Obligation to Shave the Beard - (Un)justified Violation of the Freedom to Manifest Religion by Persons Deprived of Liberty (Considerations in the Light of the Judgment of the Court of Appeal in Kraków of 24th April 2018, I ACa 1217/17)

Abstract

In a judgment of 2018, the Court of Appeal in Kraków finally decided that the defendant?s position, demanding specific claims in connection with the necessity of shaving a part (i.e. shortening) of a beard while in prison, is unfounded. In this publication, we want to analyze the scope of legitimate restrictions on the violation of freedom of manifesting religion in a prison, with particular emphasis on legal aspects invoked by the defendant, followed by courts adjudicating in the analyzed case. On the one hand, the basis of the analysis is the psychological significance of religion in the life of a man, including a person deprived of liberty, on the other - international and national regulations relating to religious freedom and the right to manifest it. As a result of the analysis, based on the decoded requirements set for legal regulations relating to limitation of human rights, the evaluation included also the executive provisions regarding freedom of religion during imprisonment and decisions of competent authorities, as well as the judgment itself, initiating publication. Finally, the principles were formulated, called the cascading triad ultima ratio, which are a general model for assessing executive regulations related to limiting the rights and freedoms of convicts.