The right to practice religion or spirituality is a fundamental human right for people in custody. It is enshrined in various international standards and rules – for example Standard G(48) of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and Rules 65 and 66 of the United Nations Standard Minimum Rules for the Treatment of Prisoners. These instruments state people in custody should have the opportunity to hold, adopt, and practice their chosen religious or spiritual belief. It is commonly known as the right to freedom of thought, conscience, and religion.
In Western Australia the obligation to provide these opportunities and freedoms to people in custody is enacted within legislation. Section 95E of the Prisons Act 1981 outlines the right of prisoners to engage in the observance or practice of religious or spiritual beliefs and to receive religious or spiritual guidance from recognised advisors or practitioners. This right is subject to restriction only for the security, good order, and management of the facility or population. The Young Offenders Act 1994 is less explicit with Section 181 conferring authority on the Commissioner of Corrective Services to develop operational rules for the management of detention centres and detained young people.
These Acts are operationalised by various Department of Justice policies and procedures which contain standards dedicated to the provision and management of religious and spiritual services, resources, and requirements.