Logo law and pluralism
Logo Università Bicocca

Erlich and Kastro v. Romania, Nos. 23735/16, 23740/16, ECtHR (Fourth Section), 9 June 2020

Date
09/06/2020
Type Judgment
Case number 23735/16, 23740/16

Abstract

Freedom of religion. Compliance with dietary rules during detention. Obligations of the prison authority. No violations of art. 9 ECHR.

Normative references

Art. 9 ECHR

Ruling

1. Prison authorities are obliged to consider and accommodate prisoners’ request deriving from their religious belief, such as the need to eat (or not to eat) some specific meals.

2. Although prison authorities are obliged to consider prisoners’ needs in terms of meals pursuant to their religious belief, there is no obligation to accommodate requests implying very specific preparation rules, separate cooking, separate containers and utensils. As a matter of fact, it is always necessary to strike the right balance between the needs of the prison institution and the religious freedom of individuals detained.