Inmates who have non-religious worldviews face discriminatory treatment in New South Wales prisons because the state’s corrective system requires visiting chaplains to be from religious backgrounds.
A member of a humanist organisation has been blocked from becoming a humanist chaplain in the prison system due to the requirement that they be from an endorsed organisation that “represents a religious faith”.
At least one non-religious inmate has spoken of her intention to stop visits from her prison’s current chaplain, complaining that, when she raises difficult topics, the chaplain simply “prays and says Hail Marys”.
Humanists Australia detailed the prisoner’s testimony and the religious-based discrimination against the humanist chaplain in a letter last month to Corrective Services NSW, which is part of the Department of Communities and Justice. The Rationalist Society of Australia joined with other pro-secular organisations in supporting Humanist Australia’s letter.
In the letter, Humanists Australia wrote that it had investigated whether it could become a member organisation of the Civil Chaplaincy Advisory Committee (CCAC) in order to provide humanist pastoral carers to New South Wales prisons.
CCAC, through a large number of faith-based membership organisations, supplies chaplains in the state’s corrective services, youth justice, and health services.
In its letter, Humanists Australia pointed out that CCAC’s constitution required that an organisation, “whether incorporated or not, is eligible to be a member of the association if … the organisation represents a religious faith.”
In the letter, Humanists Australia asked the state government to approve other means for endorsement of chaplains, such as directly through Humanists Australia or via Spiritual Care Australia – an organisation that accredits both religious and non-religious chaplains.
“Humanism is a non-religious belief system. Humanist chaplains are the equivalent of clergy; they have been working to support the wellbeing of non-religious people in Australian universities, hospitals and the military for many years,” said the letter.
On its website, CCAC claims that its chaplains offer “non-judgmental care” that is “rooted in respect for each person’s beliefs, values, and unique circumstances”. It also says that its chaplaincy services are “inclusive, welcoming people from all walks of life and respecting the diversity of beliefs within our community”.
In promoting chaplaincy, Corrective Services NSW says chaplains are from various faith traditions, including Christian, Muslim, Jewish, Buddhist and Sikh, and are “trained to minister to inmates and staff of many faiths or without religious faith”.
On its website, Corrective Services NSW also describes the NSW government’s rationale for providing and subsidising chaplaincy services to inmates is in ensuring a human right to freedom of thought, conscience and religion – as recognised in international human rights laws. The website also adds that the Australian Human Rights Commission has also recognised that this protects non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.
In its letter, Humanists Australia noted that section 79 of the Crimes (Administration of Sentences) Act 1999 (NSW) speaks of authorising “ministers of religion and other spiritual advisors for correctional centres”.
“The current system is much narrower than what the legislation appears to contemplate. This means the current system of allowing only religious chaplains may be vulnerable to legal challenge in the NSW courts,” said the letter.
The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) provides that there shall be no discrimination on the basis of religion in prisons.
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Si Gladman is Executive Director of the Rationalist Society of Australia. He also hosts ‘The Secular Agenda’ podcast.
Photo by Harry Shelton on Unsplash.