The accommodation of religious minority beliefs in prisons in Germany and the United States : a transatlantic comparison

Abstract

This thesis critically compares the accommodation of religious minority beliefs in prisons in Germany and the United States. Following the approach of critical secularism scholarship, it investigates if there is a Christian bias in the recognition of the religious needs and practices of inmates in both countries. The first part of the thesis examines and compares the relevant frameworks. The first chapter explains the relevant actors and the key figures of the prison system of Germany and the U.S. The second chapter sheds light on the history of religion in the prison domain and clarifies the theoretical strands of deterrence, retribution, and rehabilitation. It analyzes the prison reforms during the 1970s and 1980s in both countries and shows that the motivations and circumstances of these reforms have impact on the accommodation of religion in the prison domains today. The third chapter discusses religious diversity in numerical as well as textual terms. Against the background of the immigration history of each country, the third chapter shows how religious diversity has developed differently in Germany and the U.S. and how this has shaped different notions of religious equality and fairness in each country’s constitutionalism. The fourth chapter compares the relevant constitutional framework in light of the state-religion model, the constitutional religious freedom and equality doctrine, and the fundamental rights status of inmates in each country. The second part of this thesis starts with a theoretical and normative investigation of the concept of religious accommodation. Based on multiculturalism research, it is argued that unequal treatment of religious minorities is normatively relevant as their alienation likely undermines their equal standing in society. Subsequently, the empirically most essential needs and practices of inmates are doctrinally analyzed and compared: that to participate in chaplaincy programs, to follow religious dietary guidelines, and to use and possess religious objects and literature. The comparison shows that while the discrimination of non-Christian beliefs is a common element in both jurisdictions, the generally better treatment of inmates in Germany has to be confronted with a higher relevance of religious claims in the U.S. federal prison system.