Media release 12 February 2007
DISCRIMINATION LAWS PROTECTING PRISONERS SHOULD STAY
In response to calls by the Queensland Corrective Services Minister, Judy Spence,
to override anti-discrimination laws that protect the right of prisoners to practise
their religion, Queensland's Anti-Discrimination Commissioner, Ms Susan Booth says
‘Current anti-discrimination laws should stay.’
Minister Spence's call was prompted when Judge Lyons of the Supreme Court of
Queensland upheld the decision of the Queensland Anti-Discrimination Tribunal that a
Muslim prisoner who was not given fresh Halal meat was discriminated against on the basis of
his religious belief or activity. Judge Lyons stated ‘…obviously for
religious reasons a Muslim cannot eat the non-Halal meat …’
Ms Booth said ‘It has always been the case that while prisoners lose many
rights when they go to prison they have been able to practise their religion.
This case shows that the Supreme Court agrees with the President of the Tribunal:
anti-discrimination laws protect a prisoner's rights to practise their religion. If
the laws are changed, I am concerned that important aspects of practising your
religion when you are in prison - can arbitrarily be removed.’
Ms Booth added ‘Any prisoner with a religious belief could be discriminated
against with no redress to an independent umpire.’
Ms Booth said ‘Discrimination laws protect both prisoners and prison
officers. Changing the law won't stop allegations of discrimination, but now the
independent umpire - the Anti-Discrimination Commission - won't be able to assist
prisoners and prison authorities to ensure that the prisons are free from
discrimination.’
Ms Booth added that despite the Minister's concerns about providing various
types of dietary and religious requirements, Judge Lyons noted all Muslim prisoners are now provided with fresh Halal meat.
She said ‘Queensland Corrective Services now complies with the law and I
urge that the Department continue to meet the religious needs of prisoners.’
For further comment contact Susan Booth
telephone: 07) 3247 0901 or TTY 1300 130 680