A/HRC/57/46 incarcerated individuals, are not always reflected in wages72 and there are disturbing reports of incarcerated individuals being poorly remunerated, or not remunerated at all. 73 25. The Special Rapporteur is seriously concerned by the current practices among States with regard to wages and deductions, as many incarcerated individuals are not able to buy necessities, contribute to social security, support their loved ones outside and save for their future. Financial insecurity significantly enhances the risks of recidivism and contemporary forms of slavery once they are released. This in turn increases economic and social costs to the society in the long run. The Special Rapporteur therefore takes a firm view that States must pay fairer and sufficient wages regardless of the type of labour performed by incarcerated individuals. In that regard, the national minimum wage, which rises with inflation, is a reasonable starting point. Incarcerated individuals are more likely to appreciate the value of the work they perform, and this enhances its rehabilitative nature. Furthermore, while acknowledging the need to cover the costs of maintaining correctional facilities, the Special Rapporteur recommends that States reduce the amounts of deduction, which, in most cases, appear excessive. 26. In other issues relating to the working conditions, it is worth noting that many working incarcerated individuals are covered by labour and social security legislation in various parts of the world. In Morocco, Mozambique and Türkiye, they enjoy the same entitlements with regard to occupational health and safety protection as other individuals,74 and social security legislation is applicable in Albania, the Congo and Spain. 75 France additionally provides maternity and disability insurance,76 and incarcerated individuals in the Russian Federation are entitled to old age pension schemes.77 Various States also regulate other issues, such as working hours, rest periods and holidays for prisoners, in their domestic legislation. 78 With regard to labour relations with private employers, in Burkina Faso, Ecuador, Iraq, Germany, Montenegro and Serbia, 79 employment contracts covering wages, working conditions, occupational health and safety and other pertinent issues are signed between prisoners and prison authorities or private employers themselves. 27. Another area worth noting is support provided to families of incarcerated persons. Australia and Ireland provide financial support for parents separated by imprisonment, and child allowances are available in Fiji, Namibia and Viet Nam. 80 Brazil provides pension benefits for dependants of incarcerated individuals. 81 Given that most incarcerated individuals globally do not receive sufficient wages, such support is crucial; it can help 72 73 74 75 76 77 78 79 80 81 GE.24-12247 Submission by Penal Reform International; and Canada, Office of the Correctional Investigator, Annual Report 2022–2023, pp. 9 and 10. Submissions by the Russian Federation, the Maat for Peace, Development and Human Rights Association, the Committee for Human Rights in North Korea, the Corporate Accountability Lab, and Claudia Alejandra Cardona, of the Corporación Mujeres Libres, and Angela Marcela Olarte Delgado, of the centre for research in criminal policy of Universidad Externado de Colombia; Prisoners Defenders, “Brief report on forced labour in Cuban prisons” (2024); European Committee of Social Rights, “Conclusions 2022: France” (2023), pp. 16 and 17; and American Civil Liberties Union and University of Chicago Law School Global Human Rights Clinic, Captive Labour, pp. 34 and 35. Submission by Morocco; sections 53 and 54 of the Code for the Implementation of Sentences, approved through Act No. 26/2019 (Mozambique); and United States, Social Security Administration, Social Security Programs Throughout the World: Europe, 2018, p. 368 (on Türkiye). Submission by Spain; section 54 of the General Prison Regulations of 2015 (Albania); and Act No. 10-2022 of 20 April 2022 (Congo). Law No. 2021-1729, supplemented by Decree No. 2022-655; and submission by Aix Global Justice. Submission by the Russian Federation. Submissions by Colombia, Luxembourg, Morocco and Spain. Committee of Experts on the Application of Conventions and Recommendations, observations and direct requests on Conventions No. 29 and No. 105, issued between 2021 and 2024 (available at https://normlex.ilo.org/dyn/normlex/en/f?p=1000:20015); and submission by Germany. United States, Social Security Administration, Social Security Programs Throughout the World: Asia and the Pacific, 2018 (2019), pp. 47, 90 and 290; Social Security Programs Throughout the World: Africa, 2019, p. 203; and Social Security Programs Throughout the World: Europe, 2018, p. 180. United States, Social Security Administration, Social Security Programs Throughout the World: The Americas, 2019, p. 92. 9

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