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