A/HRC/57/46
not be of an afflictive nature, and that the organization and methods of work in prisons are to
resemble as closely as possible those of similar work outside of prisons. 29
13.
Payment of wages for incarcerated individuals is a contentious issue. There is no clear
legal obligation under international human rights and labour law to pay exactly the same
amount of wages as regular workers outside of the incarceration setting. However, for wages
to be “fair”, they should reflect, among other things, the quality of work performed, the level
of education and skills of incarcerated individuals and the possible impact of the work on the
health and safety of those individuals.30 Equal remuneration should be paid for equal work
performed without discrimination of any kind.31 Furthermore, wages should be sufficient in
order for workers, including incarcerated individuals, and their families to be able to enjoy
other human rights.32 Moreover, while deductions from wages in order to cover incarceration
costs (such as board and lodging) and compensation for victims of crimes may be
permissible, this should be strictly controlled by public authorities, 33 meaning that the
imposition of deductions as retaliation or for other unacceptable reasons is to be regarded as
arbitrary and contrary to international labour and human rights standards.
14.
In addition to the above, the imposition of dangerous tasks and exposure to
occupational hazards should be regarded as “undignified”. States therefore must take the
steps necessary to prevent work-related accidents and illnesses. 34 In addition, equal and
prompt access to health care35 must be secured based on the principle of humane treatment
of incarcerated individuals and the prohibition of inhuman or degrading treatment. 36
Appropriate remedies, such as compensation, should be provided in the event of accidents
and illnesses.37 Other unacceptable working conditions, including excessive working hours
without breaks or rest days, intimidation and violence, including of a sexual nature, should
be regarded as indicators of forced labour contrary to the Forced Labour Convention, 1930
(No. 29).38
15.
With regard to access to justice and remedies for incarcerated individuals who have
experienced labour exploitation and sexual exploitation, the guiding principles are
availability, accessibility, confidentiality, safety, effectiveness and traceability. 39 The
relevant information on complaints procedures should be provided to all incarcerated
individuals in languages that they understand, and they should be able to complain to
competent authorities, lawyers, inspectors and others of their treatments confidentially and
safely without the risks of retaliation, intimidation and other negative consequences. 40
Furthermore, all allegations must be investigated promptly and impartially and, where those
allegations are substantiated, appropriate sanctions should be imposed on perpetrators and
remedies provided for victims.41
16.
In order to promote effective rehabilitation and reintegration and to prevent recidivism
and contemporary forms of slavery, States should provide individually tailored educational,
vocational and other relevant opportunities for incarcerated individuals. Article 10 (3) of the
International Covenant on Civil and Political Rights emphasizes that the main aim of
penitentiary systems is to be reformation and social rehabilitation, and rule 98 of the Nelson
29
30
31
32
33
34
35
36
37
38
39
40
41
GE.24-12247
Rules 97 and 99.
Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 10.
Ibid., para. 11.
Ibid., para. 18.
Committee of Experts on the Application of Conventions and Recommendations, Eradication of
Forced Labour, para. 117.
Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 25.
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 34.
Dafnis v. Greece (CCPR/C/135/D/3740/2020), para. 8.5.
Rule 101 of the Nelson Mandela Rules.
ILO, “Indicators of forced labour” (2012).
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment, “Complaints mechanisms” (2018). Available at
https://www.coe.int/en/web/cpt/complaints-mechanisms.
Ibid., and rules 54–57 of the Nelson Mandela Rules.
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment, “Complaints mechanisms” (2018). See also the Nelson Mandela Rules.
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