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. 5

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