Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. With reference to its previous comments, the Committee recalls that it noted that the Prison Regulations (Royal Decree No. 1202/81) did not clearly establish the voluntary character of work by convicts for private enterprises. The Committee notes the additional explanations provided by the Government based on the jurisprudence of the Constitutional Court in this matter. The Constitutional Court has recognized in particular that the right to paid work is a fundamental right of prisoners and has laid down an obligation to provide a sufficient number of workplaces for all prisoners within the prison system. It follows from the Court's jurisprudence that the autonomous body responsible for prison services and labour is facing difficulties in providing work for all prisoners, which has given rise to numerous judgements. The Committee notes this information with interest. It refers to its comments in paragraphs 116 to 125 of the 1998 General Report regarding the conditions imposed by the Convention with regard to work done by prisoners for the benefit of private enterprises, and invites the Government to take the necessary measures to incorporate its practice and jurisprudence into positive law, in particular with regard to the voluntary nature of the work done. The Committee also asks the Government to indicate in its next report how in practice prisoners' work for private enterprises is conducted, how prisons are remunerated, by giving examples, and also how they are integrated in the security system. The Government is asked to indicate any further measures taken in this respect.