Text file: 1953.txt
author: AK47
downvotes: 3
end consideration date: 2011-08-03
id: '1953'
number comments: 60
number views: 7195
proposal type: Competent authority response
response: "Response from the Ministry of Justice\nFor persons sentenced to imprisonment,\
  \ the State is obliged by international treaties and national legislation to respect\
  \ the basic human rights and fundamental human dignity of prisoners. Article 49\
  \ of the Constitution of the Republic of Slovenia guarantees freedom of labour as\
  \ a fundamental human right and freedom, which includes three independent rights:\
  \ the right to free choice of employment, the right to equal access to every job\
  \ under equal conditions and the prohibition of forced labour.\nThe prohibition\
  \ of forced and compulsory labour is also enshrined in the following international\
  \ instruments, which are binding on the Republic of Slovenia:\n Article 8 of the\
  \ International Covenant on Civil and Political Rights, Article 4 of the European\
  \ Convention for the Protection of Human Rights and Fundamental Freedoms, and the\
  \ definition of forced labour is laid down in two ILO Conventions, namely ILO Convention\
  \ No. 29 concerning Forced or Compulsory Labour and ILO Convention No. 105 concerning\
  \ the Elimination of Forced Labour.\nIn view of the foregoing and the fact that\
  \ human rights and freedoms are exercised on the basis of the Constitution, and\
  \ that the manner in which human rights and fundamental freedoms are exercised can\
  \ only be prescribed by law where the Constitution so provides or where the very\
  \ nature of a particular right or freedom so requires (15. The Ministry of Justice\
  \ concludes that the possible legalisation of forced labour for prisoners would\
  \ constitute a violation of fundamental human rights and freedoms, which are enshrined\
  \ in the Constitution of the Republic of Slovenia, as well as in a number of international\
  \ instruments to which the Republic of Slovenia has committed itself to respect.\n\
  Incidentally, the labour of convicted prisoners is regulated by the Act on the Execution\
  \ of Penal Sanctions in Articles 45 to 57. Within the framework of the legal norms\
  \ and the real possibilities of the institutions, prisoners who are able to work\
  \ and wish to work are allowed to work in public economic institutions, in work\
  \ necessary for the normal operation of the institution (housework), with employers\
  \ outside the institution and in the framework of occupational therapy. Convicts\
  \ who cannot be provided with work, as well as convicts who are not involved in\
  \ work for whatever reason, are not left to spend their time in prison irrationally,\
  \ as there are daily treatment and other activities for each convict."
response date: 2011-09-16
response due date: null
sent date: 2011-07-05
title: Forced labour for prisoners
upvotes: 19
url: https://predlagam.vladi.si/predlog/1953
