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SUMMARY OF THE INITIATIVE REGULATING PENITENTIARY LABOR

PROPOSAL OBJECTIVE

  • Incorporate rules for prison labor to ensure basic conditions and benefits for workers, create an environment conducive for more people to provide dignified employment opportunities which, in turn, contribute to inhibiting recidivism.

JUSTIFICATION

  • The Mexican State must provide the necessary means for persons deprived of liberty to exercise their rights and achieve social reintegration.

  • A fundamental means for this is work; however, there is no adequate regulation that contributes to the generation of skills and opportunities for dignified and remunerated employment in prison.

  • In Mexico, most persons deprived of liberty are young people of productive age, many from conditions of poverty. Approximately 13% re-offend upon release from prison, given the great difficulty in re-entering the labor market.

  • Currently, opportunities to develop productive activities within prison are minimal, or are not carried out under optimal conditions.

  • The National Law on Criminal Enforcement provides for the modalities of work within prison, but does not include harmonized rules or criteria that ensure the organization and operation of work and training programs, within a full framework of respect for human rights.

  • This has allowed, on the one hand, the violation of rights and labor exploitation and, on the other, has discouraged the participation of the private sector in providing employment opportunities.

SUMMARY

  • Several articles are added to the National Law on Criminal Enforcement to establish rules and mechanisms that allow for:

  1. Supervise the participation of the private sector in order to prevent the violation of the rights of persons deprived of liberty;

  1. Have transparent processes for the selection of persons deprived of liberty seeking access to job vacancies;

  1. Diversify employment training options, in order to guarantee training free of gender stereotypes that allows men and women to develop technical and professional skills, in equal conditions, in accordance with the demands of the labor market;

  1. Facilitate access for persons deprived of liberty to information about their administrative and labor situation within the detention center. In particular, regarding the remuneration corresponding to the work activities to be performed;

  1. Guarantee remuneration as an essential right to work and an important element for the reintegration of persons deprived of liberty.

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