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The IJJO assists the development of a legal regulation to improve labour and hiring relations for people deprived of liberty in detention centres of Peru

Friday 19th of February 2016 | Latin America, Peru
IJJO Day by Day

In the last term of 2015, the IJJO collaborated with the National Penitentiary Institute of Peru (INPE) to develop a workshop to formulate a new legal regulation to improve labour and hiring relations for people who are deprived of liberty. This work is part of a series of actions that the Conference of Ibero-American Ministers and the IJJO have carried out to support the social reintegration and employability of this group, in the framework of the EUROsociAL II programme, which is financed by the European Union.


This workshop is the end result of the technical assistance that was provided by the IJJO to improve and guarantee the rights of people who are deprived of liberty, as well as to protect their right to work. This activity was co-organised by the IJJO and led by the expert on the topic, Gustavo Adolfo Campos, Third Member of the National Penal Council of the INPE. It was the Ministry of Justice that identified the need for this change, as they realised that the legislation that currently regulates the contractual relationship between the people in detention centres and private businesses is not clear and has legal loopholes.

Under this pretext, they set to create a legislation proposal, which was approved by competent institutions, in order to regulate the working relationship between the aforementioned parties, with the aim of developing clear precepts that benefit the people who are deprived of their liberty. In this way, the legal precepts in place that would be modified were articles 65 and 67 of the Penal Enforcement Code and article 105 of their regulations. For this, it was necessary to:

I.- Identify the legislation that needed to be modified, after having carried out a study and concluded the subsequent report by the Directorate General of Treatment of INPE, specifically the Employment and Education Subsection.

2. Discuss and evaluate the proposal for modification based on the conclusions of a Comparative Law Study (Spain, Colombia, Brazil, Chile, Ecuador), as well as the study on the existing legislation with regards to Peruvian labour law.

Once the first draft was prepared, a workshop took place on the 30th October 2015, in which state institutions (Ombudsman, Ministry of Justice and Human Rights, Ministry of Employment, Ministry of the Woman and Vulnerable Communities, National Penitentiary Institute) and civil society institutions (the Catholic and Evangelic churches and private organisations) took part. Throughout the working day, opinions and information was shared, which allowed for the proposal to be improved and validated.

Based on the aforementioned objectives, a legal regulation to improve labour and drafting relations for people who are in detention centres, which was validated by the Inter-Institutional board, was eventually submitted.

As for public policy, the IJJO supported the Ministry of Justice and Human Rights in the development of a proposal for the draft bill to improve working conditions of people deprived of liberty. This proposal will be presented to the legislative bodies to be discussed and subsequently enacted.


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