The Chief Inspector also took stock of the provision and delivery of vocational training in
detention and initiated discussions on the transfer of competence concerning its management to the
regional councils, following the Act of 5 March 2014 on vocational training, employment and social
democracy. Persistent barriers to accessing vocational training in detention have been observed. It
now appears necessary for efforts to continue in developing the vocational training provision and
encouraging the inclusion of more external opportunities.
The CGLPL's findings lay bare the fact that the legal framework and physical
conditions associated with work do not respect the fundamental rights of
prisoners who take up a professional activity during their time in detention.
Moreover, in view of the crucial challenges they represent, not least in terms of
reintegration, the quality of the provision and diversity of work and training in
prisons fall far short of requirements.
This is why it is necessary both to legally regulate and enhance the value of work in detention.
The development and opening up of vocational training towards the outside world must
continue. Lastly, innovative schemes allowing for a diversified range of professional activities to
be made available to prisoners must be encouraged.
The Minister of Justice submitted his comments on this opinion on 8 February 2017.
After giving a reminder of the case law of the Constitutional Council, which confirms the legal
existence of the contractual document for work in prisons23, the Minister of Justice explained that, in
view of the existence of Code of criminal procedure provisions and practices of each institution, it
seemed more appropriate to bolster the existing legal framework rather than to establish a new one.
He stressed that the need to approximate the organisation and working methods of external
professional activities is an objective that the prison authorities are working towards, particularly by
building or renovating penal institutions and production workshops that meet the health and safety
standards.
With respect to working conditions in detention, he indicated that the circular on the
operating procedure of the single multidisciplinary committee (CPU) would be updated in the second
half of 2017, so as to improve the traceability and formalism of selection requests and registrations on
a waiting list. He clarified that the contractual document was currently being harmonised with a view
to providing a job description and setting out the rights and duties of the prisoner and the institution
director and the conditions for termination. The Minister specified that a draft single contractual
document had been written and that its distribution and implementation could happen towards the
middle of 2017. Clarification of the duration and conditions of termination of the trial period would
be envisaged in this context. He indicated that discussions were, furthermore, in progress with a view
to setting out the professional or disciplinary grounds for suspending or terminating the contractual
document, so as to ensure the proper application of the penalties stipulated during a job demotion
procedure. The Minister stated that definitions of the aforesaid grounds would be put forward to
formally document a demotion procedure on professional grounds, by the end of 2017.
Regarding incapacity for work, the Minister explained that discussions would be held with the
Ministry of Labour, Employment, Vocational Training and Social Dialogue so as to determine the
means by which prisoners can access preventive medicine, and particularly the delivery of a certificate
of fitness for work. Moreover, it was mentioned that a review of the occupational health and safety
inspectors would be undertaken with the aim of engaging in dialogue with the Prison administration
23
Priority preliminary ruling on the issue of constitutionality (QPC) no. 2013-320 and 321 of 14 June 2013 and QPC no.
2015-485 of 25 September 2015.
36
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