ANNUAL REPORT OF 2019 ON THE ACTIVITIES OF THE SEIMAS OMBUDSMEN’S OFFICE OF THE REPUBLIC OF LITHUANIA Investigation into the fundamental human rights problems in the sphere of regulation of social insurance of the employed convicts The Seimas Ombudsman initiated the investigation into the fundamental human rights problems in the field of regulation of state social insurance 10 of the employed convicts during which it was assessed whether the current legal regulation when the time spent by the convicted serving imprisonment sentences working in prison institutions is not included in the length of service of these types of social insurance required under the Law on Unemployment Social Insurance and the Law on Social Insurance Pensions for receiving benefits, proportionately restricts the right of the convicted to accumulate the length of service and whether such restriction is in compliance with the national penal enforcement policy objectives. The investigation found that under the legal regulation currently in force in the country, persons, who work outside the places of imprisonment and are linked to the policyholder by employment legal relationships (work under employment contracts) or relationships corresponding to the essence of employment relations are covered by social insurance for pensions, sickness, maternity, unemployment, accidents at work and occupational diseases, thus increasing the length of their state social insurance to receive appropriate social insurance types of benefits in a proportionate manner during this period of insurance, as well as social guarantees available to the person if necessary. After analysing the caselaw formulated by the courts and the arguments presented by scientists, it can be assumed that Report No NZTI-2018/1-2 of the Seimas Ombudsman on fundamental human rights problems in the area of the regulation of state social insurance of the working convicted. 10 EVERYONE COUNTS 24 the employment (work activities) of the convicted employed in places of imprisonment and in the State Enterprise ‘Mūsų amatai’ has specific characteristics of the employment relationships when the products or services produced by the inmates during their employment (working activities) can/are provided to other persons for commercial purposes (for generating income); therefore it should be assumed that persons serving imprisonment sentences in correctional institutions and/or in the State Enterprise ‘Mūsų amatai’ are not covered by the state social insurance for unemployment and pensions. In view of the above, it should be concluded that the existing legal regulation disproportionately and unjustifiably restricts the possibilities of the employed convicts to accumulate the length of service required for the particular state social insurance benefit while working in good faith and thus become eligible for social guarantee. During the investigation, it was also established that while Article 129 of the Code of Civil Procedure de jure leaves the possibility for persons serving prison sentences to obtain voluntary state social insurance thereby shifting to them the responsibility for their future social guarantees, the persons de facto serving prison sentences can voluntarily be covered only by sickness social insurance and maternity social insurance, but such legal regulation does not contribute to ensuring social security after sentenced persons leave prison, thus creating preconditions for social exclusion of persons after their release from imprisonment. In regard to the circumstances established during the investigation, the Seimas Ombudsman recommended to the Government to consider the possibility of including all persons serving imprisonment sentences (including those employed in prison institutions and in the State Enterprise ‘Mūsų amatai’) in the state social insurance system by insuring them with pension social insurance and unemployment social insurance.