The right to work of convicted persons and its limitations

Abstract

Work in jail represents an important factor that significantly contributes to the process of rehabilitation and reintegration of the convicted person. At national level, persons deprived of liberty are provided with the necessary framework to carry out working activities, with sufficient regulations in this regard, while in practice, the administration of each penitentiary in Romania seeks to ensure as many jobs for as many inmates as possible. Nevertheless, the right to work of inmates is not absolute, as there are numerous limitations and conditions provided by law that are intended to ensure the proper conduct of these activities. Considering that the right to work is part of the category of fundamental rights, in order to restrict its exercise, the conditions provided at the constitutional level must be observed, conditions intended to guarantee the protection of each person’s rights.
The purpose of this paper is to carry out an analysis of the right to work of convicted persons, both from a historical perspective and in the current social context, aiming to highlight the importance that work in penitentiaries has on the rehabilitation process, which constitutes the core of the execution of the sentence. Furthermore, we will also conduct a thorough examination of the limitations provided under Article 24 of the Instructions on the organization of work for persons deprived of liberty, adopted through Decision no. 500.165/2017 of the National Administration of Penitentiaries, in their previous form to the changes brought by Order no. 267 of the 8th August 2025, which highlights certain situations incompatible with the exercise of working activities by inmates. This analysis aims to verify the compliance of the applicable legal provisions with the standards imposed at the constitutional level, in order to guarantee the observance of fundamental rights, as well as with the principle of fairness and equality, which are essential in a democratic society that places emphasis on the process of rehabilitation and social reintegration of persons deprived of liberty.