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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction:
NO
If yes, how are the prisoners\' rights ensured? If the right to strike does not exist in your country, are other means of actions practiced?In Austria, there is neither a right to strike nor an explicit prohibition of strike action. Regarding the duty of allegiance (§ 43 (1) BDG), generally a strike is incompatible with this basic ethical attitude. In case of work disputes, it is the responsibility of the Austrian Federal Chancellery to allow officers a stoppage of work and taking industrial actions, e.g. participating in demonstrations. The official allowance of the Austrian Federal Chancellery is forwarded to the Ministry of Justice and the Austrian Prison Service, which have to communicate it with the prisons. In either case, the maintenance of order and security and the maintenance of service operations must be warranted in every prison at any time. This includes especially all necessary patrol duties and stand-by services, furthermore all other services not to be delayed, e.g. observation of official duties and legal acts inside the prisons as well as transfers to the court, to public hospitals etc. The head of every prison has to ensure, that these prerequisite conditions are existent at any time.
Which are the rights that detainees are guaranteed in any circumstance?As mentioned before, the maintenance of security and service operations must be warranted. This also means, that the rights of the inmates must be guaranteed in these or any other circumstances.
Do detainees take this matter to court?Basically, the inmates have the right to complain like in all other matters related to their accommodation and treatment.
Special Remarks or CommentsYES
If yes, how are the prisoners\' rights ensured?Pursuant to article 6. paragraph 1. Servitude of imprisonment law („Narodne novine“, number: 190/03-revised text, 76/07, 27/08, 83/09, 18/11, 48/11, 125/11, 56/13 i 150/13) affairs of imprisonment servitude are in jurisdiction and incidence of compentence Ministry of justice affairs and executive judge. In the case of officers strike in prison system administration Ministry of justice, imprisonment servitude affairs does not take over by any other public administration or public service.
If the right to strike does not exist in your country, are other means of actions practiced? Which are the rights that detainees are guaranteed in any circumstance?Pursuant to article 14. Servitude of imprisonment law any prisoner has right, under conditions provided by this Law on: -Accomodation appropriate to human dignity and health standards -Personality protection and confindentiality ensurance of individual data -Regularly food and water meals according with health standards -Work -Education -Expert legal aid and legal instrument for protection of his rights regulated by this law -Health protection and motherhood protection -Communication with external world -Stay at open air of penitentiary or prison at least two hours every day -Correspondence and conversation with lawyer -Denomination an conversation with authorised religious representative -Matrimony in penitentiary or prison -Voting on common elections -Other rights provided by this Act Foreign national prisoner has right to correspond and talk with diplomatic and consular representative of his own country or state that protects his rights On arrival of servitude imprisonment, prisoner must be familiar with his rights, modality of their protection and obligations.
Do detainees take this matter to court?In administration office for prison system Ministry of justice of Republic Croatia there was no organised servent strike so far.
Special Remarks or CommentsNO
If yes, how are the prisoners\' rights ensured?Not relevant.
If the right to strike does not exist in your country, are other means of actions practiced?No. Our correctional officers are employed as civil servants and do therefore not have the right to strike. If they do it will be considered an official misconduct most likely resulting in dismissal.
Which are the rights that detainees are guaranteed in any circumstance?Due to the fact that the correctional officers do not have the right to strike, the detainees rights are not violated.
Do detainees take this matter to court?No
Special Remarks or CommentsNO
If yes, how are the prisoners\' rights ensured?-
If the right to strike does not exist in your country, are other means of actions practiced?In accordance with Section 22 of the Prison Administration Law - an official is prohibited from organising strikes and participating therein. In accordance with Section 9 of the Latvian Prison Administration Code of Ethics – Latvian Prison Administration official and employee, regardless of their political beliefs are loyal to the legitimate government in the performance of their duties, leaving aside personal interests, subjective point of view and external influences (the other person, political, religious or social group interests, public protests, or fear of criticism).
Which are the rights that detainees are guaranteed in any circumstance?-
Do detainees take this matter to court?-
Special Remarks or Comments-
NO
If yes, how are the prisoners\' rights ensured? If the right to strike does not exist in your country, are other means of actions practiced?Trade Unions represent the interests of the officers.
Which are the rights that detainees are guaranteed in any circumstance?Detainees are guaranteed all the rights determined by the laws of the Republic of Lithuania regulating pre-trial detention and sentence enforcement.
Do detainees take this matter to court?In such a case they have the right to appeal to Administrative Court.
Special Remarks or CommentsNO
If yes, how are the prisoners\' rights ensured?N/A
If the right to strike does not exist in your country, are other means of actions practiced?no
Which are the rights that detainees are guaranteed in any circumstance?N/A
Do detainees take this matter to court?N/A
Special Remarks or CommentsYES
If yes, how are the prisoners\' rights ensured?The right to strike for prison staff excist in The Netherlands. This right is regulated by law. The competent authorities and the trade unions make agreements which are secured in a strike protocol. In this protocol is agreed that the actions that are taken by the trade unions must in no case endanger the daily management of the prison.In certain cases the competent authorities can go to court to enforce continuity of the management by forbidding certain actions that are taken by the trade unions.
If the right to strike does not exist in your country, are other means of actions practiced? Which are the rights that detainees are guaranteed in any circumstance?The right for detainees that guaranteed in any circumstace are order and security, the executing of the day programme and the right to receive visitors.
Do detainees take this matter to court?In general they could do so but this rarely happens because the goverment ensures the guaranteed rights of the detainees.
Special Remarks or CommentsYES
If yes, how are the prisoners\' rights ensured?The right to strike for prison staff excist in The Netherlands. This right is regulated by law. The competent authorities and the trade unions make agreements which are secured in a strike protocol. In this protocol is agreed that the actions that are taken by the trade unions must in no case endanger the daily management of the prison.In certain cases the competent authorities can go to court to enforce continuity of the management by forbidding certain actions that are taken by the trade unions.
If the right to strike does not exist in your country, are other means of actions practiced? Which are the rights that detainees are guaranteed in any circumstance?The right for detainees that guaranteed in any circumstace are order and security, the executing of the day programme and the right to receive visitors.
Do detainees take this matter to court?In general they could do so but this rarely happens because the goverment ensures the guaranteed rights of the detainees.
Special Remarks or CommentsYES
If yes, how are the prisoners\' rights ensured?The goverment can by law stop an ongoing labour conflict or strike when it seriously affects the public interest.The goverment and the prison administration itself guarantees the prisoners rights. Such action by the goverment are always respected by the parts in the conflict.
If the right to strike does not exist in your country, are other means of actions practiced? Which are the rights that detainees are guaranteed in any circumstance?All the rights in The Execution of Sentences Act are guaranteed.
Do detainees take this matter to court?No.
Special Remarks or CommentsThis content is only available to registered members of EuroPris.
YES
If yes, how are the prisoners\' rights ensured?There is no legislation in Scotland preventing Prison Officers from striking. However, the Prison Officers Association (Scotland) (POA(S)) which is the trade union recognised to represent prison officers, have signed a no-strike agreement, the Voluntary Industrial Relations Agreement (VIRA).
If the right to strike does not exist in your country, are other means of actions practiced?The POA(S) have organised protests outside prisons.
Which are the rights that detainees are guaranteed in any circumstance?Prison rules allow us to derogate the rights of prisoners in certain circumstances such as staff shortages. Services are grouped into priorities and managed through a contingency planning process.
Do detainees take this matter to court?No, Prison rules allow us to derogate the rights of prisoners in certain circumstances such as staff shortages.
Special Remarks or CommentsThis content is only available to registered members of EuroPris.