One of the great strengths of the Federal Constitutional Court is that it sheds light on the dark side of society. A few years ago this was patient rights in psychiatry, now it is the value of working behind bars. The court negotiated for two days, opening up a glimpse into the workshops where goods are packaged, birdhouses are made and electrical parts are manufactured. The spectrum ranges from occupational therapy to real production. But the prison jobs have one thing in common: they are miserably paid. Those who receive 2.20 euros per hour are among the top earners.
The reason for the meager wages is that if they are too high, the companies will no longer have people work in German prisons, but in low-wage countries. This is because the productivity of the prisoners, who are often plagued by addiction problems and mental disorders, lags far behind the free market. Then the work falls away and nobody gets anything out of it.
What’s right about it is that you can’t make the world the way it should be. But at the same time, this reveals a fundamentally wrong approach. One should not measure the value of prison work by market standards. Capitalism does not provide any usable parameters to quantify wages in execution. The right measure is a constitutional one – the principle of rehabilitation.
This isn’t about doing favors for lawbreakers
That criminals need to be reintegrated into society, and first and foremost into work, is a great idea, but one that has seen better days. Following the liberal reforms of the 1970s, the past few decades have been characterized by a return to harsher punishments. This climate is also reflected in the measly wages: Justice policy wants to avoid any impression that criminals are being rewarded by the state. Work in prison should also feel like punishment.
The fact that this narrow-mindedness still haunts some minds harbors dangers. Because resocialization is never about doing good for lawbreakers, not about therapies, not about early release and not about work either. It’s always about building bridges to a life free of punishment, which – if it works – helps everyone. Of course, there is no insurance here. But what is certain is that this is the best, maybe the only chance to end a criminal career.
Do you have to increase the remuneration for work in prison? Yes, you have to. Because there is a line behind which an hourly wage becomes humiliation – and when it comes to suffering humiliation, convicts really are experts. The concepts are on the table: introduce a higher gross wage and deduct prison costs, maintenance and debt repayments. Or you can grant a wage increase through reduced imprisonment and a reduction in court costs. This does not necessarily leave more money for everyday life behind bars. Yet, perhaps for the first time, people are learning that honest work pays.
Incidentally, the money would also be a good investment from an economic point of view. Each omitted relapse protects the budget. A day of detention costs 170 euros.