C HAPTER 9. T HE RIGHT OF PRISONERS TO HAVE ACCESS TO HEALTH CARE OBJECTIVE International instruments protect everyone, including prisoners, against gross violations of their health and the integrity of their person. The objective of this chapter is to underline that, because people who are in custody are particularly vulnerable, there are specific international standards which protect their right to health care. ESSENTIAL PRINCIPLES All prisoners and detained persons have the right to the highest attainable standard of physical and mental health. Prisoners should have free access to the health services available in the country. Decisions about a prisoner’s health should be taken only on medical grounds by medically qualified people. These principles should be presented visually and remain on display throughout the session. BASIS IN INTERNATIONAL INSTRUMENTS Exercise: Using the Compilation of Instruments, the trainees should work in pairs in order to discover the basis for each of these principles. The exercise should be followed by a brief reporting back session. IMPLICATIONS In presenting this section, it is important to get across the message that the State has a special responsibility to those whom it deprives of liberty. This may be difficult for some to accept. The trainees must understand that it is not for them to judge whether a detainee “deserves” good health care, particularly when health-care provision in the community is not of a very high quality. They should concentrate their energies on understanding what the international instruments require of them in their daily work. PRACTICAL RECOMMENDATIONS These should be presented one at a time with an opportunity for discussion. TOPICS FOR DISCUSSION A list of topics is provided in the Manual. Methodology: The trainees should be divided into small groups and be given the two topics to discuss. 65