6. HEALTH-CARE
This will only be possible if the salaries and terms
and conditions of prison health-care staff are good
enough to attract and retain those skilled staff
members. To provide equivalence of care, prison
health-care services must also be adequately
equipped and funded.
Rule 24(1) is clear that prisoners should have access
to necessary health-care services free of charge. The
UN Body of Principles similarly states that following
a prisoner’s initial medical examination, “medical
care and treatment shall be provided whenever
necessary. This care and treatment shall be provided
free of charge”.
CONTINUITY OF CARE [6.4]
Continuity of care is important not only on admission
to prison, but also upon release, and will generally
be easier to manage when prisoners are allocated
close to their usual place of residence.
The requirement to provide continuity of care also
includes a duty to properly manage and transfer
a prisoner’s medical files. Rule 26(2) makes it
clear that medical files must be transferred to the
health-care service of the receiving institution
upon transfer of a prisoner and shall be subject
to medical confidentiality.
When individuals with specific medical conditions
are released from prison, health-care professionals
should consider whether they need to provide them
with some medication to account for the time it may
take them to arrange further medical consultations
and a regular supply of medication.
The most effective way of ensuring continuity of care
is to assign responsibility for providing health-care
in prisons to the national health authority. If this is
not possible, there should be close links between
community and prison health-care providers.
To adequately respond to health-care needs in
prisons, both prison staff and prison health-care
providers may require specific training opportunities
and support services. This is particularly important
given the difficult working conditions health-care
staff may face in places of detention, and especially
in remote locations.
Prison health-care staff should receive training on
how to report torture or other ill‑treatment within
the prison system, including in cases where it may
have occurred outside prison and is identified upon
a prisoner’s arrival. To this end, all health-care staff
should be provided with a copy of the Istanbul
Protocol and be trained in applying it. The UNSPT
has specified that medical examinations should
“be carried out in private by a health professional
trained in the description and reporting of injuries,
include an independent and thorough medical and
psychological examination, and the results be kept
confidential from police or prison staff, and shared
only with the detainee and/or the detainee’s lawyer,
in accordance with the Istanbul Protocol”.338
All prison health-care staff should receive training
on human rights and medical ethics, including
the particular challenges that may be faced in
detention settings.
In accordance with Rule 76(d), all prison staff
should receive training on first aid. This is important
because they are often the first responders in the
event of an emergency health situation.
Rule 76(d) also requires that all staff receive training
on the psychosocial needs of prisoners, social care
and assistance, including early detection of mental
health conditions. Chapter 1, paragraphs 167–220
of this guidance document deals with staff training
and development in more detail.
6
The principle of equivalence of care does not mean
that prisons have fewer obligations to prisoners
in communities where there are no local health
facilities, or where health-care is particularly poor.
SPECIFIC TRAINING FOR PRISON STAFF
AND HEALTH-CARE PROVIDERS [6.5]
338
338. Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Kyrgyzstan,
28 February 2014, CAT/OP/KGZ/1, para. 57.
Guidance document on the Nelson Mandela Rules
145
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