6. HEALTH-CARE
15
By diagnosing health problems, or potential health problems, as soon as possible after
admission, prison administrations can save financial resources by preventing illness or
deteriorating health conditions, and by preventing communicable diseases from spreading
to other prisoners or staff.
16
By knowing the health situation of each prisoner, prison administrations can also better
plan for individualized rehabilitation programmes, including appropriate training and work
opportunities. It may be that those who have health problems are unable to participate in
established work programmes or such programmes may need to be tailored to their needs.
17
A healthy prison environment provides a healthier work place for staff, which, in turn, helps
to improve relationships between prisoners and staff.
CONTEXT: FUNDAMENTAL PRINCIPLES OF HEALTH-CARE PROVISION IN PRISONS [6.1]
Protection
Imprisonment should not increase the health risk of prisoners.
Equivalence of care
The health-care available in prison should be equivalent to that available in the community
outside prison.
The right to the highest attainable standard of health
To meet this fundamental right of all human beings, health facilities, medical goods and services have
to be available in sufficient quantity, be accessible to everyone without discrimination, be in line with
medical ethics principles and be culturally appropriate. They must also be scientifically and medically
appropriate and of good quality.341
Independence
Health-care staff must be able to act with full clinical independence, basing treatment on patients’
needs. Clinical decisions must be taken based on medical grounds only and may not be overruled
or ignored by non-medical prison staff (Rule 28(2)). This includes decision-making on the need for
emergency or specialized treatment or surgery.
Non-discrimination
Rule 24(1) notes that prisoners should have access to necessary health-care services without
discrimination on the grounds of their legal status. The principle of non-discrimination set out in
Rule 2 also applies in relation to the provision of health-care. This does not mean that all prisoners
should receive the same treatment, rather, it means that different groups of prisoners should receive
appropriate health-care based on their needs, including gender-sensitive treatment.
Confidentiality
Prisoners should be able to access health-care services in full safety and confidentiality.
Informed consent
The principle of free and informed consent to treatment and medication must apply equally
in detention.
State responsibility
The state is responsible for providing prisoners with free medical treatment and to protect and
promote their physical and mental health and wellbeing.
6
Links to community health services and continuity of care
Health-care service providers should have a close relationship with the public health administration
to ensure continuity of treatment and care.
341. General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12), Twenty-second Session of the Committee on Economic,
Social and Cultural Rights, 11 August 2000, E/C.12/2000/4.
Guidance document on the Nelson Mandela Rules
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