NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2017
88
Furthermore, the public often has no understanding of
the importance of prison health for public health, and
may ask why money should be spent on the healthcare
of offenders in times of budget cuts in healthcare for
‘decent’ people in the community.
International standards and guidelines for
providing healthcare in prison
To cope with these problems, to meet these conflicting
demands and to avoid misunderstandings, it is
essential that:
››physicians and healthcare workers caring for
detainees stick to sound medical ethics and
››medical ethics are made known, understood and
accepted by the whole prison community, i.e. the
prisoners and the prison administration.
In the past decades, a number of internationally accepted standards and guidelines on prison healthcare
ethics have been developed and issued by the United
Nations6,7, the Council of Europe8,9,10, the World Medical
Association (WMA)11, the International Council of
Nurses12, Penal Reform International13 and Physicians
for Human Rights14.
The essence of all these documents can be summarised as follows: The sole task of healthcare workers
is the health and well-being of the inmates and this
task has to be provided with free access to healthcare
for all inmates while maintaining confidentiality and
respect for the patient’s autonomy, including preventive
healthcare and humanitarian support based on clinical
independence and professional competence.
Compliance with these principles and guidelines
not only ensures the ethical conduct of healthcare
professionals in prison, but also provides very
tangible professional advantages such as promotion
of the inmates’ confidence in medical care in prison,
confirmation of the doctor’s medical professionalism
and ethics, prevention of misunderstandings, guidance
in conflict situations, quality assurance of the medical
work and safeguarding against legal complaints.
—
Compliance with these
principles and guidelines not only
ensures the ethical conduct of
healthcare professionals in prison,
but also provides very tangible
professional advantages.
—
6 Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians for the Protection of Detained Persons
and Prisoners Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1982 www.cirp.org/library/ethics/
UN-medical-ethics
7 The United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules) www.unodc.org/
documents/justice-and-prison-reform/GA-RESOLUTION/E_ebook.pdf
8 Council of Europe: The CPT standards CPT/Inf/E(2002) 1-Rev 2010 http://www.cpt.coe.int/en/docsstandards.htm
9 Council of Europe: Recommendation Rec (2006)2 on the European Prison Rules https://wcd.coe.int/ViewDoc.jsp?id=955747
10 Ethical and Organisational Aspects of Health Care in Prison. R (98) 7, 1998 https://rm.coe.int/16804fb13c
11 World Medical Association Policies https://www.wma.net/policy/
12 Int. Council of Nurses: Nurses‘ role in the care of detainees and prisoners. Adopted 1998, revised 2011 www.icn.ch/images/
stories/documents/publications/position_statements/A13_Nurses_Role_Detainees_Prisoners.pdf
13 Penal Reform International: Making Standards Work. An international handbook on good prison practice. 2nd edition, 2001. www.
penalreform.org/publications/making-standards-work-international-handbook-good-prison-practice
14 Physicians for Human Rights: Dual Loyalty and Human Rights in Health Professionals Practice. http://physiciansforhumanrights.
org/library/report-dualloyalty-2006.html
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