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Transmissible diseases
31.
The spread of transmissible diseases and, in particular, of tuberculosis, hepatitis and
HIV/AIDS has become a major public health concern in a number of European countries.
Although affecting the population at large, these diseases have emerged as a dramatic
problem in certain prison systems. In this connection the CPT has, on a number of occasions,
been obliged to express serious concerns about the inadequacy of the measures taken to tackle
this problem. Further, material conditions under which prisoners are held have often been
found to be such that they can only favour the spread of these diseases.
The CPT is aware that in periods of economic difficulties - such as those
encountered today in many countries visited by the CPT - sacrifices have to be made,
including in penitentiary establishments. However, regardless of the difficulties faced at any
given time, the act of depriving a person of his liberty always entails a duty of care which
calls for effective methods of prevention, screening, and treatment. Compliance with this duty
by public authorities is all the more important when it is a question of care required to treat
life-threatening diseases.
The use of up-to date methods for screening, the regular supply of medication and
related materials, the availability of staff ensuring that prisoners take the prescribed medicines
in the right doses and at the right intervals, and the provision when appropriate of special
diets, constitute essential elements of an effective strategy to combat the above-mentioned
diseases and to provide appropriate care to the prisoners concerned. Similarly, material
conditions in accommodation for prisoners with transmissible diseases must be conducive to
the improvement of their health; in addition to natural light and good ventilation, there must
be satisfactory hygiene as well as an absence of overcrowding.
Further, the prisoners concerned should not be segregated from the rest of the prison
population unless this is strictly necessary on medical or other grounds. In this connection, the
CPT wishes to stress in particular that there is no medical justification for the segregation of
prisoners solely on the grounds that they are HIV-positive.
In order to dispel misconceptions on these matters, it is incumbent on national
authorities to ensure that there is a full educational programme about transmissible diseases
for both prisoners and prison staff. Such a programme should address methods of
transmission and means of protection as well as the application of adequate preventive
measures. More particularly, the risks of HIV or hepatitis B/C infection through sexual
contacts and intravenous drug use should be highlighted and the role of body fluids as the
carriers of HIV and hepatitis viruses explained.
It must also be stressed that appropriate information and counselling should be
provided before and - in the case of a positive result - after any screening test. Further, it is
axiomatic that patient-related information should be protected by medical confidentiality. As
a matter of principle, any interventions in this area should be based on the informed consent
of the persons concerned.
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