Access to a doctor
While in custody, prisoners should be able to have access to a doctor at
any time, irrespective of their detention regime. This is of particular impor‑
tance when the person has been placed in a solitary detention regime.
The health‑care service should enable requests to consult a doctor to be
met without undue delay. Outpatient treatment should be supervised
by the health‑care staf; in many cases it is not sufcient that the provision
of follow‑up care depends on a request by the prisoner. Follow‑up medical
treatment should be planned accordingly.
Access to medication
Medication should be provided to prisoners according to their state of health.
The principle of equivalence of care applies in such a case as well. The funds
allocated to prisons should be sufcient to enable medication to be provided
free of charge to prisoners who are not covered by medical insurance or do not
have the resources to pay for it themselves. There should be no interruption (in
cases of transfer from one establishment to another) to ensure the continuity
of long‑term treatments.8
1.3 Medical confdentiality
With the exception of emergencies, every medical examination/consultation
should be performed in a medical consultation room, in order to create an
atmosphere of confdence, confdentiality, privacy and dignity. Medical
confdentiality should be guaranteed and respected with the same rigour
as for the population as a whole. Prisoners should be examined individually,
not in groups. No third non‑medical persons (other prisoners or non‑medical
staf ) should be present in the examination room. Prisoners should not be
handcufed during examination/consultation and security ofcers should
stay out of earshot and out of sight during the physical examination, unless
the doctor or nurse requests otherwise on grounds of safety and security.9
In several recent CPT country visit reports, practices not complying with
these rules have been criticised.10 The European Court of Human Rights
found a violation of Article 3 of the ECHR – that is, inhuman and degrading
8. CPT/Inf (99)18.
9. CPT Standards 2002 (rev. 2011).
10. CPT/Inf (2007)47; (2008)3; (2010)1; (2011)20; (2012)17; (2012)32.
Prison health care and medical ethics Page 12
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