clearly unjustifed. Such an approach could be considered as degrading for
both prisoners and the health‑care staf concerned.52
Professional independence of prison health‑care staf
The health‑care staf in any prison are potentially staf at risk. Their duty to
care for their patients, sick prisoners, may often confict with considerations of
prison management and security. This can give rise to difcult ethical questions
and choices. In order to guarantee their independence in health‑care matters,
it is important that such personnel are aligned as closely as possible to the
mainstream of health‑care provision in the community.
Whatever institutional arrangements are made for the provision of health care
in prison, it is essential that prison doctors’ clinical decisions are governed
only by medical criteria and that the quality and efectiveness of their work
are assessed by a qualifed medical authority.53
Doctors treating both prisoners and prison staf
There are reservations about the practice of prison doctors treating both pris‑
oners and prison staf.54 The resources allocated for medical care for prisoners
are often limited, and sharing doctors’ working time could be to the detriment
of the quality of that care. If exceptionally required by particular circumstances
in an establishment, such a dual responsibility should be accompanied by very
specifc safeguards guaranteeing an even‑handed approach. For example, it
should be stipulated beforehand what percentage of the doctors’ working time
could be devoted to staf. It is also desirable that the two stocks of medication
(for prisoners and staf respectively) be kept separate from each other. It might
even be envisaged that the doctor has two separate places for consultation.
Prisoners acting as health‑care staf
The involvement of inmates in a prison’s health‑care service should be seen as
a last resort, even when they have medical qualifcations. Prisoners should not
be involved in the performance of health‑care tasks that require specialised
training, and under no circumstances should they perform the distribution
of medicines.
52. CPT/Inf (2011)29.
53. CPT/Inf (2004)36.
54. CPT/Inf (2006)11.
Medical ethics in prison Page 25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents