Human Rights found a violation of Article 3 of the ECHR16 in cases of medical
interventions without the consent of the patient.
The right to consent to treatment
Every patient capable of discernment is free to refuse treatment or any other
medical intervention. Any derogation from this fundamental principle should
be in conformity with the law and only related to clearly and strictly defned
exceptional circumstances which are applicable in the community.
A very cautious approach must be followed when it comes to biomedical
research with prisoners. There is always a risk that the agreement to partic‑
ipate could be infuenced by the penal situation. Safeguards should exist
to ensure that any prisoner afected has given free and informed consent.
The rules should be the same as those prevailing in the community.
Medical consultation on admission
The importance of the medical examination on admission needs to be empha‑
sised: its main purpose is the early detection of critical health conditions which
might require immediate measures to protect the health of the new inmate and,
in cases of transmissible diseases, to protect the health of the prison population.
This is why this examination, save for exceptional circumstances, should be
carried out on the day of admission of the prisoner.17 Undue delays of medical
screening on admission18 – or their superfcial and less‑than‑comprehensive
nature19 – have been recently found by the CPT in several country visit reports.
In addition, the medical entry examination provides a key opportunity for
health‑care professionals to gain the trust of the new inmate and to deliver
information on:
X health‑care professionals’ confdentiality and professional independence,
X the rights and responsibilities of inmates regarding health,
X the organisation of health‑care services and how, when, where and from
whom to receive medical help and advice,
16. Nevmerzhitsky v. Ukraine 54825/00; Jalloh v. Germany 54810/00.
17. CPT Standards 2002 (rev. 2011).
18. CPT/Inf (2009)38; (2011)20; (2012)17; (2012)32.
19. CPT/Inf (2011)33; (2011)24; (2012)17; (2012)34.
Medical ethics in prison Page 15
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