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facilitating and monitoring the implementation of the related international treaties. 104 Since this
obligation of mine is relevant to performing tasks related to the NPM as well, the visiting delegations
pay special attention to the prevention of the ill-treatment of women, young adults, homosexual,
bisexual, and transgender persons, as well as persons deprived of their liberty who are in need of
medical care.
6.4. Medical care
In Hungary, “everyone shall have the right to physical and mental health.”105 All “patients have the right, within the
frameworks specified by the law, to proper medical care that is corresponding to their state of health, continuously
accessible, and meeting the requirement of equal treatment.”106
Medical services available to persons deprived of their liberty, such as medical treatment, nursing,
providing the appropriate diet, therapeutic appliances and equipment, rehabilitation or any other special
treatment, shall be provided in a way that is generally accessible to the members of society. The barrierfree access to, the furnishing and equipment of healthcare institutions, as well as the medical, nursing,
and technical staff thereof should also meet the aforementioned requirements.
6.5. Nutrition
A proper diet is an immanent element of the detainees’ right to health, guaranteed by Article XX of the
Fundamental Law. Unhealthy diets, overweight and obesity caused by sedentary lifestyle contribute to a
large proportion of non-communicable diseases, including cardiovascular diseases, type 2 diabetes, and
some cancers, which, according to the WHO’s data, together are the main killers in Europe. 107
According to the visits’ findings, the places of detention usually provide the detainees with nutrition
meeting the statutory requirements; however, the inadequate composition of the meals and the
sedentary lifestyle resulting from detention often lead to obesity and diseases caused by being
overweight. During the visits, I examine the detainees’ nutrition with the assistance of a
gastroenterologist or a dietitian.
6.6. Activities, free time
Measures aimed at counterbalancing isolation and meaningless activities caused by the deprivation of
liberty are of major importance in all detention sectors. The NPM’s inspections pay special attention to
the community, cultural, educational, and open-air programs organized by the places of detention for
the persons deprived of their liberty.
6.7. Coercive, disciplinary, and restrictive measures
Deprivation of liberty and the application of coercive and restrictive measures in themselves affect the
enforcement of fundamental rights. The risks emerging therefrom may be mitigated through the
adoption of adequate legal regulations and their appropriate implementation.
My colleagues also inquire after incidents occurred at the given place of detention and the conflict
management methods used by its personnel. They examine how the application of coercive and
disciplinary measures by the personnel against persons deprived of their liberty violating the house rules
of the given place of detention and the restrictive measures applied in health- and social care
institutions are documented. The inspection of the available documents related to the application of
coercive, disciplinary, and restrictive measures, including the notes of the health care personnel, is also
See Section 1(1)-(3) of the Ombudsman Act
See Article XX(1) of the Fundamental Law
106 See Section 7(1) of Act CLIV of 1997 on Healthcare
107 http://www.euro.who.int/en/health-topics/disease-prevention/nutrition/nutrition
104
105
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