Correctional institutions
therapy places per quarter respectively roughly meets the above-mentioned
requirement.
Principle of equality
violated
The NPM countered this line of argumentation by stating that the therapy
programme should be based on the need. In the sense of equal treatment, it
is not understandable that treatment is only provided if the quota has not yet
been exhausted.
In this context, reference had to be made to recent recommendations of the
CPT. The most recent visits in England and Georgia had thus indicated that
sufficient DAA therapies were offered there quickly (CPT/Inf [2019] 29 margin
116 “rapid”; CPT/Inf [2019] 16 margin 83 “available”). If Austria does not
want to fall behind internationally, all patients should be offered therapies for
this reason alone.
WHO also recommends
DAA therapies
The WHO also emphasises this when it states that all persons with chronic
HCV should be treated. Generally speaking, the WHO recommends applying
the DAA-based regime for the HCV therapy (Stöver/Keppler, Elimination von
Hepatitis-C-Infektionen in Gefängnissen, Praxis-Report 2018, p. 8 et seq.).
X
After diagnosis, all persons with chronic HCV infection should quickly receive an
interferon-free combination treatment with direct antiviral agents.
X
Issuing medication based on a quota is contrary to the principle of equality and a
violation of the equivalence principle.
2.5.6
Women in prison
2.5.6.1 Inmates housed in shared accommodation in women‘s section Vienna-Josefstadt correctional institution
Standards as
benchmark
“Minimum standards for women detained in Austrian correctional
institutions” (“Mindeststandards für den Frauenvollzug in österreichischen
JA”) were enacted by the Federal Ministry of Justice in spring 2016 (Federal
Ministry of Justice GD41750//0008-II 3/2015). These contained guidelines for
the placement and care of female detainees awaiting trial and convicts. Prison
for women shall thus be in shared accommodation as a matter of principle.
The NPM criticised several times that just one out of three departments in
the women’s section of Vienna-Josefstadt court prison was run as a shared
accommodation, and this only partly so (see NPM Report 2017, pp. 117 et
seq. with further references). In reaction to this criticism, an area for shared
accommodation was set up in all three women’s departments of ViennaJosefstadt correctional institution.
119
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