the medical staff working in prisons, without actually being able to consult other doctors in case
of disagreement (desire to end drug addiction progressively by means of opioid replacement
therapies, desire to obtain a non-generic medicine in order to avoid certain observed side-effects
etc.).
Autonomy in terms of health also means access to equipment and treatment. The
inspectors sometimes ascertained that individuals had limited access to treatment, due to the
organisation of movements, which made them dependent upon the prison staff in charge of
calling for them when medical consultations were scheduled.
The CGLPL recommends access to the health unit according to the two following
procedures: free access for half of the day and consultations by appointment for the other
half of the day. This organisation, already put in place in certain institutions, constitutes a
good practice and promotes personal autonomy.
The question of medical emergencies represents another difficulty in prison. When the
health unit is not freely accessible, it is incumbent upon warders to assess the level of urgency
when they are called upon for questions of a medical nature.
The CGLPL recommends that, when requests for emergency consultations with the health
unit are made to staff orally, they should be automatically granted. It recommends that,
when the medical staff working in the institution are absent and a person requests an
emergency consultation, they should be systematically placed in contact with the Centre 15
urgent medical aid service call centre, in order to explain their symptoms themselves.
The constraints inherent to prison (organisation of removal from prison for medical
consultations, possibility of following complex health procedures etc.) constitute an obstacle to
the implementation of certain choices with regard to the right to control one’s own body. This is
shown by the situation of imprisoned couples who wish to make use of medically assisted
procreation (MAP).
With regard to choices as private and important as that of conceiving a child, which come
within the right to private and family life, the CGLPL considers that it is incumbent upon
the prisons administration to take all steps in order to make such plans accessible to persons
for whom it is responsible, on the same basis as under ordinary law, under conditions
ensuring respect for the dignity of the persons concerned and proper conduct of their
medical procedures (advance scheduling or, on the contrary, sudden execution of necessary
removals from prison for medical reasons, notification of persons, limited and justified use
of means of physical restraint, absence of prison staff during medical examinations, etc.).
1.2.8 Access to Information and Legal Information and Advice
Autonomy can only be effective if individuals are aware of the rights to which they are entitled
and the duties incumbent upon them. Defence rights and the right of access to useful personal
and/or legal documents have already been addressed by the CGLPL in the Annual Reports for
the years 2012 and 2013, and in the opinion of 13th June 2013 81. It will not therefore return to this
issue here.
81
Section on access to defence rights: Page 147 et seq. of the Annual Report for the Year 2012; Section on
architecture: page 127 et seq. of the Annual Report for the year 2013. The CGLPL also stated its position on the need
to facilitate access to personal and/or confidential documents entrusted to the registry in its opinion of 13th June 2013
concerning the possession of personal documents by prisoners and their access to documents that can be made
available for discovery and inspection.
103
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