A Monitoring Guide
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Initial medical and psychological screenings upon admission are essential to identify and properly address the healthcare needs of all
detainees, and in particular those with special medical needs. The
Nelson Mandela Rules’ requirement that the information entered in
prisoner file management systems shall enable the determination
of a detainee’s “unique identity, respecting his or her self-perceived
gender” (Rule 7(a)) should be understood as ensuring that the special needs of trans detainees are taken into consideration from the
outset of their detention.
LGBTI detainees, and in particular trans detainees, often have special medical needs, including due to a higher incidence of comorbidity and past trauma. Prison healthcare should provide mental
health counselling, which is particularly important for LGBTI
detainees who have experienced sexual violence and other forms of
abuse and trauma. Evidence suggests that LGBTI detainees may have
heightened needs for mental health support. It is important that
initial screenings are conducted in full confidentiality, by qualified
health care personnel.
Prevention of sexually transmitted diseases and infections
In most places, the rate of HIV/AIDS tends to be higher in prisons
than in the outside population, especially where a significant percentage of detainees are incarcerated for drug-related offences.
Women are reported to face higher risks of entering prison with
an STI, including HIV/AIDS. Sexual intercourse among detainees is
prohibited in many contexts (or tolerated if it is invisible), but this
prohibition does not typically prevent sexual activity from occurring. The concealment of sexual activity furthermore makes it nearly
impossible to differentiate consensual from coerced sexual activity. The prevailing taboos surrounding sexuality in prisons not only
aggravates the invisibility of victims of sexual violence, but also
contributes to the spread of STIs, including HIV/AIDS and hepatitis.
Prison dynamics can be conducive to forms of sexual interactions
that increase the risk of transmission, in particular when detainees
Chapter III
available in the community (the principle of equivalence of care). In
practice, however, prison health services tend to be inferior or outrightly poor, with the healthcare needs of detainees being regarded
as unnecessary luxuries.
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