ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
•
prisoners’ health does not deteriorate but rather treatment is aimed at recovery and
rehabilitation;
•
the prison administration always follows the medical advice and recommendations of
health-care staff;217
•
wherever possible women physicians and nurses attend to women prisoners to conduct
examinations or treatment.218
Caregiving Mission of Health-Care Staff
The Essex Group noted that Rule 25 of the Nelson Mandela Rules pinpoints caregiving as the
fundamental mission of health-care staff in prisons. The experts advised that the rest of the Rules
on health-care should be read from this starting point as it provides the framework for health-care
in prisons in line with international human rights standards and norms.219 They also pointed out that
the implementation of this fundamental mission requires states to ensure the adequate allocation
of resources to health-care in prisons.
Interdisciplinary Team
Rule 25(2) requires the health-care service within prison to comprise an interdisciplinary team,
including with expertise in psychology, psychiatry, dental care and pre- and post-natal care.220 This
is reiterated in Rule 78 of the Nelson Mandela Rules that provide that ‘[s]o far as possible, prison
staff shall include a sufficient number of specialists such as psychiatrics, psychologists, social
workers, teachers and trade instructors’.
Read together with Rule 29(1)(b) which requires provision for child-specific health-care, the
interdisciplinary team must include a child-health specialist where children are in prison with a
parent. This aligns with the UN Rules for the Treatment of Women Prisoners and Non-Custodial
Measures for Women Offenders (Bangkok Rules) which require that a child health specialist is
available ‘to determine any treatment and medical needs’221 of a child accompanying a parent.222
European Court of Human Rights, Thematic Report Health-related issues in the case-law of the European Court of
Human Rights (2015) Chapter IV. Health of Detainees. A. Introduction (p. 13) available at: http://www.echr.coe.int/
Documents/Research_report_health.pdf
217
Due to common histories of violence, including sexual violence, the need for sexual and reproductive healthcare and
due to cultural reasons it is generally acknowledged that female health-care staff should attend to women prisoners
wherever possible. Rule 10(2), United Nations Rules for Treatment of Women Prisoners and Non-Custodial Measures
for Women Offenders (the Bangkok Rules) A/C.3/65/L.5 (6 October 2010) requires that an examination is undertaken
by a woman physician or nurse if a woman prisoner requests so, unless this is not possible and the situation requires
urgent medical attention.
218
See Principles of Medical Ethics relevant to the role of health personnel, particularly physicians, in the protection
of prisoners and detainees against torture and other cruel, inhuman or degrading treatment or punishment. United
Nations General Assembly Resolution 37/194. New York, United Nations, 1982 available at: http://www.un.org/documents/ga/res/37/a37r194.htm (UN Principles of Medical Ethics)
219
UN Committee against Torture, Observations of the Committee on the revision of the United Nations Standard
Minimum Rules for the Treatment of Prisoners (SMR), 16 December 2013, UN-Doc. CAT/C/51/4, para. 24 available
at: http://www.refworld.org/docid/53429c014.html
220
Rule 9.
221
The Bangkok Rules recognise the central role of both parents and clarify that in para. 12 of the preliminary observations
that some of the rules apply equally to male prisoners and to offenders who are fathers.
222
Penal Reform International and the Essex Human Rights Centre
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