SPECIAL FOCUS Endnotes All website links cited were accurate at the time of going to press in April 2018. 1 World Health Organisation (WHO), Prisons and Health, 2014. 2 UN AIDS, The Prevention Gap Report, 2016, p7. 3 Key international standards on the right to health can be found in the International Covenant on Economic, Social and Cultural Rights (1966) and UN Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art 12), adopted at the Twenty-second Session of the Committee on Economic, Social and Cultural Rights, on 11 August 2000 (Contained in Document E/C.12/2000/4). See also, the UN Basic Principles for the treatment of Prisoners; the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules); the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) and the UN Convention on the Rights of Persons with Disabilities (CRPD). 4 See in particular the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), Rules 24, 25, 27, 30, 31 and 33. 5 United Nations Office on Drugs and Crime (UNODC) and World Health Organization (WHO), Good Governance for Prison Health in the 21st Century: A policy brief on the organization of prison health, 2013, Executive Summary. 6 Ibid. 7 UN General Assembly, 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, resolution 37/194, 18 December 1982, Principle 1. 8 United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), Rule 26(2). 9 UN Office of the High Commissioner for Human Rights (OHCHR), Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (‘Istanbul Protocol’), 2004, HR/P/PT/8/Rev.1. 10 United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), Rule 76(d). 11 ‘Why Temperatures In Prisons and Jails Matter’, Vera Institute, 10 August 2018, www.vera.org/blog/why-temperatures-inprisons-and-jails-matter. 12 ‘It’s Cold as Hell’: Inside a Brooklyn Jail’s Weeklong Collapse’, The New York Times, 9 February 2019, www.nytimes.com/2019/02/09/nyregion/ brooklyn-jail-no-heat-inmates.html. 13 ‘Some Arizona Prison Logs Show Temperatures up to 119 Degrees; Others Falsified’, Prison Legal News, 3 September 2018, www.prisonlegalnews.org/news/2018/ sep/3/some-arizona-prison-logs-showtemperatures-119-degrees-others-falsified. 14 ‘Prison Tensions Risk Boiling Over As Heatwave Hits ‘Oven-Like’ Jails’, Huffington Post, 25 July 2018, www.huffingtonpost.co.uk/entry/heatwavejails_uk_5b5759fde4b0b15aba92d159. 10 | 15 ‘A place of discipline, frostbite and hard labour’, The Independent, 20 March 2013, www.independent.ie/irish-news/aplace-of-discipline-frostbite-and-hardlabour-29141778.html. 16 ‘Heat: the next big inequality issue’, The Guardian, 13 August 2018, www.theguardian.com/cities/2018/ aug/13/heat-next-big-inequalityissue-heatwaves-world. 17 United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), Rules 13,19, 35 and 42. 18 Council of Europe, Recommendation of the Committee of Ministers to member states on the European Prison Rules (European Prison Rules), Article 18(1), June 2006. 19 European Court of Human Rights, Ananyev and Others v Russian Federation, Application nos. 42525/07 and 60800/08, 10 January 2012. 20 World Health Organisation (WHO), Data and Statistics, www.euro.who.int/en/healthtopics/health-determinants/prisons-andhealth/data-and-statistics. 21 The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), Rule 18. 22 World Health Organisation (WHO), Prisons and Health, 2014, p161. 23 ‘The Hidden Impact of Period Poverty in Prisons’, Lunapads, 12 December 2018, lunapads.com/blogs/all/the-hidden-impactof-period-poverty-in-prisons; ‘Home Office plans to strengthen safeguards for women in custody’, Home Office, 21 August 2018, www.gov.uk/government/news/home-officeplans-to-strengthen-safeguards-for-womenin-custody. 24 World Health Organisation (WHO), Prisons and Health, 2014, p160. 25 The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), Rule 15. 26 World Health Organisation (WHO), Prisons and Health, 2014, p160; Penal Reform International, Women in criminal justice systems and the added value of the UN Bangkok Rules, 2015, p4. 27 International Drug Policy Consortium, Taking Stock: A Decade of Drug Policy: A civil society shadow report, 21 October 2018, p48. 28 The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), Rule 15. 29 In line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), Rule 24 and The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), Rule 62. 30 For example, one Canadian study found that women offenders who were released and who did not participate in a drug treatment programme were 10 times more likely to return to prison within one year than the prisoners who did participate; Flora I. Matheson, Sherri Doherty and Brian A. Grant, ‘Community-based aftercare and return to custody in a national sample of substanceabusing women offenders’, American Journal of Public Health, Volume 101, Issue 6, June 2011, p1129. 31 World Health Organisation, Prisons and Health, 2014, p161. 32 Penal Reform International submission to OHCHR call for inputs: Mental health and human rights, Written submission from Penal Reform International, p5. 33 Brenda J van den Bergh et al, World Health Organisation (WHO), Women’s health in prison: urgent need for improvement in gender equity and social justice, June 2009. 34 United Nations Office on Drugs and Crime, Handbook on Women and Imprisonment, 2nd edition, with reference to the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, March 2014, p7. 35 Penal Reform International, Mental health in prison: A short guide for prison staff, April 2018, p12. 36 Penal Reform International, Safeguarding Children in Detention: Independent Monitoring Mechanisms for Children in Detention in MENA, 2011, p55. 37 The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), Rules 9 and 51. 38 World Health Organisation, Prisons and Health, 2014, p163. 39 UN Human Rights Council, Pathways to, conditions and consequences of incarceration for women, Report of the Special Rapporteur on torture, Juan Mendez, 5 March 2015, A/HRC/28/68, para 33. 40 Ibid. 41 For example, a review of research found that post-traumatic stress disorder affected up to a fifth of prisoners, and rates of selfharm range from 7–15 per cent for men, with higher rates recorded for women, at up to 27 per cent; Dr Seena Fazel et al, ‘The health of prisoners’, The Lancet Psychiatry, Volume 377, Issue 9769, March 12 2011, pp956–965. 42 Penal Reform International, Mental health in prison: a short guide for prison staff, April 2018, p21. 43 Napaporn Havanon et al. Using Participatory Action Research to put the Bangkok Rules into practice – The Thai Prison Case study, Research under the auspices of the Inspire Project under the Initiative of HRH Princess Bajrakitiyabha, 2012, p49. 44 For more information on preventing suicide and self-harm, see: World Health Organisation (WHO), Preventing Suicide: a resource series, www.who.int/mental_ health/resources/preventingsuicide/en. 45 World Health Organisation, Preventing Suicide in Jails and Prisons, 2007, p1. 46 Sunita Stürup-Toft et al, ‘Looking behind the bars: emerging health issues for people in prison’, British Medical Bulletin, Volume 125, Issue 1, 1 March 2018, pp1-9; 2018; Mary Rogan, ‘Human Rights approaches to suicide in prison: implications for policy, practice and research’, Health & Justice, Volume 6, Issue 15, 14 September 2018. 47 World Health Organisation (WHO), Preventing Suicide in Jails and Prisons, 2007, pp7-8. 48 See: ‘Suicide in prison: a new study on risk factors in the prison environment’ PRI Blog, 13 June 2018, www.penalreform.org/blog/ suicide-in-prison-a-new-study-on-risk. 49 European Court of Human Rights, Edwards v United Kingdom, Application no. 46477/99, 14 March 2002; Keenan v United Kingdom, 33 EHRR 38, 5 April 2001 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019