HEALTHCARE IN PRISONS
Every human being has the
right to the highest attainable
standard of physical and mental
health. When a state deprives
someone of their liberty, it takes
on the duty of care to provide
medical treatment and to
protect and promote his or her
physical and mental health and
well-being.3 This duty of care
is critical, because prisoners
have no alternative but to rely
on the authorities to promote
and protect their health.
The revised UN Standard
Minimum Rules for the Treatment
of Prisoners (known as the
Nelson Mandela Rules) 4 also
emphasise state responsibility
for healthcare and confirm that
people in prison should enjoy the
same standards of healthcare
that are available in the
community. The Rules elaborate
further on obligations relating
to prisoners’ health: people in
prison should have access to
necessary healthcare services
free of charge and without
discrimination on the grounds
of their legal status; health staff
working in prisons should have
clinical independence; continuity
in healthcare is important;
prisoners need prompt access
to healthcare in emergencies;
informed consent of the
prisoner to treatment should
Useful resources on the
right to health in prison
World Health Organization,
Moscow Declaration: Prison health
as part of Public Health, 2003.
OSCE Office for Democratic
Institutions and Human Rights
and Penal Reform International,
Guidance Document on the Nelson
Mandela Rules: Implementing the
United Nations Revised Standard
Minimum Rules for the Treatment
of Prisoners, 2018.
World Health Organization and
the International Committee for
the Red Cross, Information Sheet:
Mental Health and Prisons, 2005.
Penal Reform International, Mental
health in prison: A short guide for
prison staff, 2018.
UN Office on Drugs and Crime,
Handbook on Prisoners with
Special Needs, 2009.
UN Office on Drugs and Crime,
Handbook on Women and
Imprisonment, 2nd edition, 2014.
be obtained; and up-to-date and
confidential medical records
should be maintained and should
accompany each prisoner
on their journey through the
prison system.
In general, the provision of
healthcare in prison settings
across the world is underfunded,
understaffed and of a lower
standard than in the wider
community. Looking at the
SDGs, Goal 3 on health will
not be achieved if the right to
World Health Organization, Good
governance for prison health in the
21st century. A policy brief on the
organization of prison health, 2013.
World Health Organization, Prisons
and Health, 2014.
The Worldwide Prison Health
Research and Engagement
Network (WEPHREN) provides
a forum for all stakeholders
interested in prison health across
the world to exchange ideas and
develop collaborative, multi-centre
research. (www.wephren.org).
health for people deprived of
their liberty continues to be
deprioritised. Prison can be an
important setting for preventing
and addressing physical and
mental health inequalities among
the prison population. Identifying
and responding to ill-health
and mental health needs is a
vitally important component
of a prisoner’s journey towards
rehabilitation and reintegration
on release, which in turn can
reduce reoffending.
Provision of healthcare:
a ‘whole-of-government’
approach
Independence
of healthcare staff
The World Health Organization
(WHO) and the UN Office on
Drugs and Crime (UNODC)
state that ‘the management
and coordination of all relevant
agencies and resources
contributing to the health
and wellbeing of prisoners
is a whole-of-government
responsibility’.5 A crucial aspect
of this ‘whole-of-government’
approach is the requirement
for healthcare staff to operate
independently of the prison
administration, so that any
clinical and health assessments
of detainees are based solely
on medical criteria. This
independence is important for
prisoners so that they feel they
can trust the healthcare provider
regarding their health conditions,
and can also speak to them
openly in order to report torture
or other ill-treatment.
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
If healthcare staff are directly
employed by the prison service,
or if they appear to be overly
friendly with regular prison staff,
prisoners are unlikely to trust
them – particularly if the prisoners
have been ill-treated by prison
staff. If they are not independent,
healthcare staff may experience
a conflict of interest and feel a
greater sense of duty towards
the prison administration as
their employer, than towards
the patient.
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