guidelines governing the Unified Health System-SUS (Law 8080/90) provide that persons deprived of liberty are entitled to health
care.
98.Health care in the prison system is preventive and curative and includes medical, pharmaceutical, and dental services. In case a
criminal establishment is not properly equipped to do so, health care will be provided elsewhere under authorization by the
establishment’s director. Medical follow-up of women prisoners is ensured particularly during pregnancy and after delivery; medical
care is extended to the newborn as well.
99.To ensure the provision of health care in deprivation of liberty establishments, the Brazilian State has invested in the National
Health Plan in the Penitentiary System (PNSSP), which is undergoing revision and expansion; and in expanding the Stork Network
Program (Programa Rede Cegonha) aimed at women in the penitentiary system. The main initiatives to guarantee the rights of persons
deprived of liberty to health care are listed below, and two issues raised by the Subcommittee on Prevention of Torture will be
commented on.
(a)National health care plan in the penitentiary system
100.Inter-ministerial Administrative Rule no. 1777 issued on 9 September 2003 by the Ministry of Health and the Ministry of Justice
established the National Health Plan in the Penitentiary System, which defined strategies and lines of action for providing the prison
population with access to health.
101.At first, health care was focused on basic attention – in respect of both prevention and health promotion and investment on risk
groups – as conditions in prison units are propitious to the dissemination of infectious/communicable diseases.
102.The Federal Government provides the states and the Federal District with funds to implement basic health units in prison
establishments. Between January 2004 and July 2012, a total of 269 health teams were formed in 242 criminal establishments, at a
cost of approximately R$50 million. Specifically in the states visited, eight were formed in Goiás, eight in Espírito Santo, 33 in Rio de
Janeiro, and 77 in São Paulo.
103.This way PNSSP has ensured health coverage for 30.69 per cent of the prison population (CNES/DATASUS/May 2012). To
expand coverage, in April 2012 the Federal Government set up an Inter-ministerial Work Group to revise the Plan, with a view to
launching the National Health Policy in the Prison System still in 2012.
104.This policy will establish guidelines for the provision of health care to inmates, more consistent with international norms and with
human rights, to cover all persons deprived of liberty. It should be noted that, in line with the National Basic Care Policy (PNAB), the
policy will significantly increase financial recourses for maintaining, building, and equipping units, directly involving the municipalities
and ensuring the transfer of funds for the implementation of health actions in the prison system.
105.It is also worth mentioning that since 2006 the Ministry of Justice has equipped 258 basic units (22.20 per cent of the
penitentiaries, public jails, and custody hospitals in the country). By 2014, thanks to a revised and comprehensive PNSSP and also a
larger budget, improvements will be ensured through requalification of health units and expansion of the care system, under the
Ministry of Health’s “Project on Extending Health Care to the Family.” It should also be noted that the Penitentiary System’s Master
Plan monitors the actions of the states and the Federal District in relation to health in the penitentiary System.
(b)Policies on the provision of health care to incarcerated women
106.Women serve their sentences in appropriate establishments, where duties and rights inherent to their personal condition are
observed. According to the last survey, done by the National Penitentiary System in December 2011, there were 34,058
incarcerated women, approximately 6.0 per cent of the total prison population. Units for this group should take into account the
peculiarities of women’s health care on the basis of National Public Health System (SUS) guidelines and principles.
107.The PNSSP calls for the provision of low-risk and high-risk pre-natal care for pregnant women in all penitentiary units, including
care of complications and delivery. There are currently teams in units capable of providing care to 7,500 women.
108.To improve the provision of health care to incarcerated women, the BrazilianState is extending the Stork Network Program to
the penitentiary system, as well as investing in female units.
109.The Stork Network Program, introduced on 14 March 2011, calls for an investment of R$9.4 billion for providing safe,
humanized cared to mother and child. This way, 62 million Brazilian women in fertile age will have access to speedy pregnancy tests
in health centers; if tested positive, women will be entitled to at least six pre-natal consultations, to clinical and lab tests, to a qualified
health professional, and to full health care for the child up to 24 months, among other benefits.
110.This programme has been implemented in all states and the Federal District and has already yielded positive results; by July
2012, it had benefitted 1.4 million pregnant women in 2,600 cities.
111.Under partnerships with the states and municipalities, the Stork Network is being extended to women’s penitentiary units.
Incarcerated pregnant women receive the assistance of Institutional Thematic Supporters and Institutional Service Supporters,
professionals that form part of the “Comprehensive Support” strategy, as well as matrix consultants with expertise in comprehensive
care of mother and child. These professionals may be called upon to act by the Prison System teams through the Stork Network’s
State Leading Group, to support the change of practices in connection with the Prison System and with adaptation of the
environment.
112.It should be recalled that the vacancies created under the National Program in Support of the Prison System should follow the