Healthcare provisions
All those in detention are entitled to the highest attainable standard of health, and the
healthcare they receive in detention should be of the same standard as that in the outside
329
community. The UN Nelson Mandela Rules state explicitly that all medical ethics are
applicable in prison healthcare provision. The Rules also reiterate the absolute prohibition
of torture or other ill-treatment by healthcare staff and their obligation to document
330
and report cases they become aware of. There are concerns that (suspected) violent
extremist prisoners are not always afforded the same quality of medical care as others,
on discriminatory grounds or because of the (presumed) security risks posed. Due to their
specific health-care needs, such policies may affect women disproportionately. The same
331
may affect others who have specific (and in many cases greater) medical needs.
The UN Nelson Mandela Rules provide for full confidentiality of medical examinations,
332
files and medical information, unless this would result in a real and imminent threat
333
to the patient or to others. Failure to observe this rule may undermine trust between
334
healthcare professionals and prisoners.
Reported practices regarding (suspected) violent extremist prisoners or high-security
prisoners have included the presence of prison staff (including of the opposite sex) in the
335
room where medical examinations took place or the visual monitoring (without hearing) of
329 UN Nelson Mandela Rules, op. cit., note 13, Rules 24-25, 27; General Comment No. 14: The Right to the
Highest Attainable Standard of Health (Art. 12), Twenty-second Session of the Committee on Economic,
Social and Cultural Rights, 11 August 2000, E/C.12/2000/4; UN General Assembly, Resolution 37/194,
“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,” 18 December 1982, Principle 1.
330 For detailed information on healthcare in prisons, advisory duties of healthcare personnel, documenting
and reporting signs of torture, ethical and professional standards and medical files, see ODIHR & PRI,
Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 6.
331 One example was given by the French NPM, who reported that a woman in a temporary detention facility
at Fleury-Mérogis, admitted on terrorist offences, gave birth in an extremely strained atmosphere, including
between the medical and prison teams, particularly because of the security conditions that were deemed
necessary to apply around her: « Le Contrôleur general des lieux de privation de liberté: Annual report
2017 », p. 89.
332 UN Nelson Mandela Rules, op. cit., note 13, Rules 31 and 26.
333 Ibid., Rule 32.1.c. The principle of medical confidentiality is a fundamental tenet of medical practice and
must be applied with the same care in prisons as in the general community. This is particularly important
given the high risk of abuse, stigmatization and discrimination that prisoners may face if their medical or
mental health condition is known to others. Detailed and accurate medical files are essential for ensuring
continuity of treatment, including in cases where prisoners are transferred and released, see ODIHR & PRI,
Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 6, paras. 123-125.
334 See also 2.3 on the misuse of rehabilitation and reintegration programmes for intelligence gathering.
335 Report to the Italian Government on the visit to Italy Carried Out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 12 to 22 March
2019, para. 56 and: “75. Once again, the CPT’s delegation found that there was a total lack of confidentiality
of medical consultations of prisoners in all the establishments visited. As mentioned in paragraph 14,
several inmates who had been victims of alleged ill-treatment told the delegation that the presence of
prison officers during their medical examinations discouraged them from recounting what had actually
happened. At the same time, several prison officers told the delegation that they believed that it was an
integral part of their work to protect health-care staff from potential aggression by inmates.”
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