26
The Bangkok Rules
Rule 6
Rule 24 of the SMR provides that the medical officer should see and examine every prisoner as soon as possible
after his or her admission and thereafter as necessary, with a view particularly to the discovery of physical or
mental illness and the taking of all necessary measures. The Body of Principles for the Protection of all Persons
Under any Form of Detention or Imprisonment (Principle 24) also provides that a proper medical examination
should be offered to a detained or imprisoned person as promptly as possible after his or her admission to the
place of detention or imprisonment, and thereafter medical care and treatment should be provided whenever
necessary.
It is vital that all prisoners undergo a medical examination and health screen on entry, on an individual basis,
to ensure that the prisoner starts receiving proper treatment for any health conditions immediately. The
medical practitioner carrying out such screening should ideally be independent from the prison authorities
to ensure an impartial, objective examination report. Women prisoners, typically from economically and
socially disadvantaged backgrounds, and many women in low-income countries suffer from a variety of health
conditions which may be untreated in the community. In many countries women face additional discrimination
and barriers in accessing adequate health-care services in the community, due to their gender. Therefore
women prisoners often have greater primary health-care needs in comparison to men. For these reasons, a
comprehensive screening of women on entry to prison is vital to ensure appropriate treatment. Such screening
should be accompanied by the provision of information on primary healthcare and protection from infectious
diseases.38
Rule 6 (1)
Violence against women, especially sexual violence, has numerous short- and long-term sexual and
reproductive health consequences for women. As such, women prisoners represent a high-risk group for sexual
and reproductive health diseases. It is vital to diagnose any reproductive or sexual health diseases as early as
possible and provide appropriate treatment. As regards testing for HIV, it is essential that informed consent is
sought and secured non-coercively before HIV/AIDS testing or medical interventions are provided to prisoners
and that the process of securing consent specifically allows prisoners to refuse such testing and treatments.39
___________
Medical examinations undertaken on entry to police detention facilities need not be as comprehensive as outlined in
Rule 6, which applies primarily to pre-trial detention and prison facilities. The main purpose of medical examination in
police detention is to provide any emergency medical care necessary and prevent ill-treatment and abuse, therefore to record
the detainee’s basic medical conditions and needs, and in particular whether or not he or she had any injuries on admission.
38
UNODC, WHO, UNAIDS, HIV/AIDS Prevention, Care, Treatment and Support in Prison Settings, A Framework for an
Effective National Response, Lines, R. and Stöver, H., 2006, p. 19. See also Council of Europe, Committee of Ministers
Recommendation No. R (93) 6, Concerning Prison and Criminological Aspects of the Control of Transmissible Diseases
Including AIDS Related Health Problems in Prison, Rule 3 and CPT 3rd General Report, CPT/INF (93) 12, para. 55.
39
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