CHAPTER 12. RESPONSIBILITIES AND DUTIES OF HEALTH-CARE PERSONNEL OBJECTIVE The objective of this chapter is to underline that the primary responsibility of doctors, nurses and all other health-care personnel working in prisons and other places of detention is to look after the health care of the prisoners. ESSENTIAL PRINCIPLES It is important that health care for prisoners be provided by at least one qualified medical officer. Medical personnel have a duty to provide prisoners and detainees with health care equal to that which is afforded to those who are not imprisoned or detained. The primary responsibility of all health-care personnel is to look after the health of all prisoners. Health personnel shall not commit or give their permission for any acts which may adversely affect the health of prisoners. BASIS IN INTERNATIONAL INSTRUMENTS The most important international provisions dealing with the responsibilities and role of prison health-care personnel are the 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. The Principles read as follows: Health personnel, particularly physicians, charged with the medical care of prisoners and detainees have a duty to provide them with protection of their physical and mental health and treatment of disease of the same quality and standard as is afforded to those who are not imprisoned or detained. [principle 1] It is a gross contravention of medical ethics, as well as an offence under applicable international instruments, for health personnel, particularly physicians, to engage, actively or passively, in acts which constitute participation in, complicity in, incitement to or attempts to commit torture or other cruel, inhuman or degrading treatment or punishment. [principle 2] It is a contravention of medical ethics for health personnel, particularly physicians, to be involved in any professional relationship with prisoners or detainees the purpose of which is not solely to evaluate, protect or improve their physical and mental health. [principle 3] 72