CHAPTER 9. THE RIGHT OF PRISONERS TO HAVE ACCESS TO HEALTH CARE OBJECTIVE International instruments protect everyone, including prisoners, against gross violations of their health and the integrity of their person. The objective of this chapter is to underline that, because people who are in custody are particularly vulnerable, there are specific international standards which protect their right to health care. ESSENTIAL PRINCIPLES All prisoners and detained persons have the right to the highest attainable standard of physical and mental health. Prisoners should have free access to the health services available in the country. Decisions about a prisoner's health should be taken only on medical grounds by medically qualified people. BASIS IN INTERNATIONAL INSTRUMENTS Article 25, paragraph 1, of the Universal Declaration of Human Rights guarantees to everyone, including prisoners: the right to a standard of living adequate for … health and well-being … including … medical care and necessary social services … In addition, article 12, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights recognizes the right to health of everyone, including prisoners. Principle 9 of the Basic Principles for the Treatment of Prisoners provides that: Prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation. Rule 22 of the Standard Minimum Rules for the Treatment of Prisoners requires: (1) … The medical services should be organized in close relationship to the general health administration of the community or nation. … Rule 23 of the Standard Minimum Rules deals with the special medical needs of women and nursing infants. This subject is dealt with in chapter 30 of this Manual. Rule 25 of the Standard Minimum Rules provides: (1) The medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed. (2) The medical officer shall report to the director when- 65