ments with drugs; to this end, to ensure that particular attention is paid to the
analysis of the use of drugs in the previous period and these results are taken
into account both during the wholesale purchase of drugs and when supplying
a particular penitentiary establishment.
3.9.4. ACCESSIBILITY AND QUALITY OF MEDICAL SERVICES
3.9.4.1. Accessibility of Doctors and Helping Staff
Under Article 12.1 of the International Covenant on Economic, Social and Cultural Rights,
the States Parties to the present Covenant recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.278 In accordance
with CESCR General Comment No. 14, the right to health contains the following four elements: availability of medical services in sufficient quantity; accessibility of medical services; acceptability of medical services; and quality medical services.279
These principles equally apply to all those persons in custody. The persons deprived of
their liberty maintain their fundamental rights related to health. A prison health care service should be able to provide medical treatment and nursing care, appropriate diets,
physiotherapy, rehabilitation or any other necessary special facility, in conditions comparable to those enjoyed by patients in the outside community.280
When a state deprives people of their liberty, it takes on the responsibility to look after
their health in terms of both the conditions under which it detains them and the individual treatment that may be necessary.281 Under the European Prison Rules, enforcement
of custodial sentences and the treatment of prisoners necessitate ensuring prison conditions that do not infringe human dignity and prepare them for their reintegration into
society.282
Under the case-law of the European Court of Human Rights,283 Article 3 of the Convention
(prohibition of torture) imposes an obligation on the State to protect the physical well-being of persons deprived of their liberty; e.g., by providing them with the requisite medical
assistance. The lack of appropriate medical care may amount to treatment contrary to
Article 3.284
278 The United Nations, International Covenant on Economic, Social and Cultural Rights, 16 December 1966.
279 Committee on Economic, Social and Cultural Rights (CESCR) General Comment No. 14: The Right to the
Highest Attainable Standard of Health (Art. 12), 11 August 2000.
280 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,
CPT Standards p. 40, para. 38, available in English at: http://agent.echr.am/resources/echr//pdf/ba2e032f91eb6673220a419b698fd89c.pdf [Last visited on 10.02.2017].
281 World Health Organisation, A WHO guide to the essentials in prison health, Health in prisons, available
in English at: http://www.euro.who.int/__data/assets/pdf_file/0009/99018/E90174.pdf [Last visited on
10.02.2017].
282 Council of Europe, Recommendation Rec (2006)2 of the Committee of Ministers to member states on the
European Prison Rules, 11 January 2006, Preamble.
283 Dybeku v. Albania, application no. 41153/06, judgment of the European Court of Human Rights of 18 December 2007, para. 41.
284 Poghosyan v. Georgia, application no. 9870/07, judgment of the European Court of Human Rights of 24 May
2009, paras. 47-49.
132
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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