NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2017
86
Annex
The role of medical personnel
in places of detention
– ethical dilemmas, dual loyalty and the
importance of international standards
Presented as the Keynote Address at the Norwegian Parliamentary Ombudsman’s
Human Rights Seminar in Oslo, 26 October 2017
By Dr. Jörg Pont, Vienna, Austria
The normative basis for providing healthcare in prisons
and any other places of detention can be outlined as:
››The right of everyone, including detained individu-
als, to the highest attainable standard of physical
and mental health according to the International
Covenant on Economic, Social and Cultural Rights
from 19661 ;
››The stipulation that persons deprived of their
liberty retain all rights that are not lawfully taken
away from them according to the European Prison
Rules2 ; and
››Based on WHO statements
that Prison Health is
an important part of Public Health.
3,4
Considering these clear basic norms, one might wonder why there is any need for additional considerations,
rules and documents on healthcare ethics in prison
in addition to the general healthcare ethics. However,
providing healthcare in prison and other places of
detention has some peculiarities that are typical for
this setting and that pose particular challenges, as
described below.
The role of medical personnel in providing
healthcare in prison
Firstly, as a rule, the detained individual cannot choose
his/her healthcare providers and the health of inmates
is therefore the responsibility of the state, which, legally
and/or de facto, took away their liberty of movement.
Secondly, in prisons and other places of detention, two
completely different tasks have to be performed by
two different professional groups under the same roof:
1 United Nations: International Covenant on Economic, Social and Cultural Rights. http://www.ohchr.org/EN/ProfessionalInterest/
Pages/CESCR.aspx
2 European Prison Rules 2006, Council of Europe Publishing. http://www.coe.int/t/dgi/criminallawcoop/Presentation/Documents/
European-Prison-Rules_978-92-871-5982-3.pdf
3 WHO, Moscow Declaration on Prison Health as Part of Public Health, 2003. http://www.euro.who.int/en/health-topics/healthdeterminants/prisons-and-health/publications/pre-2005/moscow-declaration-on-prison-health-as-part-of-public-health
4 WHO, The Madrid Recommendation, 2010 http://www.euro.who.int/__data/assets/pdf_file/0012/111360/E93574.pdf?ua=1
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