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The term was defined in 1982 in the UN Principles of
Medical Ethics Relevant to the Role of Health Personnel in the Protection of Prisoners20: ‘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,’ and, expressed in fewer
words, in the CPT Standards21: ‘A prison doctor acts
as a patient‘s personal doctor’.
—
A prison doctor
acts as a patient‘s
personal doctor.
—
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2017
In order to reduce the risk of dual loyalty, two steps are
essential. Firstly, the uncompromising separation of
medical roles in prison, i.e. health professionals caring
for prisoners should exclusively provide care based on
professional independence. Medical functions in the
interest of the state, prosecution, court or the security
system are to be performed by health professionals
not involved in the care of prisoners. Secondly, prison
healthcare should be organised independently of
prison authorities.22
In the vast majority of European countries, prison
healthcare governance is still under the responsibility
of the same ministry that is responsible for the execution of detention or imprisonment, i.e. Ministries of
Interior or Ministries of Justice or Corrections. It stands
to reason that these administrations focus primarily
on their main tasks and have less understanding and
less expertise in healthcare issues. Norway with its
‘import model’ and the Swiss canton of Geneva were
pioneers in Europe, transferring healthcare governance
from the Ministry of Justice to public healthcare
administrations or the Ministry of Health. They were
followed by France, the United Kingdom, Iceland, the
Swiss cantons Vaud, Wallis and Neuchatel, Cyprus,
Kosovo and recently Finland. A number of other
European countries are planning such a shift or are
still in the process of transition.
20 Office of the United Nations High Commissioner for Human Rights: UN Resolution 37/194, 1982 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 http://www.ohchr.org/EN/ProfessionalInterest/Pages/MedicalEthics.aspx
21 The CPT Standards. www.coe.int/en/web/cpt/standards
22 WHO/UNODC. Good governance for prison health in the 21st century. A policy brief on the organization of prison health www.
unodc.org/documents/hiv-aids/publications/Prisons_and_other_closed_settings/Good-governance-for-prison-health-in-the-21stcentury.pdf
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