CAT/OP/PER/1/Add.1
tuberculosis in Peru 45 has been adopted. The Act provides that when persons
deprived of their liberty 46 are diagnosed with tuberculosis, the Ministry of Justice,
through the National Prison Institute and in coordination with the Ministry of
Health, will implement the health strategy for the prevention and control of
tuberculosis in accordance with the Multisectoral National Plan against Tuberculosis
in the health centres of the prisons of Peru.
61. The aforementioned Act establishes that persons with tuberculosis are entitled
to comprehensive, 47 continuous, permanent and free health care provided by the
State, in all health facilities that it runs or manages, or in which it has a direct or
indirect stake, and to temporary health cover, as required.
62. It is therefore provided that the Ministry of Justice, 48 through the National
Prison Institute, will determine the location or relocation of persons affected by
tuberculosis in prisons. One of the criteria will be the availability of medical
treatment for tuberculosis; the prisons of Peru will establish special facilities to
house prisoners affected by tuberculosis in any of its clinical forms, for the duration
of their medical treatment, and will provide infection control measures for the
persons visiting them.
63. It should be noted that in Huaral prison, an area has been equipped for the
admission and treatment of prisoners with tuberculosis, comprising a hospitalization
room, a room for storing and sterilizing instruments, a pharmacy, a laboratory, an
area for preparing cultures, a nursing station, a consulting room and a first aid
station, in order to provide appropriate facilities for the recovery of prisoners. 49
64. In turn, Legislative Decree No. 1325 established that the vulnerable prison
population should receive specialized and comprehensive treatment, particularly for
reasons of gender identity, sexual orientation and ethnicity. Such treatment should
also be provided to female prisoners, their minor children, prisoners who are
addicted to drugs, foreign prisoners, elderly prisoners and prisoners with
disabilities. 50
65. With regard to medical confidentiality, General Health Act No. 26482 51
provides that any information relating to a medical act that is carried o ut is
confidential. Accordingly, any health care professional, technician or assistant who
provides or discloses, by any means, information relating to a medical act in which
he or she was involved or of which he or she is aware will incur civil or crimina l
liability, as the case may be, without prejudice to the penalties that apply under the
relevant codes of professional ethics. 52
3.2.3
Registers
66. In paragraph 61 of the Subcommittee’s report, the Subcommittee
recommended, inter alia: (a) establishing a uniform, computerized register for the
whole country that contains information on admissions, releases, disciplinary
measures, judicial decisions and other relevant data on the situation of persons
deprived of their liberty; (b) ensuring that clinics and first aid stations maintain
records of all medical interventions; and (c) creating a central database containing
__________________
45
46
47
48
49
50
51
52
V.17-05867
Congress of the Republic, article 1 of Act No. 30287, El Peruano (Official Gazette) (14
December 2014).
Article 25 of Act No. 30287.
Article 3 of Act No. 30287: “Comprehensive health care includes promotion, prevention,
diagnosis, treatment, rehabilitation and specialized care, as required by the patient, and other
services that may be incorporated into the national technical regulation. ”
Ibid., article 26.
National Prison Institute, Official Letter No. 377-2017-INPE/04 of 16 June 2017, p. 59.
Executive branch of government, article 3 (3) of Legislative Decree No. 1 325.
Congress of the Republic, article 25 of Act No. 26842, entitled the “General Health Act”, El
Peruano (Official Gazette) (20 July 1997).
Ibid.
11/27
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents