Chapter 1 Medical ethics in prison H ealth care in prison is guided by the same ethical principles as in the community. The basic principles are set by the World Medical Association Declaration of Geneva (1948, latest version in 2006), the International Code of Medical Ethics (1949, latest revision in 2006),1 United Nations General Assembly resolution 37/194 (of 18 December 1982) and Recommendation No. R (1998) 7 of the Committee of Ministers of the Council of Europe of 8 April 19982 on the ethical and organisational aspects of health care in prison. The primary task of a prison doctor and other health‑care workers is the health and well‑being of the inmates. Respect for the fundamental rights of prisoners entails the provision to prisoners of preventive treatment and health care, both equivalent to those provided to the community. Health‑care services for persons deprived of their liberty are also directly rele‑ vant to the prevention of ill‑treatment. An inadequate level of health care can lead rapidly to situations falling within the scope of the term “inhuman and degrading treatment”.3 Obliging prisoners to stay in an establishment where they cannot receive appropriate treatment due to lack of suitable facilities, or because such facilities refuse to admit them, is unacceptable. A violation of Article 3 of the European Convention of Human Rights (ECHR) was found by the European Court of Human Rights in several such situations.4 1. WMA Declaration of Geneva (1948); WMA International Code of Medical Ethics (2006). 2. UN: 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 (1982); CM: The ethical and organisational aspects of health care in prison. Recommendation R (1998) 7. 3. The European Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment (CPT) Standards 2002 (rev. 2011). 4. Khudobin v. Russia 59696/00, Mouisel v. France 67263/01, Kaprykowski v. Poland 23052/05. Page 9