ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
limited to the strictly necessary minimum. Medical and custodial staff will see to it that
the rights of prisoners are guaranteed as far as possible (daily walk, legal assistance,
contact with family). The quarantined sections of the prison (a cell, a section or the entire
prison) must be marked by biohazard signs (..) (such as posters and stickers) (..)266.
The Essex Group noted that the justification for isolation would have to be the same as it would be
outside of prison in order to prevent stigmatisation or discrimination.
Where there is separation, the input of additional health-care specialists will be required in order
to guarantee adequate treatment; it should be for the shortest period of time; and accompanied
by provision of information to prisoners including on the health implications of any decision to
refuse treatment. While separated, the Nelson Mandela Rules still apply fully to the prisoner.
Rule 46 provides direction on the role of health-care staff during a period of separation. Rule 42
also emphasises that ‘(g)eneral living conditions … including those related to light, ventilation,
temperature, sanitation, nutrition, drinking water, access to open air and physical exercise,
personal hygiene, health care and adequate personal space, shall apply to all prisoners without
exception’ including during any person of separation.
The Essex Group also noted that public health information should be given to staff on the particular
disease or illness that is being treated as otherwise they may be fearful or influenced by inaccurate
rumours about the disease or illness that could negatively impact on the treatment (including
segregation) of prisoners.
Fitness to Work Determinations
When determining fitness to work in Rule 30(e), the Essex Group emphasised the duty of medical
staff to make individual assessments of the prisoner’s ability to work against the nature of the work
he or she is offered in order to prevent prisoners from being assigned work that could result in
further physical or mental harm to them or others due to the nature of a particular illness. Medical
staff should read this Rule together with Rules 4(2), 5 and 96(1) which address activities such as
work, education and sport as activities in which prisoners are entitled to engage – should they so
wish on a voluntary basis - as a means of contributing to their well-being and rehabilitation as well
as Rules 97 – 103 on the terms and conditions of prison labour.
Daily Access to Prisoners
Rule 31 of the Nelson Mandela Rules requires that physicians and ‘where applicable, other
qualified health-care professionals shall have daily access to all sick prisoners, all prisoners who
complain of physical or mental health issues or injury and any prisoner to whom their attention
is specially directed’. The Essex Group noted that the access referred to in Rule 31 implies that
health-care professionals are informed of where all prisoners are. This Rule is also relevant to Rule
46 where prisoners are undergoing disciplinary sanctions as the medical staff need to know where
the prisoners are.
World Health Organization Europe, Prisons and Health (2014) chapter 8 available at: http://www.euro.who.int/__data/
assets/pdf_file/0005/249188/Prisons-and-Health.pdf
266
Penal Reform International and the Essex Human Rights Centre
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