SPECIAL FOCUS
They may also operate in fear of
negative consequences, including
dismissal, if they do not comply
with requests from prison staff,
and may themselves be subjected
to retaliatory actions.
To guarantee this independence,
direct hierarchical or even
contractual relationships with
prison management should be
avoided. Irrespective of their
conditions of employment
(whether they are a civil servant,
public employee or private
contractor), medical staff should
always be independent of police
or prison authorities. The WHO
and the UNODC argue that
the best way to safeguard the
independence of healthcare staff is
to ensure that they are employed
by healthcare authorities rather
than by correctional authorities.6
Equivalence of care
Healthcare professionals have
a duty to provide equivalence
of care, meaning that they should
provide the same standard of
healthcare that a prisoner could
expect to receive in the outside
world.7 To achieve equivalence
of care, it is vitally important to
adequately resource and fund
prison health services and to
employ sufficient numbers of
suitably trained staff. This will be
possible only if salaries and terms
and conditions are attractive, in
order to recruit and retain prison
healthcare staff.
Continuity of care
Continuity of care is important,
not only on admission to prison
but also upon release, and is
generally easier to manage when
prisoners are allocated to a prison
close to their usual place of
residence. When individuals with
specific medical conditions are
released from prison, healthcare
professionals in the prison should
consider whether they need to
provide them with medication to
account for the time it may take
them to arrange further medical
consultations and receive a
regular supply of medication. The
requirement to provide continuity
of care also includes a duty to
properly manage and transfer
a prisoner’s medical files. When
a prisoner is transferred, their
medical files should be transferred
to the healthcare service of the
receiving institution and should be
subject to medical confidentiality.8
The most effective way of
ensuring continuity of care is to
assign responsibility for providing
healthcare in prisons to the
national health authority. If this
is not possible, there should be
close links between community
and prison healthcare providers.
Training
To adequately respond to
healthcare needs in prisons,
both staff and healthcare
providers may require specific
training opportunities and
support services. For example,
they should receive training on
how to report torture or other
ill-treatment within the prison
system, including in cases where
it may have occurred outside
prison and is identified upon a
prisoner’s arrival. To this end,
all healthcare staff should be
provided with a copy of the
Manual on Effective Investigation
and Documentation of Torture
and Other Cruel, Inhuman
or Degrading Treatment or
Punishment (known as the
Istanbul Protocol), and should
be trained in applying it.9 They
should also receive training on
human rights and medical ethics.
All prison staff should receive
training on first aid.10 This is
important because they are often
the first responders in the event
of an emergency health situation.
Nelson Mandela Rule 76(d) also
requires that all staff receive
training on the psychosocial
needs of prisoners and on social
care and assistance, including
early detection of mental
health conditions.
Reducing the risks
to health and
promoting well-being
Assessment
Newly arrived prisoners may have
pre-existing, untreated health
conditions and/or undiagnosed
mental health conditions. Physical
and mental health conditions
are likely to be exacerbated
by imprisonment and should
therefore be identified as soon
as possible after admission, so
that the prisoner can receive
appropriate treatment.
4 |
Initial medical screening enables
health personnel to detect and
record any injuries, including
potential signs of torture and
other ill-treatment. Access to a
medical professional as soon as
possible upon admission ensures
that prisoners with pre-existing
health conditions continue to
receive the care they need and
have access to appropriate
medication and other treatment.
Newly arrived prisoners are
unlikely to have medication with
them, or may be too disoriented
and stressed to remember to
take their medication as required.
Prison medical services may
also need time to acquire and
provide the specific type and
quantities of medical supplies
needed by individual prisoners.
Communicable diseases also
need to be identified and
treatment provided, with any
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
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