CHAPTER 8. HEALTH SCREENING FOR ALL NEW PRISONERS OBJECTIVE The objective of this chapter is to underline that a prisoner's right to proper health care begins at the point of admission to custody. ESSENTIAL PRINCIPLES It is a basic requirement that all prisoners should be given a medical examination as soon as they have been admitted to a prison or place of detention. Any necessary medical treatment should then be provided free of charge. Prisoners should generally have the right to request a second medical opinion. BASIS IN INTERNATIONAL INSTRUMENTS Principle 24 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, which provides that detained or imprisoned persons shall be offered a proper medical examination as soon as possible after admission and that medical care and treatment shall be provided free of charge, was referred to in chapter 4 of this Manual. The need for continuing medical supervision and treatment is confirmed in rule 24 of the Standard Minimum Rules for the Treatment of Prisoners, also discussed in chapter 4. Principle 25 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that: A detained or imprisoned person or his counsel shall, subject only to reasonable conditions to ensure security and good order in the place of detention or imprisonment, have the right to request or petition a judicial or other authority for a second medical examination or opinion. IMPLICATIONS The purpose of screening new prisoners on admission is for the sake of the prisoners' health and not for the benefit of the prison authorities. Having deprived a person of his or her liberty, there is an obligation on the State to care for that person. This obligation extends to health care. A number of persons who are admitted to prison will already be suffering from some form of physical or mental illness. There is an obligation on the prison system to ensure that these illnesses are dealt with as soon as possible. In some societies there is a great reluctance on the part of judicial authorities to send women to prison. When this is done, it is sometimes justified on the basis that the woman involved is mentally unstable. Medical officers should take particular care in respect of women prisoners that there is not an improper diagnosis of mental illness. 63