The right to health of prisoners in international human rights law

Abstract

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

Workplace abuse among correctional health professionals in New South Wales, Australia

“…Such impediments to the delivery of high quality healthcare are problematic because inmates have a right to a standard of care that is comparable to that available in the general community, 35 particularly as many inmates enter gaol with pre-existing, often complex health problems. [27][28][29] Incarceration provides an opportunity to address these health problems before inmates are returned to the community.…”

Confronting the HIV, Tuberculosis, Addiction, and Incarceration Syndemic in Southeast Asia: Lessons Learned from Malaysia

“…Within the previous 6 months, 44.1% (95%CI: 39.6-48.7) had been in jail, 13.9% (95% CI: 10.9% - 17.2%) had been to prison, and 3.1% (95% CI: 1.5-4.8%) had been detained in a CDDC (Bazazi et al 2015b; Vijay et al 2015). Incarceration of PWID (many of whom are HIV-infected and medically underserved) results in an ethical and legal mandate to provide necessary and decent care (Lines 2008) including the following evidence-based interventions: 1) access to condoms and deterrents to sexual assault; 2) needle and syringe programs; 3) bleach and decontamination strategies; and 4) OAT as part of addiction treatment (Jürgens et al 2009; United Nations Office on Drugs and Crime (UNODC) 2012; United Nations Office on Drugs and Crime (UNODC) 2013). …”

Health, Well-being, and Social Indicators Among Monks, Prisoners, and Other Adult Members of an Open University Cohort in Thailand

“…Providing health care is challenging in a prison which is designed for correction and rehabilitation, but this does not have to conflict with the aims of providing basic physical and mental health care (Arnold 2009; Lines 2008; Watson et al 2004). The physical health problems noted among prisoners in our study are all amenable to prevention and treatment.…”