Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group As it is now universally agreed that human rights are interdependent, inherent, universal, interrelated and inalienable, a violation of the right to health may impair the enjoyment of other basic human rights, such as the right to education or employment. Premised on this, the Commission in 2014 adopted ‘The Right to Health in Prison’ as one of its two thematic issues in working towards ensuring that the conditions of confinement in the country are constitutional and consistent with standards of health, safety, and human dignity in order to achieve a criminal justice system that respects individual rights. Prisoners generally suffer a disproportionate burden of health problems as their health needs are often neglected. The United Nations Basic Principles for the Treatment of Prisoners (1990) set out that “prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation” (Principle 9, A/RES/45/111). It has also been accepted that prisoners are uniquely vulnerable members of society in that they are completely under the control of other people, namely at the mercy of their jailers. The Commission takes the view that prison reforms must address the many problems currently affecting the Malaysian prison system, including: • Medical/health care in prison • Mental health care in prison • Prison conditions The numbers of prisoners who pass through the Malaysian correctional system each year is said to be increasing. The health status of prisoners is often poor and is linked to their poor socio-economic status. From the observations made by the Commission, there are high levels of mental illness, chronic and communicable diseases, and even disability among prisoners. It has also been observed that much more can be done to address the health needs of prisoners, who too often return to the community in poorer health. With the continuous interchange between prisons and the community, the health issues in prisons become issues of public health for the community at large. It may be concluded that the health of prisoners and the health of the entire community are interconnected. The health status of the correctional population therefore cannot be viewed in isolation and must be considered in light of how it affects the health of the general population, as prisoners, more often than not, return to their families and their communities. Given that incarceration is not simply a matter of crime and punishment, but also an issue of public health, the Commission takes the view that the Government, through the Prisons Department, have a responsibility to ensure that prisoners have access to health services that are broadly equivalent to those available in the community. The Commission here takes note of the Government’s feedback in the Government’s Responses to The Commission’s 2013 Annual Report which stated that apart from panel doctors, the MoH has also placed Medical Assistants in all prisons except for three throughout the country. 42