Chapter 2 – Human Rights and Prison
Human rights are rights that people have by virtue of being human. Human
rights are based on fundamental principles such as dignity, equality, respect, and
fairness and go beyond being mere legal or political commitments. However,
as a result of the limited public education on human rights and the rights and
freedoms as contained in the Universal Declaration of Human Rights, as well as
the various other human rights treaties, many myths and misunderstandings have
sprung up about the concept of human rights, including the values it contains.
All human beings, including prisoners, have certain unalienable rights, which are
acknowledged by internationally recognised instruments. A number of human
rights have been considered so significant that they are non-derogable. This
means that they must be fully respected and protected at all times and under all
circumstances.
The right to health was first expressed in the WHO Constitution (1946) and in the
Universal Declaration of Human Rights (UDHR) 1948. Both mention about the
enjoyment of the standard health care for every human being without distinction
of race, religion, and political belief, economic or social condition.
This statement was echoed again in the International Covenant on Economic,
Social and Cultural Rights 1966 (ICESCR) which recognizes the right of
everyone to the enjoyment of the highest attainable standard of physical and
mental health.
Chapter 3 – Findings and Survey Analysis
This Chapter contains data on the health status of Malaysia’s prisoners, prison
staff and medical practitioners, including mental health, communicable diseases
and aspects of women’s health. The information, where possible, is broken down
by gender and prisoner status.
All survey respondents were selected by the Prisons Department, citing security
reasons. Distribution of the survey questionnaires was conducted in 2 stages: prison
staff and medical practitioners (stage 1); prisoners (stage 2). The respondents
self-answered the questionnaires after a briefing by the Commission. All answers
were based on the individual understanding of their health conditions.
Involving the participation of 6420 randomly selected individuals (5482 prisoners,
886 prison staff, and 52 prison medical staff) from 18 prisons in the country, the
survey was conducted to assess the health status of the prison population, and the
overall understanding of the human right to health.
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