THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
(v)
Conditions of Confinement
4.101 In places of enforced confinement such as prison, access to basic
necessities and a clean and healthy environment are of primary importance
for ensuring that the prisoners remain healthy.
4.102 Article 10 of the ICCPR provides the overarching principle of respect for
the dignity and fundamental human rights of all detained or imprisoned
individuals:
“All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human
person.”
4.103 The Commission observed that the prisons department follow strictly
the provision in paragraph 2(a) of Article 10, i.e. “accused persons shall,
save in exceptional circumstances, be segregated from convicted persons
and shall be subject to separate treatment appropriate to their status as
unconvicted persons.”
4.104 With regard to the conditions of confinement, the UN Body of Principles
for the Protection of All Persons under Any Form of Detention or
Imprisonment151 states the following in Principle 6:
“No person under any form of detention or imprisonment shall be
subjected to torture or to cruel, inhuman or degrading treatment
or punishment*. No circumstance whatever may be invoked as
a justification for torture or other cruel, inhuman or degrading
treatment or punishment.”
4.105 Principle 6 explains further that the term “cruel, inhuman or degrading
treatment or punishment” should be interpreted so as to extend the widest
possible protection against abuses, whether physical or mental, including
the holding of a detained or imprisoned person in conditions which deprive
him, temporarily or permanently, of the use of any of his natural senses,
such as sight or hearing, or of his awareness of place and the passing of
time.152
151
152
http://www.un.org/documents/ga/res/43/a43r173.htm accessed on 3/3/16
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