THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT 2.10 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 circumstances15. These rights are found in the International Covenant on Civil and Political Rights (ICCPR)16 and include the right to life,17 the right to be free from torture and other cruel, inhuman or degrading treatment or punishment18 and the right to be free from slavery or servitude,19 among others. In a prisoner’s situation, prisons are entrusted to ensure that none of these rights are violated at any time, under any circumstances. 2.11 In addition to non-derogable rights, prisoners also have rights as contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR),20 that provides the most comprehensive article on the right to health in international human rights law. The Right to Health under International Human Rights Law 2.12 The right to health was first expressed in the WHO Constitution (1946)21 which states that “health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.” The preamble further affirms “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without The International Covenant on Civil and Political Rights (ICCPR) allows a State to limit or suspend the enjoyment of certain rights in cases of officially proclaimed public emergencies which threaten the life of the nation. Such limitations or suspensions are permitted only “to the extent strictly required by the exigencies of the situation” and may never involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Article 4 ICCPR: 1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision. 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation. 16 Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966; entry into force 23 March 1976, in accordance with Article 49. Accessed via http://www.ohchr.org/en/ professionalinterest/pages/ccpr.aspx on 17/2/2016. 17 Article 6 (1) ICCPR: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” 18 Article 7 ICCPR: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.” 19 Article 8 ICCPR: 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. 2. No one shall be held in servitude. 20 Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966. Entry into force 3 January 1976, in accordance with Article 27. Accessed via http://www.ohchr.org/EN/ ProfessionalInterest/Pages/CESCR.aspx on 18/2/2016. Article 12(1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 21 Constitution of The World Health Organization that was adopted by the International Health Conference held in New York in 1946. The document was signed on 22 July 1946 by the representatives of 61 States and entered into force on 7 April 1948. Accessed via http://www.who.int/governance/eb/who_constitution_en.pdf on 16/2/2016. 15 14