THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT 2.42 The SMR were adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.41 It consists of 95 Articles and is divided into two parts. 2.43 A revised text of the SMR was adopted by the United Nations Crime Commission on 22 May 2015, following the agreement on a revised text by the fourth meeting of the Intergovernmental Expert Group. The “United Nations Revised Standard Minimum Rules for the Treatment of Prisoners” is now referred to as the “Mandela Rules” in honour of the late President of South Africa, Mr. Nelson Rolihlahla Mandela. 2.44 The Nelson Mandela Rules now contain a number of practical elements that provide prisoners with increased protection from torture and other illtreatment, such as a specific prohibition on the use of prolonged solitary confinement, which is defined as that exceeding 15 days.42 Balancing Security and Human Rights in Prison 2.45 Prison settings epitomise the challenges of balancing security and safety with respect for and compliance with human rights. Aspects of prison life which may pose particular challenges to the Prisons Department in terms of human rights compliance include the use of force, transport of prisoners (for example to hospital or Court), visitor contact, access to lawyers, quarantine and segregation, as well as solitary confinement. 2.46 Providing for security is fundamental in prison. However, certain security practices may limit the enjoyment of prisoners’ rights in that security concerns may be overemphasised to the detriment of the dignity of prisoners, or measures adopted in the name of security may be disproportionate to the security risk. 41 42 Accessed on 16/2/2016 via: http://www.ohchr.org/EN/ProfessionalInterest/Pages/TreatmentOfPrisoners.aspx Rule 44 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules): “For the purpose of these rules, solitary confinement shall refer to the confinement of prisoners for 22 hours or more a day without meaningful human contact. Prolonged solitary confinement shall refer to solitary confinement for a time period in excess of 15 consecutive days.” 29