THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
place and prison doctors should hold responsibility for the organisation
and maintenance of medical files of all prisoners under their care.115 In
this regard, the principle of equivalence of care requires prison health‑care
professionals to establish and maintain a medical record file for each
prisoner.116
4.19 Respect for confidentiality is vital in guaranteeing an atmosphere of trust,
which is necessary for the doctor–patient (prisoner) relationship. While it
should be the duty of the doctor to preserve such a relationship and to decide
how to observe the rules of confidentiality, the Commission observed that
some prison doctors failed to meet these basic ethical standards.
(ii)
Medical Services
Adequate facilities, equipment, and resources
4.20 According to the American Bar Association Criminal Justice Standards
on the Treatment of Prisoners,117 hospitals (sick bays) and infirmaries
operated by or within prisons should meet the licensing standards applicable
to similar, non-prison hospitals or infirmaries.
4.21 In general, the Commission observed that prisoners who require inpatient
care, on the recommendation of the prison doctor will be admitted to the
prison sick bay. Although most prisons had sick-bay facilities, there were
prisons that did not enjoy such facilities. As a result, sick prisoners remained
in their cells, possibly risking disease exposure to other prisoners.
4.22 The Commission takes note of the feedback from the Prisons Department
of Malaysia in that the sick bays in prison are insufficient to meet their
demands.
PRISON HEALTH CARE AND MEDICAL ETHICS: A manual for health-care workers and other prison staf with
responsibility for prisoners’ well-being by Andres Lehtmets and Jörg Pont. Accessed via http://www.coe.int/t/dgi/
criminallawcoop/Presentation/Documents/Publications_HealthCare_manual_Web_A5_E.pdf on 19/2/2016.
116
The file should contain a full medical history, the results of the medical examination on admission, all available medical
records related to the patient, including all consultations at the patient’s request, with the doctor’s findings, advice and
treatment given.
117
Standard 23-6.6 of the ABA CRIMINAL JUSTICE STANDARDS ON THE TREATMENT OF PRISONERS 2010 accessed
via http://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/treatment_of_prisoners_
commentary_website.authcheckdam.pdf on 1/3/16
115
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