THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
(2) Sick prisoners who require specialist treatment shall be
transferred to specialized institutions or to civil hospitals. Where
hospital facilities are provided in an institution, their equipment,
furnishings and pharmaceutical supplies shall be proper for the
medical care and treatment of sick prisoners, and there shall be a
staff of suitable trained officers.”
4.33 In 2007, the World Health Organisation convened a meeting in Trencín,
Slovakia, focusing on mental health in prisons. A criterion agreed there
was that: “Promoting mental health and well-being should be central
to a prison’s health care policy.122 This will address such matters as the
general prison environment, prison routines and levels of prisoner activity,
education and work opportunities, and staff prisoner relationships” (Trencín
Statement on Prisons and Mental Health [WHO, 2007]).123
4.34 While Principle 9 of the UN Basic Principles for the Treatment of Prisoners
(1990)124 states that “Prisoners shall have access to the health services
available in the country without discrimination on the grounds of their legal
situation”, Human Rights Watch has in the past commented that prisons are
usually ill-equipped to respond appropriately to the needs of prisoners with
mental illness.125
4.35 Despite the incidences of psychiatric symptoms and mental illnesses in
prisons,126 involving both prisoners and prison staff alike, there are no
standardised screening (by professionals) and management programmes
for mental health in any of the prisons in Malaysia.
4.36 Unfortunately, the Ministry of Health does not provide adequate psychiatric
services to all prisons, but occasionally, visiting psychiatric consultants
from the Ministry perform a once-a-month psychiatric assessment on a
handful of prisoners, usually decided by either prison officers or doctors,
both whom are not qualified to make such assessments.
4.37 Moreover, no separate wards are dedicated in prison to accommodate
prisoners with mental illnesses to cater for their needs. Such a setting may
in the Commission’s view favour negative consequences on prisoners’
health and prison staff attitude toward these prisoners.
http://www.commonwealthhealth.org/wp-content/uploads/2014/05/4-mental-health-care-prisons-hurd.pdf
23/2/2016
123
Accessed via http://www.euro.who.int/__data/assets/pdf_file/0006/99006/E91402.pdf on 29/2/16
124
http://www.un.org/documents/ga/res/45/a45r111.htm accessed on 23/2/16
125
https://www.hrw.org/news/2009/09/22/mental-illness-human-rights-and-us-prisons accessed on 23/2/16
126
Survey findings (see Chapter 3)
122
70
accessed on