THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
health care provided to other prisoners, which should be equivalent to that
in the community.
4.60 The principles contained in the United Nations Convention on the Rights
of Persons with Disabilities adopted on 13 December 2006, apply to all
persons with disabilities, including those facing criminal prosecution,
detainees and prisoners:
Convention on the Rights of Persons with Disabilities
Article 1 - Purpose
The purpose of the present Convention is to promote, protect and ensure the
full and equal enjoyment of all human rights and fundamental freedoms by
all persons with disabilities, and to promote respect for their inherent dignity.
Persons with disabilities include those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers
may hinder their full and effective participation in society on an equal basis
with others.
Article 12 - Equal recognition before the law:
1. States Parties reaffirm that persons with disabilities have the right to
recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal
capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons
with disabilities to the support they may require in exercising their legal
capacity.
4. States Parties shall ensure that all measures that relate to the exercise of
legal capacity provide for appropriate and effective safeguards to prevent
abuse in accordance with international human rights law. Such safeguards
shall ensure that measures relating to the exercise of legal capacity respect
the rights, will and preferences of the person, are free of conflict of
interest and undue influence, are proportional and tailored to the person’s
circumstances, apply for the shortest time possible and are subject to
regular review by a competent, independent and impartial authority or
judicial body. The safeguards shall be proportional to the degree to which
such measures affect the person’s rights and interests.
Article 25 – Health:
States Parties recognize that persons with disabilities have the right to the
enjoyment of the highest attainable standard of health without discrimination
on the basis of disability. States Parties shall take all appropriate measures to
ensure access for persons with disabilities to health services that are gendersensitive, including health-related rehabilitation.
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