EXECUTIVE SUMMARY
Chapter 1 – Introduction to the Right to Health in Prison
International frameworks and guidelines from the United Nations (UN) and the
World Health Organization (WHO) specify that prisoners should receive health
care equivalent to that available in their community, without discrimination
based on their legal situation. Prisoners are known to be a population with many
chronic and complex health and mental health conditions, and prison provides an
opportunity for these health issues to be reviewed.
However, since its establishment in 1999, the Human Rights Commission of
Malaysia (the Commission) which has been visiting places of detention on a
regular basis, as part of its mandate, has over the years observed that there is
much room for improvement with regard to the provision of health care in prison.
The Commission’s thematic study that is in line with the aim of the Prisons
Department of Malaysia to improve the overall standards in prison by introducing
the concept of Healthy Prison Transformations (Penjara Sejahtera), is therefore
based on the following objectives:
i. To improve overall understanding of the extent of the health needs among
Malaysia’s prisoners.
ii. To support the prison authorities and Government in improving public health
by first addressing the health situation and health care in prisons.
iii. To strengthen respect for human rights and to improve the provision of
healthcare in prisons.
iv. To identify steps that the prison authorities can take to reduce public health
risks from imprisonment.
v. To promote the health of prisoners, as well as prison staff and their families.
vi. To work towards ensuring that the prison condition in Malaysia are
constitutional and consistent with health, safety, and human dignity in order
to achieve a criminal justice system that respects individual rights.
The Commission’s nationwide survey included both qualitative (interviews) and
quantitative studies on prisoners’ health and health care in prisons. The scope of
the questions included demographic data, information about the health status,
access to health care services in prisons and knowledge about the right to health
in prisons.
The aim of the survey was not restricted to obtaining information, but also to
promote and educate all respondents about their right to health, as well as to raise
public awareness on this right.
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