THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
However, the Commission found that there were no standardised testing
procedures in place for HIV/AIDS, hepatitis B and C as well as tuberculosis
upon admission to prison. HIV testing is done upon request or suspicion
(note: compulsory testing of prisoners for HIV is unethical and ineffective,
and should be prohibited.)142
4.76 The Commission emphasises that prison administrations have a
responsibility to define and put in place policies and practices that will
create a safer environment and diminish the risk of transmission of HIV to
prisoners and staff alike.
(iv) Female Prisoners
4.77 All women have gender-specific medical requirements and need to have
regular access to specialists in women’s health care. This is true even in
prison.
4.78 By its resolution 2010/16 of 22 July 2010, the Economic and Social Council
recommended to the General Assembly the adoption of the United Nations
Rules for the Treatment of Women Prisoners and Non-custodial Measures
for Women Offenders (the Bangkok Rules) draft resolution.143 In 2011, the
General Assembly, by its resolution 65/229, adopted the Bangkok Rules,
which established for the first time standards that relate specifically to
women prisoners, offenders and accused persons.
4.79 These Rules recognise that the international law principle of nondiscrimination requires States to address the particular challenges that
women confront in the criminal justice and penitentiary systems (Rule 1).
WHO guidelines on HIV infection and AIDS in prisons. Accessed via http://www.unaids.org/sites/default/files/media_asset/
jc277-who-guidel-prisons_en_3.pdf on 23/2/16
143
Accessed via http://www.ohchr.org/Documents/ProfessionalInterest/BangkokRules.pdf on 22/2/2016.
142
82