THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
Background to the Commission’s Thematic Study
1.4 The health of prisoners should not deteriorate as a consequence of
imprisonment.
1.5 According to the World Health Organisation (WHO), the enjoyment of the
highest attainable standard of physical and mental health is a fundamental
human right without discrimination.3As such, prisoners enjoy the same
health care rights as all other people. This includes the right to humane
treatment and appropriate medical care. However, prisoners usually suffer
a disproportionate burden of health problems as their health needs are often
neglected,4 arguably due to their status.
1.6 Prisons can be breeding grounds for infections and diseases. Overcrowding,
lengthy confinement within enclosed, poorly lit, poorly ventilated and
humid spaces are among the conditions associated with imprisonment,
which contribute directly to the spread of diseases. Furthermore, where
these factors are combined with poor sanitation, insufficient nutrition and
limited access to satisfactory health care, prisons may represent a major
public health challenge.
1.7 Not only is an infectious prisoner a risk to other prisoners, he is also a risk
to prison staff, relatives, other prison visitors and consequently, the wider
community.
1.8 The most effective way of reducing disease transmission in prison is to
therefore improve the prison environment, by first putting together an
efficient medical and healthcare service that is capable of detecting and
treating various diseases.
Constitution of The World Health Organization: “The enjoyment of the highest attainable standard of health is one of the
fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”
4
http://www.who.int/topics/prisons/en/ accessed on 26/2/16
3
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