THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT 1.9 The United Nations Basic Principles for the Treatment of Prisoners 19905 sets out that “prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation” (Principle 9, A/RES/45/111). It has also been accepted that prisoners are uniquely vulnerable members of society in that they are completely under the control of other people,6 i.e. at the mercy of prison staff. It is the prison staff who control the most basic human activities and concerns of prisoners, such as eating or sleeping, or even when they may perform their bodily functions. Furthermore, a prisoner’s access to medical facilities is fully controlled by the prison authorities. 1.10 The concept of the “right to health”, regardless of a person’s legal status, is therefore the guiding force with the aim to establishing adequate standards of health care for all, including prisoners. 1.11 The Commission’s aim is to work towards ensuring that the prison conditions in Malaysia consistent with health, safety, and human dignity in order to achieve a criminal justice system that respects individual rights. Definition of the Human Right to Health 1.12 The human right to health means that everyone has the right to the highest attainable standard of physical and mental health, which includes access to all medical services, sanitation, adequate food, decent housing, healthy working conditions, and a clean environment.7 The Constitution of the World Health Organisation (WHO) affirms that “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.” 1.13 This definition is further discussed in Chapter 2 of this Report. Adopted and proclaimed by General Assembly resolution 45/111 of 14 December 1990. Accessed via http://www.ohchr.org/ EN/ProfessionalInterest/Pages/BasicPrinciplesTreatmentOfPrisoners.aspx accessed on 17/2/2016 6 The treatment of prisoners in Africa by J. Munakukaama Nsereko. Accessed via http://web.peacelink.it/wajibu/1_issue/ p3.html on 18/2/2016 7 Article 25: Universal Declaration of Human Rights 5 4