THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
25. (1) The medical officer shall have the care of the physical and mental
health of the prisoners and should daily see all sick prisoners, all who
complain of illness, and any prisoner to whom his attention is specially
directed.
(2) The medical officer shall report to the director whenever he considers
that a prisoner’s physical or mental health has been or will be injuriously
affected by continued imprisonment or by any condition of imprisonment.
26. (1) The medical officer shall regularly inspect and advise the director
upon:
(a) The quantity, quality, preparation and service of food;
(b) The hygiene and cleanliness of the institution and the prisoners;
(c) The sanitation, heating, lighting and ventilation of the institution;
(d) The suitability and cleanliness of the prisoners’ clothing and
bedding;
(e) The observance of the rules concerning physical education and
sports, in cases where there is no technical personnel in charge of
these activities.
(2) The director shall take into consideration the reports and advice that
the medical officer submits according to rules 25 (2) and 26 and, in case
he concurs with the recommendations made, shall take immediate steps to
give effect to those recommendations; if they are not within his competence
or if he does not concur with them, he shall immediately submit his own
report and the advice of the medical officer to higher authority.
2.31 The Prison Act 1995 consolidates the duties and procedures related to
prisons, prisoners and other related matters. Although the Act does not
make specific reference to health care, it prescribes the appointment of
Medical and Dental Officers for prisons.
2.32 Sections 14 (1) and (2) of the Act state that the Minister charged with
the responsibility for health services shall, whenever the circumstances
permit, appoint from the staff of the Ministry of Health a Medical Officer
and a Dental Officer for each prison and if the circumstances do not
permit an appointment under subsection (1), the Minister charged with
the responsibility for health services may appoint any registered medical
practitioner or any registered dentist to be the Medical Officer or Dental
Officer of any particular prison.
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