THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
4.10 The Commission observed at the time of the survey that doctors and
medical staff employed by the Prisons Department were in a situation of
dual loyalty, whereby their primary obligation was towards the Prisons
Department (employers) rather than their patients (prisoners), as the
doctors were required to report to and receive their instructions from the
Prison authorities.
4.11 Furthermore, prison health care professionals who were at the time of the
survey working under the hierarchies of the prison authorities received
little training in medical ethics regarding health care in prison, resulting in
the prison doctors and medical staff being unable to identify potential role
conflicts.
4.12 In addition to being required to adhere to the principles outlined in
relevant World Medical Association, World Health Organization, United
Nations, and other guidelines, health professionals who are responsible for
providing health care services in prison shall act in the best interests of his
or her patient at all times.
4.13 The Commission therefore recommends that the Prisons Department
identify and arrange for programmes aimed at raising awareness on the
principles of medical ethics as well as human rights among health care
professionals in prisons and non-medical prison staff and administrators.
Communication and Language Barrier
4.14 Prison authorities should implement a system that allows prisoners to
communicate their health care needs in a timely and confidential manner to
qualified medical professionals, who should then evaluate the situation and
assess its urgency. Provision should be made for prisoners who face literacy,
language, or other communication barriers to be able to communicate their
health needs effectively. However, the Commission observed that the
prison panel doctor at the time of the survey (Kajang Prison) was not able
communicate in basic Bahasa Malaysia or English.
4.15 The Commission also observed that because of different cultural
understandings of the nature and causes of illness, some prisoners were
not able to understand the diagnosis and treatment options provided by the
doctor. While doctors in such circumstances should make every reasonable
effort to probe their patients’ understanding of their health concern and
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