THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
4.92 The Commission found a high number of non-Malaysian female prisoners
pregnant. Generally and in practice, pregnant women prisoners are
transported to the nearest Government Hospital to give birth as the prisons
are not medically equipped to safely provide such services. In Malaysia,
the prison authorities allow new-borns to remain with their mothers and
do not necessarily place them with family or in foster care immediately
or soon after birth. However, prenatal and postpartum treatment are not
necessarily available in Malaysian prisons.
4.93 The Commission advises that pregnant prisoners must be provided with
the same level of health care as that provided to women outside prison,
including access to obstetricians and gynaecologists during their pregnancy.
In addition, pregnant prisoners should have access to female medical
practitioners if requested. Similar to pregnant women, breastfeeding
women have specific health and nutrition needs that are unmet in prison.
The Commission therefore recommends that appropriate food (quantity
and quality) be provided to breastfeeding mothers.
4.94 The Commission observed that in certain prisons, the prison authorities
provided infant milk powder and other baby products and would like to
commend the prison staff for their efforts.
Children of Female Prisoners
4.95 At the outset, the Commission wishes to point out that if children are
involved, that is if their mothers are imprisoned, the child’s best interests
shall be the key determining factor in any decision made regarding their
placement.
4.96 Further, according to the United Nations Rules for the Treatment of Women
Prisoners and Non-Custodial Sanctions for Women Offenders (Bangkok
Rules) that supplements the SMR, the principle of the best interests of the
child is to be the basis for decisions to allow children to stay with their
mothers in prison (Rule 49).
4.97 Rule 50 clarifies that women prisoners who have their children with them
in prison are to be given “the maximum possible opportunities to spend
time with their children,”149 while Rule 51(2) states that the environment
149
Rule 50 of the Bangkok Rules:
“Women prisoners whose children are in prison with them shall be provided with the maximum possible opportunities to spend
time with their children.”
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