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.” 86

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