1. The right to health care is an integral part of the duty of the authority in
ensuring full respect for the inherent dignity of human beings. This
obligation is enshrined in the United Nations Standard Minimum Rules for
the Treatment of Prisoners in principles (22) through (26) thereof; as it is
firm that the principle of medical attention and the opportunity to receive
medical care are among the rights guaranteed to every person, regardless
of their legal status. Therefore, every detained or imprisoned person must
have the opportunity to undergo an appropriate medical examination after
being detained, while ensuring the provision of medical care and proper
treatment, specialized and free treatment, whenever the need arises.
2. In the same context, Paragraph (3) of Article No (22) of the Standard
Minimum Rules for the Treatment of Prisoners, which were adopted by the
First United Nations Congress on the Prevention of Crime and the
Treatment of Offenders in 1955, indicated that every prisoner has the right
to seek the services of a qualified dental officer.
3. Viewed regardless of the legal status of a person, the right is guaranteed
under Paragraph (1) of Article No (12) of the International Covenant on
Economic, Social and Cultural Rights, which states that, “The States
Parties to the present Covenant recognize the right of everyone to
the enjoyment of the highest attainable standard of physical and
mental health.” In addition, Paragraph (2-d) of Article No (12) clarified the
measures to be taken by States parties to the present Covenant to ensure
the full exercise of this right include those necessary to “The creation of
conditions which would assure to all medical service and medical
attention in the event of sickness.” Paragraph (a) of Article No (8) of the
Constitution affirms this right and considers that “Every citizen is entitled
to health care....”.
Ninth Annual Report of the NIHR
96