Prisoners right to healthcare, a European perspective.

Eur J Health Law

European Association of Health Law.

Published: March 2013

AI Article Synopsis

  • The right to healthcare is universal, meaning it applies to everyone, including prisoners, who should receive medical care equivalent to that available in the community.
  • States have an obligation to provide proper healthcare in prisons, including harm reduction initiatives like health screenings and vaccinations, to prevent harm and unnecessary suffering among inmates.
  • Despite existing human rights protections and monitoring by organizations, prison healthcare often fails to meet required standards, highlighting the need for greater involvement from health authorities in ensuring effective care.

Article Abstract

The right to healthcare applies regardless of a person's legal status. Prisoners have a right to a healthcare equivalent to the one in the community at large: access to medical care and preventive measures of good quality and costs covered. States have a positive duty to provide for appropriate healthcare in prison, including harm reduction policies (for instance health screening, vaccination and needle exchange). Denial of access to appropriate health facilities to prisoners and other detainees is likely to result in bodily harm, unnecessary morbidity and avoidable death. Essential elements of the social right to care for the health of prisoners are protected through the positive obligations individual human rights impose on States (e.g., the right to life, the prohibition of torture, degrading treatment and punishment, the right to liberty and the right to private life). Health related human rights standards for prison healthcare have been formulated over worldwide and in Europe. The Council of Europe's Committee of Prevention of Torture monitors the situation of prisoners in Member States. Still, healthcare for prisoners falls short of what is required. Prison healthcare is an essential part of public health. A major involvement of the Minister of Health is indispensable.

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Source
http://dx.doi.org/10.1163/15718093-12341251DOI Listing

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