PROTECTING THE RIGHT TO HEALTH OF PRISON POPULATION

Abstract

Inadequate medical assistance to prisoners can lead to situations falling within the scope of “inhuman and degrading treatment,” such treatment being prohibited under all major international human rights instruments. This article contributes towards heightened awareness about international and comparative systems for protection of the right to health of prison population. The used methodology encompasses legal and comparative analysis of international standards and of laws and practices of four European countries (Estonia, France, Slovenia and the UK).

The research findings define the right to health of prisoners, based on the following indicators: prisoners’ enjoyment of the right to health, access to prisoner’s medical information and vulnerable prison populations. Functionally connected prison health care and health authorities enhance the enjoyment of the prisoners’ right to health under equal conditions with general population. Prisoners have the right to confidentiality of medical record like the general population has. Prison authorities have a duty to care for vulnerable prison populations’ health.