Right to Medical Care in Prison - Revision history

Ibjadmin: /* International Law */

2011-03-22T10:09:41Z

International Law

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	==International Law==		==International Law==

	All people, including prisoners, have a right to certain level of health care. According to Article 12 of the International Covenant on Economics, Social and Cultural Rights, there is a universal "right to everyone to the enjoyment of the highest attainable standard of physical and mental health." <ref> Lars Moller et al., Health in Prisons: a WHO guide to the essentials in prison health.</ref>		All people, including prisoners, have a [[Rights of the Accused\|right]] to certain level of health care. According to Article 12 of the International Covenant on Economics, Social and Cultural Rights, there is a universal "right to everyone to the enjoyment of the highest attainable standard of physical and mental health." <ref> Lars Moller et al., Health in Prisons: a WHO guide to the essentials in prison health.</ref>

	Under United Nations' General Assembly Resolution 44/111, "Prisoners shall have access to the health services available in the		Under United Nations' General Assembly Resolution 44/111, "Prisoners shall have access to the health services available in the

Durankar: /* India */

2011-01-17T11:13:21Z

India

← Older revision		Revision as of 13:13, 17 January 2011
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	===India===		===India===

	In Parmanand Katara v. Union of India (1989), the Supreme Court ruled that the government has an obligation to preserve all life, including those criminally liable to punishment.		In Parmanand Katara v. Union of India (1989), the Supreme Court ruled that the government has an obligation to preserve all life, including those criminally liable to punishment. Medical care in Indian prisons, however, is inadequate. Some of the problems stem from overcrowding, as of 2007 the prison system was operating at 135.7% capacity. <ref> 2009 Human Rights Report: India (Bureau of Democracy, Human Rights, and Labor March 11, 2010).</ref> Other problems are caused by the lack of medical staff. For example, in Karnataka, the government has officially created 83 medical staff positions to care for 12,000 prisoners. As of 2008, however, only 42% of those positions have been filled.<ref>Conditions of Detention in the Prisons of Karnataka 2007-08 (Commonwealth Human Rights Imitative), 2010, at 12.</ref> Additionally, prisoners are often unable to visit a hospital because there are not enough prison guards available to provide medical escorts. In some prisons medical escorts are only available on the weekends when the guards that are typically used for court escorts are available.<ref>Conditions of Detention in the Prisons of Karnataka 2007-08 (Commonwealth Human Rights Imitative), 2010, at 13-14.</ref>

	==Related Documents==		==Related Documents==

Ibjadmin: /* Related Documents */

2011-01-11T17:12:16Z

Ibjadmin: /* Related Documents */

2011-01-11T17:11:58Z

Ibjadmin: /* Related Documents */

2011-01-11T17:11:21Z

Durankar: /* HIV/AIDS and Tuberculosis */

2011-01-11T14:33:11Z

HIV/AIDS and Tuberculosis

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	==HIV/AIDS and Tuberculosis==		==HIV/AIDS and Tuberculosis==

	In prisons located in developing countries ~~the~~ preventing the spread of and treating HIV/AIDS and Tuberculosis (TB) is a constant struggle. Overcrowding, deteriorating facilities, and a lack of proper medical care continue to plague prison systems in African countries like Zambia, foiling any attempt to bring HIV/AIDS and TB under control.		In prisons located in developing countries preventing the spread of and treating HIV/AIDS and Tuberculosis (TB) is a constant struggle. Overcrowding, deteriorating facilities, and a lack of proper medical care continue to plague prison systems in African countries like Zambia, foiling any attempt to bring HIV/AIDS and TB under control.

	Currently, about 15% of the adults in Zambia are infected with HIV.<ref> Unjust and Unhealthy (HIV, TB, and Abuse in Zambian Prisons), Human Rights Watch, 19 (2010)</ref> The percentage of people infected in prison is significantly higher. About 27% of the men and 33% of the women are infected.<ref> Unjust and Unhealthy (HIV, TB, and Abuse in Zambian Prisons), Human Rights Watch, 19 (2010)</ref> From 1995 to 2000, roughly 2,400 inmates and 260 prison staff died from illnesses related to AIDS. <ref> Unjust and Unhealthy (HIV, TB, and Abuse in Zambian Prisons), Human Rights Watch, 19 (2010)</ref>		Currently, about 15% of the adults in Zambia are infected with HIV.<ref> Unjust and Unhealthy (HIV, TB, and Abuse in Zambian Prisons), Human Rights Watch, 19 (2010)</ref> The percentage of people infected in prison is significantly higher. About 27% of the men and 33% of the women are infected.<ref> Unjust and Unhealthy (HIV, TB, and Abuse in Zambian Prisons), Human Rights Watch, 19 (2010)</ref> From 1995 to 2000, roughly 2,400 inmates and 260 prison staff died from illnesses related to AIDS. <ref> Unjust and Unhealthy (HIV, TB, and Abuse in Zambian Prisons), Human Rights Watch, 19 (2010)</ref>

Durankar: /* Specific Country Examples */

2011-01-11T14:22:26Z

Specific Country Examples

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	Similar treatment has been reported in China's "black jails." Detainees have reported being ignored by the guards when detailing existing medical conditions during the admission procedures.<ref>An Alleyway in Hell (China's Abusive "Black Jails"), Human Rights Watch, 29 (2009)</ref> The guards also dismiss requests for medical care, often with threats and insults.<ref>An Alleyway in Hell (China's Abusive "Black Jails"), Human Rights Watch, 29 (2009)</ref> One, 70-year-old, detainee was so desperate for medical care that he starved himself for days until the guards had no choice but to send him to a hospital.<ref>An Alleyway in Hell (China's Abusive "Black Jails"), Human Rights Watch, 30 (2009)</ref>		Similar treatment has been reported in China's "black jails." Detainees have reported being ignored by the guards when detailing existing medical conditions during the admission procedures.<ref>An Alleyway in Hell (China's Abusive "Black Jails"), Human Rights Watch, 29 (2009)</ref> The guards also dismiss requests for medical care, often with threats and insults.<ref>An Alleyway in Hell (China's Abusive "Black Jails"), Human Rights Watch, 29 (2009)</ref> One, 70-year-old, detainee was so desperate for medical care that he starved himself for days until the guards had no choice but to send him to a hospital.<ref>An Alleyway in Hell (China's Abusive "Black Jails"), Human Rights Watch, 30 (2009)</ref>

			===India===

			In Parmanand Katara v. Union of India (1989), the Supreme Court ruled that the government has an obligation to preserve all life, including those criminally liable to punishment.

	==Related Documents==		==Related Documents==

Durankar: /* References */

2011-01-11T10:19:12Z

References

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	==References==		==References==
	<references/>		<references/>
	~~{{Reflist\|2}}~~

Durankar: /* References */

2011-01-11T10:15:54Z

References

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	==References==		==References==
	<references/>		<references/>
			{{Reflist\|2}}

Durankar: /* References */

2011-01-11T10:09:33Z

References

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	==References==		==References==
	~~{{Reflist\|2}}~~		<references/>

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	==Related Documents==		==Related Documents==
	[[Media:Health in prisons.pdf \| Health in prisons: a WHO guide to the essentials in prison health]]		*[[Media:Health in prisons.pdf \| Health in prisons: a WHO guide to the essentials in prison health]]

	==References==		==References==
	<references/>		<references/>

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	==Related Documents==		==Related Documents==
	[~~File~~:Health in prisons.pdf \| Health in prisons: a WHO guide to the essentials in prison health]		[[Media:Health in prisons.pdf \| Health in prisons: a WHO guide to the essentials in prison health]]

	==References==		==References==
	<references/>		<references/>