Right to Access Health Care in Prisons: International Standards and Practice

Đukanović, Anđela (2025) Right to Access Health Care in Prisons: International Standards and Practice. In: Prison Life Organization and Security: Criminological, Penological, Sociological, Psychological, Legal, and Security Aspects. Institute of Criminological and Sociological Research, Belgrade, pp. 256-276. ISBN 978-86-80756-77-6

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Abstract

All rights are maintained by individuals deprived of their liberty unless they are legally revoked by the verdict that sentences them or orders their detention. Nevertheless, the provision of health care in prisons is not feasible in the same way, due to the prevalence of certain health issues in prisons and specific inherent constraints. Even though international documents governing the treatment of prisoners declare equivalence of health care, which implies that prisoners must have access to the same levels of health care as the general population and must receive the same level of care as the community, the health of prisoners is often inferior to that of the general population. In the context of international bodies that make decisions on individual complaints, access to health care is achieved through civil and political rights, rather than economic and social rights. Regarding the right of prisoners to access health care, the European Court of Human Rights maintains the most comprehensive practice, and human rights violations are addressed in accordance with the unique circumstances of each case, in addition to a few general principles. However, the European Court of Human Rights allows states to exercise some discretion concerning the principle of equivalence of health care. The World Health Organization's efforts to collect data on critical health indicators in prisons and develop evidence-based health care policies could lead to improved prisoner health. Keywords: Health care, Prison, right to health, European Court of Human Rights

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