United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules)
A/RES/70/175
Rule 31
The physician or, where applicable, other qualified health-care professionals
shall have daily access to all sick prisoners, all prisoners who complain of physical or
mental health issues or injury and any prisoner to whom their attention is specially
directed. All medical examinations shall be undertaken in full confidentiality.
Rule 32
1.
The relationship between the physician or other health-care professionals and
the prisoners shall be governed by the same ethical and professional standards as
those applicable to patients in the community, in particular:
(a) The duty of protecting prisoners’ physical and mental health and the
prevention and treatment of disease on the basis of clinical grounds only;
(b) Adherence to prisoners’ autonomy with regard to their own health and
informed consent in the doctor-patient relationship;
(c) The confidentiality of medical information, unless maintaining such
confidentiality would result in a real and imminent threat to the patient or to others;
(d) An absolute prohibition on engaging, actively or passively, in acts that
may constitute torture or other cruel, inhuman or degrading treatment or punishment,
including medical or scientific experimentation that may be detrimental to a
prisoner’s health, such as the removal of a prisoner’s cells, body tissues or organs.
2.
Without prejudice to paragraph 1 (d) of this rule, prisoners may be allowed,
upon their free and informed consent and in accordance with applicable law, to
participate in clinical trials and other health research accessible in the community if
these are expected to produce a direct and significant benefit to their health, and to
donate cells, body tissues or organs to a relative.
Rule 33
The physician shall report to the prison director whenever he or she considers
that a prisoner’s physical or mental health has been or will be injuriously affected
by continued imprisonment or by any condition of imprisonment.
Rule 34
If, in the course of examining a prisoner upon admission or providing medical
care to the prisoner thereafter, health-care professionals become aware of any signs
of torture or other cruel, inhuman or degrading treatment or punishment, they shall
document and report such cases to the competent medical, administrative or judicial
authority. Proper procedural safeguards shall be followed in order not to expose the
prisoner or associated persons to foreseeable risk of harm.
Rule 35
1.
The physician or competent public health body shall regularly inspect and
advise the prison director on:
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(a)
The quantity, quality, preparation and service of food;
(b)
The hygiene and cleanliness of the institution and the prisoners;
(c)
The sanitation, temperature, lighting and ventilation of the prison;
(d)
The suitability and cleanliness of the prisoners’ clothing and bedding;