Medical and sanitary provision of convicts in places of detention in the mechanism of exercising the right to health care

Abstract

The article reveals the place of medical and sanitary provision of convicts in places of detention in the mechanism of exercising the right to health care. It is noted that in accordance with current legislation and international standards in the mechanism of exercising the right to health care, the state is responsible for the life and health of persons under its control, regardless of their legal status.
 An analysis of national legislation and international documents in the field of protection of the right of a convict to adequate medical care in places of detention showed that medical care for convicts in places of detention should be provided and organized by the administration of penal institutions according to such quality standards and high professional level used in health care facilities outside places of detention.
 It was stressed that the Ministry of Justice of Ukraine, as the successor of the State Penitentiary Service of Ukraine, announced a number of initiatives in the field of execution of criminal penalties, including improving the functioning of the state institution «Health Center of the State Criminal and Executive Service of Ukraine».
 However, the attempts of the Ministry of Justice to make positive changes in this system should be properly perceived by both convicts and staff of penal institutions. Unfortunately, they are not accepted, as there is no clear algorithm of actions of the medical service of the penal institution for medical care of convicts in places of detention.
 That is why, at present, among the many problems in the functioning of the penitentiary system of Ukraine, the issue of proper medical care of convicts in the mechanism of exercising the right to health care remains on the sidelines.
 Thus, despite the rather extensive regulation of the rights of convicts to health care, the Ministry of Justice of Ukraine is still unable to ensure the implementation of its commitments in the field of human rights. This is confirmed by numerous judgments of the European Court of Human Rights, which confirm the systematic violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms in the context of effective and timely medical care in prisons.
 The author’s definition of medical and sanitary provision of convicts in places of detention is formulated – the mechanism provided by the current legislation and guaranteed by a democratic society for the exercising of the convict’s right to health care through the application of medical and sanitary and health prevention measures, as well as a combination of free and paid forms of medical care in accordance with international standards and procedures in this area.