THE RIGHT OF PERSONS WITH DISABILITIES TO HEALTH CARE IN CONDITIONS OF PENITENTIARY ISOLATION. INTERNATIONAL LAW STUDY

Abstract

The article aimed at analyzing whether universal common standard for the protection of health of people with disabilities staying in penitentiary isolation is enforced. Persons with disabilities, although they constitute a relatively significant percentage of the prison population, still have not received proper attention. However, their disability gives rise to an obligation of states to take into account their special needs also during detention. This applies to e.g. the right to health care – detention makes people with disabilities completely dependent on a state in terms of medical care, thus, any actions or omissions of state in this area are of great importance for their health. The need for proper implementation of the right is emphasized by universal and European human rights bodies. The bodies agree that prisoners with disabilities belong to particularly vulnerable groups, and appropriate medical care is a guarantee of realization of their other rights. The presented analyzes allowed to conclude that a specific standard of health care of prisoners with disabilities is being developed, however, its effectiveness depends on the will and actions of states.