ENSURING HEALTH CARE AND HUMAN RIGHTS OF PERSONS WHO ARE IN PLACES OF IMPRISONMENT DURING THE COVID-19 PANDEMIC

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УДК 351.773+343.412 343.811

ORCID: 0000-0002-6958-4767

DOI 10.37566/2707-6849-2022-1-2(38-39)-5

 

 

Marina HOLOVATENKO,

Lecturer of the Department of International Law and Comparative Law, Faculty of International Relations, National Aviation University, postgraduate student

 

 

ENSURING HEALTH CARE AND HUMAN RIGHTS OF PERSONS WHO ARE IN PLACES OF IMPRISONMENT DURING THE COVID-19 PANDEMIC

         The article analyzes the reasons why persons deprived of their liberty are in a situation of increased vulnerability to infectious diseases such as COVID-19. Conditions are often overcrowded, with poor sanitation and poor ventilation, frequent movement within and between prisons, and stress combined with far from ideal food - all of which increase the likelihood of infectious diseases. Limited resources available to persons in prison, including access to testing and personal protective equipment, are an additional problem. Therefore, updating prevention measures, including vaccination status of persons in prisons, is one of the key public health measures, especially given the fact that many detainees have not had any before or at least regular contact with the health care system. At the same time, under the conditions of national quarantine, the issue of respect for human and civil rights arose in society. In particular, this issue concerns particularly vulnerable groups, including those held in prisons. Inadequate living conditions, poor medical conditions and a high proportion of chronic prisoner diseases are the reasons for the rapid spread of COVID-19, which can have serious consequences for life and health. The state is responsible for the health of its convicts or detainees. Today, at the international level, certain recommendations and measures have been formulated that need to be implemented in penitentiary institutions, which should help to control and manage the situation. Many international organizations have already done this work, made efforts and some suggestions and recommendations. Governments and other public decision-makers around the world have failed to limit the spread of COVID-19 in prisons, leading to an increase in prison infections and COVID-19-related deaths behind bars. According to the World Health Organization, local efforts to combat COVID-19 are likely to fail if the authorities do not take harsh measures in prisons and other places of detention. Yet international standards for the health of prisoners - even during a pandemic - exist and can be used by human rights defenders to fight for adequate medical care.

Key words: human rights, health care, places of imprisonment, safety of convicts, pandemic, COVID-19.

 

References

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A / HRC / 40/59 / Add.3, paras. 42, 43. URL: https://www. ohchr.org/ru/issues/torture/srtorture/pages/srtortureindex.aspx [ukr.].

World Health Organization, Regional Office for Europe, Preparedness, prevention and control of COVID-19 in prisons and other places of detention. Interim guidance, 15 March 2020. URL: https://www.euro.who.int/en/health-topics/health-determinants/ prisons-and-health/publications/2020/preparedness,-prevention-and-control-of-covid9-in-prisons-and-other-places-of-detention,-15-march-2020-produced-by-whoeurope

Cătălin Eugen Micu v. Romania, ECtHR, Judgment of 6 January 2016, para. 56. IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, para. 533

Inter-Agency Standing Committee, OHCHR and WHO, Interim Guidance. COVID-19: Focus on Persons Deprived of Their Liberty, p. 2.

 Franco-Paredes et al., «Decarceration and Community Re-Entry in the COVID-19 Era». The Lancet Infectious Diseases 23, no. 20 (2020): 1–6 URL: https:// doi.org/10.1016/S1473- 3099(20)30730-1

World Health Organization, «Mental Health and Psychosocial Considerations during the COVID-19 Outbreak» (Geneva, Switzerland, 2020) URL: https://doi. org/10.1016/j. psym.2020.07.005.

Inter-Agency Standing Committee, OCHR and WHO, Interim Guidance COVID-19: Focus on persons deprived of their liberty, March 2020, p. 3.

Cells of two or more prisoners should give at least 4m² of living space per prisoner – the place taken by sanitary facilities being excluded from the calculation. CPT, Living space per prisoner in prison establishments: CPT standards, CPT/Inf (2015) 44, 15 December 2015, para. 9

The CPT promotes larger spaces for multi-occupancy cells, i.e. 10m² for two prisoners, 14m² for three prisoners and 18m² for four prisoners, considering that 4m² can still lead to cramped conditions. Living space per prisoner in prison establishments: CPT standards, para. 16.

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Law of Ukraine of 21 July 2006, № 22-V. Information of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov. ua/laws/ show/3435-15#Text [ukr.].

Le Monde (op-ed), Coronavirus: Sauvegardons les droits fondamentaux pendant la crise sanitaire, 20 March 2020. URL: https://www.lemonde.fr/idees/ article/2020/03/20/coronavirus-sauvegardons-les-droits-fondamentaux-pendant-lacrise-sanitaire_6033892_3232.html

Ouest France, Coronavirus: Les directeurs de prison appellent à faire de l’encellulement individuel une priorité, 20 April 2020. URL: https://www.ouest-france. fr/sante/virus/coronavirus/coronavirus-les-directeurs-de-prison-appellent-faire-del-encellulement-individuel-une-priorite-6813268?fbclid=IwAR31GKcjLlzOBM-V_ T7x7nF_42Q5FUO3LYr1S5YIFil0g55v_cYXXeDZOm4l

Protecting human rights during and after the COVID-19 «Joint questionnaire by Special Procedure mandate holders» UNESCO URL: https://en.unesco.org/ inclusivepolicylab/e-teams/people-african-descent-and-sustainable-developmentgoals/documents/protecting-human-rights

Special report of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine «Status of human rights and freedoms in places of detention during the emergency situation related to the spread of acute respiratory disease COVID-19 caused by coronavirus Sars-Cov-2» URL: https://mvs.gov.ua/upload/document/0PLfaj rjapH9lO9qejFz2S5Fhu4EM71RKCJ934Ph.pdf [ukr.].