A/HRC/38/36
health. While reality is such that certain cases of imprisonment may always be
justified, it is unacceptable that in the twenty-first century detention and confinement
continues to be regularly used for minor offences and for addressing public-health
issues.
96.
It is unacceptable that States continue to use detention and confinement as a
preferred tool to promote public safety, “morals” and public health, doing more harm
than good to social justice, public health and the realization of the right to physical
and mental health.
97.
Sustainable Development Goal 3 on ensuring healthy lives and promoting wellbeing for all at all ages will not be reached if the global community neglects to
seriously address the use of detention and confinement as a public-health policy and to
prioritize the development of effective alternatives. This retains its importance at all
stages of life, starting in early childhood, moving through adolescence and youth and
providing opportunities for healthy and dignified aging in community-based settings.
98.
The Special Rapporteur urges States to:
(a)
Fully abide by, and implement, the Nelson Mandela Rules, in particular
as regards the provision of health care in prisons;
(b)
Redistribute funds that currently support detention and confinement on
the basis of public safety and public health towards enhancing public-health systems
that include safe and supportive schools, programmes to support healthy relationships,
access to development opportunities and an environment free from violence;
(c)
Develop measures to address, on a non-discriminatory basis, the barriers
faced by people in prison and other settings of detention and confinement in gaining
access to health care, particularly women, children, drug users, persons with
disabilities and persons with tuberculosis;
(d)
Enhance community-based facilities that empower and promote
recovery and healthy relationships, while radically reducing and progressively
eliminating non-consensual measures and institutionalization in mental health-care
settings;
(e)
Effectively provide reasonable accommodation for imprisoned persons
with disabilities, particularly those with psychosocial or intellectual disabilities;
(f)
Implement national strategies towards depenalization and non-custodial
measures for children in conflict with the law or who are already imprisoned;
(g)
Fully eliminate institutional care of children under 5 years of age and
replace it with a comprehensive family-support system;
(h)
Scale up investment to deinstitutionalize children of all ages confined on
health or social-welfare grounds in large institutions, such as infant homes and closed
social care and mental health facilities, particularly children from vulnerable groups,
including ethnic minorities and indigenous populations, and children with disabilities;
(i)
Implement policies and specific measures to avoid by all means the
detention of children, including the development of alternative models and responses
for incarcerated mothers;
(j)
Repeal laws criminalizing access to, and information about, sexual and
reproductive health-care services, including with regard to the prevention and
termination of pregnancy and consensual adult sex;
(k)
Effectively provide special accommodation for prenatal and postnatal
care and treatment in prisons and detention centres, jointly with adequate and timely
food and a healthy environment, free of charge, for pregnant women and
breastfeeding mothers, in accordance with the Bangkok Rules;
(l)
End the criminalization, incarceration and confinement of persons with
tuberculosis as a public-health measure, while developing community-based services
that ensure access to adequate information, nutritional support and income;
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