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; 20

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