A fogvatartottak egészségügyi ellátásának joga az Emberi Jogok Európai Bíróságának döntéseiben

Prisoners tend to have poorer physical, mental and social health than the general population. Their lifestyles are more likely to put them at risk of ill health. Many prisoners have had little or no regular contact with health services before entering prison. Mental illness, drug dependence and communicable diseases are the dominant health problems among prisoners. International standard have emphasised that prisoners are entitled to equivalence of healthcare, and the health of the prisoner should be the central purpose of the care provided. The European Court of Human Rights has reaffirmed in many case that prisoners should not be subjected to hardship or constraint other than that which necessarily results from their deprivation of liberty. Prisoners must be treated with humanity and dignity, and their detention should not prevent them from accessing health care in conditions comparable to those enjoyed by patients in the outside community. The Court reiterated that the prohibition of torture and cruel, inhuman and degrading treatment imposes an obligation on the State to ensure that the health and well-being of a prisoner are adequately secured, by providing him with the required medical assistance. So lack of access to adequate medical treatment for prisoners can be considered cruel, inhuman or degrading treatment or torture. Analysis of European instruments of human rights shows that the right to health of prisoners is frequently disregarded and many states do not meet their special duty of care for prisoners adequately