SYSTEMATIZATION OF THE HEALTH CARE SECTORIN IN TERNATIONAL STANDARDS FOR THE TREATMENT OF CONVICTS

Pavlenko A.A.

Tomsk IPKR of the FPS of Russia (Tomsk, Russia), Associate Professor of the Department of execution of punishments not related to deprivation of liberty and legal support of the correctional system, сandidate of law, associate professor

Annotation:

The article analyzes the provisions of international legal documents regulating the right to health protection of convicts. It is concluded that the majority of international standards for the treatment of convicts raise the health protection questions in one way or another. However, the scope of the topics under consideration varies greatly between the documents, in addition, they often contain dissimilar formulations on the same type of elements. This requires carrying out a comparative analysis of several sources in each specific case related to the protection prisoners’ health, which may lead different law enforcers to different conclusions in similar situations. This prevents the formation of a coherent understanding of the international legal approach to the system of medical care for prisoners and indicates the advisability of systematizing the components of health protection in penitentiary institutions. The paper examines provisions of the Nelson Mandela rules and the European Penitentiary Rules, as the most detailed, in relation to the considered area, documents. Taking into account the peculiarities of their structure, three groups of norms in the field of health protection are being defined: protective (guaranteeing) – the convict is a subject, obliging – a doctor (medical worker) is a subject, providing – the state represented by the prison administration is a subject. The analysis of the elements of each group of norms is carried out, the author’s classification is given.

Keywords:

international standards for the treatment of convicts; the content of the right of convicts to health protection; international legal approach to the system of medical care for prisoners; the Nelson Mandela rules; European Penitentiary Rules