DOUBLE PUNISHMENT

The right to access mental health care while in prison
Article 25 of the CRPD provides that “persons with disabilities have the right to the
enjoyment of the highest attainable standard of health without discrimination on the basis
of disability.” 195 The ICESCR also provides for the right to the highest attainable standard of
physical and mental health. 196
Under the new UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela
Rules), “the provision of health care for prisoners is a state responsibility. Prisoners
should enjoy the same standards of health care that are available in the community, and
should have access to necessary health-care services free of charge without discrimination
on the grounds of their legal status.” 197 The Rules provide that “every prison shall have in
place a health-care service tasked with evaluating, promoting, protecting and improving
the physical and mental health of prisoners, paying particular attention to prisoners with
special health-care needs or with health issues that hamper their rehabilitation.” 198 The
Rules also provide that “the Prison administrations shall make all reasonable
accommodation and adjustments to ensure that prisoners with physical, mental or other
disabilities have full and effective access to prison life on an equitable basis.” 199
The prohibition of discrimination
The ECHR (in article 14), the ICCPR and ICESCR (both in article 2) all prohibit governments
from discriminating against anyone on the basis of disability or gender in their enjoyment
of the rights under the respective treaties: this includes their rights to life, mental and
physical integrity and to not be subjected to torture or cruel, inhuman or degrading
treatment. 200 The CRPD explicitly prohibits discrimination on the basis of disability (article
5).
195 UN General Assembly, Convention on the Rights of Persons with Disabilities: resolution adopted by the General
Assembly, January 24, 2007, A/RES/61/106, Article 25, ratified by France on February 2, 2010.
196 UN General Assembly, International Convention on Economic, Social and Cultural Rights (CESCR), December 16, 1966,
United Nations, Treaty Series, vol. 993, p. 3, Article 12, France acceded to the CESCR on November 4, 1980.
197 UN Standard Minimum Rules on the Treatment of Prisoners, Rule 24.1.
198 UN Standard Minimum Rules on the Treatment of Prisoners, Rule 25.1.
199 UN Standard Minimum Rules on the Treatment of Prisoners, Rule 5.
200 Article 14 of the ECHR provides that “the enjoyment of the rights and freedoms set forth in this Convention shall be
secured without any discrimination on any ground such as sex, race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority, property, birth or other status.”
67 HUMAN RIGHTS WATCH | APRIL 2016