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Les droits de la personne détenue en matière de santé

Abstract : Until recently, society has been largely unconcerned with the health of detainees. For centuries, the penal system has been dominated by the brutality of corporal punishment. Despite a decrease in the suffering inflicted on offenders, the use of detention as the main punishment of common law has not removed the afflictive character from the punishment due to its harmful influence on the physical and mental condition of the detainees. However, the health of the detainees has recently emerged as an issue of public health. The sanitation of penal institutions and the progressive organization of care for the detainees have resulted in the transfer of the detainees’ health care from the public penitentiary system to the public hospital system. This integration of the common law health system seeks to guarantee a standard of care to those detainees that is equivalent to the standard of care enjoyed by the general population. Initially deprived of rights regarding health, the detainee was then recognized with rights that were afforded to all patients. However, if given the particular vulnerability of detainees, special protective measures are implemented, the fact remains that the effectiveness of detainees’ rights regarding health comes up against the constraints of order and security in prisons.Moreover, in order to support the recognition of detainees’ rights regarding health, jurisdictional guarantees intervene to ensure the respect of those rights. The intervention of the European Court of Human Rights reinforces the guarantee of those rights taken from national texts. The influential protection of the European Court of Human Rights which establishes the legal standard necessary to safeguard the health of detainees and recognizes the right to an effective remedy, forces the national court to comply with the European case law. Thus, the national court not only intervenes to condemn any infringement of the detainees’ rights in terms of health, but also to order the release of the detainees when no other guarantee allows to assure the respect for their rights
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Submitted on : Tuesday, December 15, 2020 - 9:41:55 AM
Last modification on : Friday, September 2, 2022 - 10:48:45 AM
Long-term archiving on: : Tuesday, March 16, 2021 - 6:45:04 PM


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  • HAL Id : tel-01752402, version 1



Aurélie Bonne-Harbil. Les droits de la personne détenue en matière de santé. Droit. Université de Lorraine, 2016. Français. ⟨NNT : 2016LORR0262⟩. ⟨tel-01752402⟩



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