Challenges of the Knowledge Society (Jun 2023)

ANALYSIS OF MEDICAL CARE IN EUROPEAN PRISONS IN THE LIGHT OF THE ECTHR JURISPRUDENCE

  • Florin PROCA

Journal volume & issue
Vol. 16, no. 1
pp. 72 – 82

Abstract

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Since ancient times, people have been interested in leading the best possible life, and with the evolution of society, individuals have gradually and permanently focused on improving the quality of life, on maintaining physical and mental health for as long as possible throughout their lives. Even if in the early part of life most people think they are invincible, believe they have no limits, believe they can do almost anything and overcome any obstacle encountered, with advancing age they realize the limits of the human body and the normal course of life. With the increase of humanity's interest in preserving bodily integrity for as long as possible, medical studies at the physical level as well as those at the psychological level have intensified, and medical innovations have appeared that have reached unimaginable limits just a few decades ago, states began building more hospitals and medical centers while pouring more money into the health care system. The right to health is in close connection with the right to life because the deterioration of the first element inevitably leads to the faster loss of the second element. In penitentiaries, the right to health is guaranteed to all those in custody permanently, free of charge, equally and without discrimination. Perhaps because of this, once in detention, some begin to fake all sorts of medical problems in order to receive certain benefits such as better food for a falsely declared digestive problem, better accommodation in the unit's infirmary at least for a short amount of time etc. Others use this ruse and feign very serious medical problems to try to escape their penance and regain their freedom before the sentence set by the court expires.

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