Prisoners' Health: A Reducible Right or an Irrevocable Obligation in the Light of the Mandatory Rule Against Torture With an Emphasis on Judicial Procedure

Time and purpose: The popularization of imprisonment in the criminal arsenal of ۱۸۳ countries, following the more humane punishments and its replacement instead of the death penalty, raises the question whether the quality and quantity of health care for prisoners due to their legal status or due to economic reasons and lack of resources. Can finance be reduced?Method: This research is of a theoretical type, the research method is descriptive-analytical, and the method of collecting information is library-based, referring to documents, books, and articles.Ethical considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.Findings: Prison itself is a punishment and a prisoner is not sent to prison again for punishment. Therefore, keeping a person in prison should not have harmful effects on people's health. The realization of the right to health in prison depends on the connection of the so-called "positive" and "negative" rights, and sometimes the right to health is realized by abandoning ill-treatment, as in many cases the only way for the government to fulfill its obligations of not ill-treating prisoners is to provide Adequate health care.Conclusion: In the light of the principle of equality and prohibition of discrimination, the right to health of prisoners is not only not reduced, but under the mandatory rule of prohibition of torture, the right to health of prisoners is an irrevocable obligation of the government. With such an approach, deprivation of health care is considered as torture or inhumane treatment.

کلیدواژه ها:

Prison ، Prison Sentence ، Prisoners ، Right to Health ، Mandatory Rule ، Prohibition of Torture ، Judicial Procedure