While you are in prison, you should have the opportunity to see a doctor whenever there is such need. The prison administration must ensure that you can consult a qualified doctor without unjustified delay and in the same conditions as the rest of the population.
Access to health care in the same conditions as the rest of the community
According to French law, you should be able to see a doctor in the same conditions as the rest of the population can. Doctors who are entitled to work in prisons can provide you with a medical consultation if you or the prison staff request it. In the case of an emergency, you should be able to see a doctor as soon as possible, just like the rest of the population.
example If you want to see a doctor late in the evening because you think that your eyesight has deteriorated during the last year, it is permissible for you see a doctor during one of the following days. However, if you are experiencing severe pain, a doctor must be called immediately.
Mandatory health checks
Initial examination
According to French law, you must be examined by a doctor as soon as possible after your first arrival in prison, but only if you consent to it. This visit is very important, firstly to ensure a continuity of care if you had a previous treatment, secondly to detect any contagious or progressive condition requiring isolation or urgent care, and finally to identify persons with an addiction in order to take appropriate therapeutic measures. Indeed, you are also allowed at the beginning of your detention to have a specific health check related to your consumption of drugs, alcohol, and tobacco.
During the initial examination the doctor should ask for general information about your state of health and record it in your electronic medical file.You should be allowed to meet with the doctor alone unless the presence of a guard is absolutely necessary for safety reasons during that particular visit.
Health checks
French law provides that you can see a doctor whenever you request it, or whenever the prison staff requests it for the benefit of your health. In addition, the law says that you can have a health check within a month before you are released from prison.
Health check after conflict
You also have to be seen by a doctor if you have been involved in a violent conflict or if the prison staff have used force against you. During regular check-ups or other visits, the prison doctor has a duty to take note of, record and report any signs of violence you may have suffered to the prison administration.
example If you have bruises on your face and it looks like you have been beaten, the prison doctor should note this in your file and report it to the prison administration.
Solitary confinement
According to French law, if you are placed in solitary confinement, you have to be seen by a doctor at least twice a week. The law also says that solitary confinement will be suspended if the doctor considers that it might endanger your health.
Quality of medical care
If you are sick, injured or have other health issues while serving a prison sentence, you should get appropriate medical treatment. The treatment you receive must be thorough and effective and follow the same standards of safety and quality as medical care provided in the general community.
example The European Court of Human Rights condemned the French authorities in 2015 for not providing adequate healthcare to a disabled prisoner who didn’t get any physiotherapy despite the doctor’s recommendations.
Access to medical institutions outside the prison
Generally, you will have access to a doctor and basic medical care in prison. However, if you need medical treatment that the prison doctor or hospital is unable to provide or if your health condition does not allow you to stay in prison, the French law says that you must be transferred to a general civil healthcare institution.
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If you are not given access to a doctor or there has been undue delay in providing the medical treatment you require, it may lead to a violation of the prohibition against inhumane or degrading treatment, or in the most serious cases, even torture.
However, to be considered as inhumane or degrading treatment or even torture, the effect of the lack of medical care or inappropriate medical care, on your physical and mental condition, has to be sufficiently severe. Read more about how to evaluate whether your rights have been violated.
Right to life
Where a prisoner has died because he/she has not received the necessary medical care or inadequate medical care has been provided, it will be a violation of their right to life. Read more about how to evaluate whether the right to life has been violated.
How to complain
If you believe that your rights have been violated, you should complain to the French prison administration. Read more about how to complain.
If you believe that the medical care provided to you or a fellow inmate was insufficient or inappropriate, you can submit a complaint to the General Inspection of Social Affairs (l’Inspection Générale des Affaires Sociales). This service ensures that the measures necessary to maintain the health of prisoners are respected. According to the law you are allowed to write to the General Inspection of Social Affairs and report any rule violation related to health care and sanitary measures.