The right to health is a fundamental human right indispensable for the exercise of other human rights protected by international and European standards.
“Mental health conditions and mental or neurological disorders remain disproportionately high among the prison population” and data points to a worsening global mental health crisis in prisons. The low priority afforded to mental healthcare in many prison systems is best demonstrated by the lack of qualified mental health care or support staff.
Studies have consistently shown that the prevalence of poor mental health among prisoners is considerably higher than in the general population. Certain persons deprived of liberty have higher rates of mental health conditions and therefore have specific needs for mental health support. This is the case, for instance, for women, girls and LGBTI+ persons, who have often experienced sexual violence and other forms of abuse and trauma before entering prison. While increasing efforts for reform are taking place across the world, there is a prevalence of mental health conditions in prisons accompanied by a great difficulty of providing continuity of (adequate) care.
In recent years, National Preventive Mechanisms (NPMs), NGOs, and individual advocates have repeatedly pointed out systemic flaws in how the criminal justice system deals with people with mental health conditions, leading to strategies that promote treatment over indictment. States should aim at ending the use of prison as a place of safety for individuals with severe mental health issues. Mental health screening is not always properly carried out by competent mental health care OR support professionals and correctional facilities have become de facto mental health hospitals.
In an effort to enhance and strengthen mutual trust in EU member States, the joint EU/ Council of Europe project “European NPM Forum” in cooperation with APT, organised a joint online workshop on 14 and 15 February 2023. The workshop attended by over 100 participants, provided a space for exchanging knowledge and practice between NPMs, NGOs, international and regional monitoring bodies and health professionals in view of protecting the rights of persons with mental health issues in prison. Participants, including NPMs from the Council of Europe’s European NPM Forum, representatives from Council of Europe bodies and the European Court of Human Rights, the Subcommittee on Prevention of Torture (SPT), NGOs, healthcare professionals, had the possibility to discuss common challenges and promising practices with regard to monitoring mental health in prison.
The Project “SPACE and European NPM Forum” is funded by the European Union and co-funded and implemented by the Council of Europe.
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