National Assembly: The response from the authors of the bill on health in prisons

In response to questions raised by members of parliament regarding the proposed law on healthcare in prisons, the authors—Khandy Sarr, Anta Dia, Mamadou Lamine Diaité, and Cheikh Faye—offered some clarification. They reiterated that imprisonment constitutes a punishment, but does not deprive detainees of their right to healthcare. They also called for placing humanity and respect for dignity at the heart of healthcare provision in prisons, recognizing that a person deprived of their liberty retains their fundamental rights.

"Regarding the universal nature of the right to health, which must benefit both free persons and those placed in detention, this requirement requires a particular responsibility on the part of the State, as detained persons are in a relationship of dependence on the institutions responsible for ensuring their access to care," they stated.

Furthermore, the initiators state that the proposed law represents progress in protecting and strengthening the fundamental rights of persons deprived of their liberty. They nevertheless noted that the recognition of a right is not enough to guarantee its effectiveness, as this requires the actual availability of doctors and medication, the possibility of organizing medical evacuations, access to diagnosis, and appropriate management of pain and suffering.

According to them, the adoption of a specific legislative framework is an essential condition for transforming these guarantees in principle into effectively enforceable rights.

Furthermore, Khady Sarr and Co. highlighted the complementarity of this bill with the one establishing the National Observatory of Places of Deprivation of Liberty, considering that the two initiatives are part of the same approach to regulating and strengthening the protection of human rights in prisons.