Santé en milieu carcéral : Pourquoi cette proposition de loi a été introduite par des députés de Pastef
The principles of continuity of care and non-discrimination, professional independence of medical staff, improved coordination between relevant ministries, and the establishment of mechanisms for monitoring, tracking, and protecting the rights of sick detainees are among the reasons cited by Pastef party members of parliament Khady Sarr, Anta Dia, Cheikh Faye, and Mamadou Lamine Diaité in support of the various innovations proposed in the bill. According to them, the bill aims to provide the prison system with a modern and strengthened legal framework, thereby guaranteeing incarcerated individuals effective access to quality care equivalent to that provided in the community.
Thus, the National Assembly convened parliamentarians this Wednesday for the examination of the said law.
Indeed, during the committee meeting, Anta Dia reminded the Minister of Health and Public Hygiene, Dr. Ibrahima Sy, that the lack of a coherent normative framework for prison health leads to unequal treatment between free citizens and those deprived of their liberty.
"The conditions of detention expose detainees to serious health risks."
“Health is a fundamental right guaranteed to everyone, including those deprived of their liberty. Prison conditions, often marked by overcrowding, unsanitary conditions, and insufficient medical resources, expose detainees to serious health risks. These realities call for structural and legal reform to guarantee effective access to healthcare in prisons. However, the absence of a coherent regulatory framework significantly limits the effectiveness of healthcare provision for incarcerated individuals,” she stated from the outset.
According to her, this results in a blatant inequality of treatment between prisoners and free citizens, in contradiction with the constitutional principle of equality before the law.
The MP noted that the adoption of this law will mark a significant step forward in the existence of a prison system that respects human dignity, prevents the marginalization of incarcerated individuals due to health issues, and promotes their social reintegration.
"She also indicated that the proposed law meets the international and regional commitments of the State of Senegal in the field of human rights, including the United Nations Standard Minimum Rules known as the Mandela Rules, the African Charter on Human and Peoples' Rights, as well as the recommendations of the mechanisms for monitoring torture and inhuman or degrading treatment," the report submitted to the press stated.
"In accordance with Article 82 of the Constitution, a compensatory revenue is indeed proposed."
Which adds: "In this context, it will state that, by virtue of the distribution of normative powers resulting from Articles 67 and 76 of the Constitution, this bill is limited to stating the fundamental principles and guarantees to which detainees are entitled with regard to health. Consequently, it leaves to the competent authorities the prerogative to determine the modalities of organization, staffing and equipment of the services concerned."
Furthermore, regarding the new public expenses resulting from the implementation of the rights and guarantees provided for by this bill, Anta Dia "specified that, in accordance with Article 82 of the Constitution, a compensatory revenue is indeed proposed."
"This revenue takes the form of an additional compensatory contribution of 0.2% excise, by reference, on the tax bases provided for in Articles 212 quater and 212 quinquies of the General Tax Code, without modification of the existing rates," she said.
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