Country

Portugal

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Code of Enforcement of Prison Sentences and Imprisonment Measures (Lei 115/2009 que aprova o Código da Execução das Penas e Medidas Privativas da Liberdade)Prisoners are considered regular users of the National Health Service.
General Regulation of Detention Facilities (Decreto-Lei n.º 51/2011, que aprova o Regulamento Geral dos Estabelecimentos Prisionais)Healthcare provision is granted to prisoners inside the detention facilities and, when needed, in healthcare units outside prison. Each detention facility must have specific programmes for clinical intervention namely in areas such as: drug addiction, infectious diseases, mental health, prevention of suicide and harmful behaviour. Detainees who are victims of physical, psychological or sexual abuse, and who suffer from chronic illnesses are guaranteed access to specific and ongoing care. Each detainee is assigned an individual and autonomous medical file, which accompanies them throughout their sentence, including in the event of transfer. Within a maximum period of 24 hours after admission, the detainee shall be seen by the nurse on duty at the admission consultation, who opens the medical file in which the detainee's data and state of health are recorded, adopts the necessary measures and directs the detainee to subsequent consultations.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016These recommendations concern the mental health of young offenders and are especially addressed to juvenile educational centres and recommend that the Directorate-General for Health and the Directorate-General for Reintegration and Prison Services jointly undertake a comprehensive listing of the main constraints in terms of access and scheduling of speciality appointments experienced by the youngsters. Protocols are established between the Directorate-General for Health and the Directorate-General for Reintegration and Prison Services so that the requests of the young people in educational centres may be promptly addressed. The Directorate-General for Health and the Directorate-General for Reintegration and Prison Services work together for collecting data on the most frequent and more complex situations affecting the young people in educational centres in terms of mental health. Report details
2020Accodring to the NPM's report, effective access to health care has been compromised due to staff and material shortages, including psychological and psychiatric issues. Report details
2022The NPM expressed its concern, pointing out that the state has a duty to ensure that no detainee's health is jeopardized due to circumstances beyond its control, such as the lack of human resources. Additionally, although the investment in the health area is recognized by the NPM, the mechanism received reports from directorates or clinical professionals about the lack of human resources in this area. Clinical professionals also pointed to the lack of access to the patient database in the National Health Service, affecting the monitoring of detainees' state of health. Considering the insufficient response to specific situations, such as dementia and old age, the infirmary in Porto Establishment was full with such cases. The NPM was also alerted to the insufficient stomatology professionals in some establishments. For example, in the Caxias Establishment, waiting times for an appointment were as long as two years, and in the Bragança Establishment, the absence of a stomatology professional and the lack of a response from the local health unit meant that some detainees had to resort to private services. Finally, the NPM received recurring complaints about the timing of the administration of sleeping pills, with detainees pointing out that all medication was administered between 5pm and 6pm, with the negative result of inducing sleep during the day, resulting in insomnia at night. The time the medication was administered and its negative consequences were corroborated by health professionals. Report details