Right to health and prison detention: analysis of bioethical and medico-legal items

This article deals with the topic of the compatibility of a prisoner's state of health and detention in a prison environment, according to Italian and European regulatory framework. In general, the relationship between prison detention and the detainee's right to health is based on the balance between precautionary requirements to safeguard the community and the protection of the individual's health. The medico legal assessment has the purpose of providing the Judge with the necessary tools, so that he/she can integrate the medico legal evaluation with the legislation in force and, thus, express his judgement on the submitted application for suspension of the sentence. Given that the right to health must be guaranteed to all citizens and that sentences must aim at the reeducation of the convicted person, the State, at the same time, must not fail in its duty to protect public safety, making offenders serve their just punishment, while guaranteeing them their fun damental rights and full respect for their dignity. With the exception of cases in which can be invoked what is expressly provided for in the ltalian criminal legislation to postpone the execution of the sentence, respect for the fundamental rigts of the individual must always be reconciled with the requirements of protection of the community from which the State cannot (and must not) shirk.