| Summary: | 碩士 === 開南大學 === 法律學系 === 104 === In the traditional theory of special power relationship, the Correctional Organizations and the inmates from the Correctional Organizations are in special power relations. According to the recent years, the interpretation texts of the Council of Grand Justices constitutional, concerning the rights of the explanations of prisoners in the prison; have been made related to the interpretation thus evoking a comprehensive review of human rights. In 2009, Taiwan also passed the Enforcement Act of the Convention on the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (for short "Covenants") as a nation law, sufficiently for the Correctional Organizations pay attention to human rights. The Correctional Organizations attach great importance to health care. is the most concerning part of work for. In January 1, 2013, inmates included NHI care system, thus becoming more health indicator of significance to enhance the human rights organs of Correction inmates. Inmates suffering from a disease, because of a serious condition, the situation there is urgent life-threatening, the Correctional Organizations may only apply for medical treatment on bail - existence of the right to life and health of people.
The government requires an integrity government, many political celebrities were sent to prison. As many have a common problem, the health, the subject of attention, which is the prison medical problem. On the penalty, the correctional organizations should have retribution, deterrence, incapacitation, rehabilitation, restoration, reintegration and other six functions. One of the most important corrective functions is to limit freedom, but if the issues caused by imprisonment for inmates’ life and health problems, the main work is to take step corrective medical treatments. In view of the respecting of the right to life and the main guarantee for the right to health based on the inmates now suffering the disease, it may, medical treatment in-prison, supervised treatment (medical care outside a prison facility while under the full supervision of the judicial authorities), transfer to specific prisons or hospitals with permission of supervisory authority, medical treatment on bail, and other treatments, selected the best way for disposal.
On course, medical treatment on bail, provided the most rigorous, and then to apply to grant and dismiss need to take them into account, acquire equity in basic human rights of the national power of punishment and inmates. The disputed cases in medical treatment on bail, are not more common, therefore incorporated herein by former President Chen apply for treatment as a case study to explore the inmates suffering from a disease if could not reach a consensus on the cognitive existence of the right to health, and wish to apply for the " medical treatment on bail ", who has the right to apply for? If the application was denied by the correctional organizations of the bodies, its relief pipeline, such as the Ministry of Justice has noticed former President Chen mentioned, Article 484 of the Code of Criminal Procedure, to follow brought relief, or as the Taiwan High Court thinks it should be requested Administrative Court to relief? Furthermore, if the inmates received medical treatment on bail has been abolished by the correctional organizations or the courts, whether its request remedies will be the same as the denied of medical treatment on bail? Under the penalty of modern thought, the inmates in the correctional organizations whose fundamental rights protected by the State should still be possible.
|
|---|
