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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Czech legislative environment does not allow prisoners to donate blood. The law in this field reflects the past situation when there were concerns that people deprived of liberty might be forced to donate blood against their will. We believe that the situation today is different and the prisoners should have the right to donate blood and to help the society this way if they are willing to do so (we actually have cases like that). Therefore, we would like to know what the practice is abroad. On behalf of the Prison Service of the Czech Republic I would like to ask you to reply to following questions.
There is no legislation that forbids this right to a prisoner - convict or pre-trial inmate. Often, we participate with our inmates to blood donations at least 3-4 time in a year.
If yes, does it apply to convicts as well as pre-trial detainees?yes it does
If yes, do you actually have any inmates – blood donors?Yes we do
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)If the inmates in the closed prison wish to donate blood, this is organized within the prison facilities. If the inmates of the open prison and/or Reintegration Center wish to donate blood for various events, we participate as a Department to the blood donation events outside prisons.
It does not make distinction.
If yes, does it apply to convicts as well as pre-trial detainees?The same as before.
If yes, do you actually have any inmates – blood donors?We don't have an specific register.
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)As stated before, inmates are treated as ordinary patients in this issue. We did not have specific problems in relation to it.
1. There are no obstacles within Croatian legislation that would prohibit prisoners to be a blood donors. Still, correctional institutions do not organize blood donation activities for prisoners. The most important reasons for that are organizational and security reasons. For example, medical staff performing blood donation activities is not allowed to approach closed prison condition, so it might create an unequal position among various categories of prisoners.
If yes, does it apply to convicts as well as pre-trial detainees?-
If yes, do you actually have any inmates – blood donors?-
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)This content is only available to registered members of EuroPris.
In terms of the Health Care Act and Services related to Health Care Provision, blood donor can be only a person legally capable, older than 18 years under meeting the following conditions: a) informed consent before the blood donation; b) necessary examinations of the blood donor before the blood taking; c) the health state of the donor must not be endangered and d) the donor has no health contra-indication of the blood taking. However, the abovementioned law determines explicitly that a blood donor (despite meeting the stated conditions) must not be a person during pre-trial detention, prison sentence execution or detention.
If yes, does it apply to convicts as well as pre-trial detainees? If yes, do you actually have any inmates – blood donors? If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)Latvian legislation does not foresee an inmate to be a blood donor.
If yes, does it apply to convicts as well as pre-trial detainees?According to the response provided by the Latvian State Blood Centre, the aim in organising blood donation is to provide blood and blood components that meet the quality and safety requirements for medical institutions for transfusions, and blood preparation for manufacturing, whereby, at all stages of this process, priority attention is paid to the safety aspect, to prevent any blood-bearing infectious diseases for the potential donor. Even the existence of a minimal social risk in the context of a potential risk of infection can serve as a basis for rejection of donation. The informative report “On health organization and funding in prisons” (2017 data) shows that HIV prevalence in places of imprisonment is more than 50 times higher than in society as a whole; the prevalence of hepatitis B is more than 4 times higher and the rate of hepatitis C prevalence is 11 times higher. When taking a decision regarding the impossibility of blood donation at the moment in Latvian prisons, the State donor center is directly guided by these assessments of risk factors and the principle of proportionality, that the benefit obtained by the public by a restriction in refusing blood donation at the places of imprisonment is greater than the limitation of the rights or legal interests of the individuals who serve the punishment in them.
If yes, do you actually have any inmates – blood donors?N/A
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)N/A
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It is not legislated at all in Sweden. It does not allow or refuse inmates to donate blood. It isd not possible to donate blood within the facilities though.
If yes, does it apply to convicts as well as pre-trial detainees?Yes
If yes, do you actually have any inmates – blood donors?We do not know. If they donate blood it is done during furlough and the Swedish Prison and Probation Service is not involved.
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)No
In England and Wales we do not believe there is a legislative prohibition to blood donation by people detained in prison. However there are no arrangements to facilitate donation and there is no policy framework to enable donations, therefore blood donations are not made. This is the responsibility of NHS Blood & Transplant https://www.nhsbt.nhs.uk/
If yes, does it apply to convicts as well as pre-trial detainees?n/a
If yes, do you actually have any inmates – blood donors?No
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)n/a
Yes.
If yes, does it apply to convicts as well as pre-trial detainees?Yes.
If yes, do you actually have any inmates – blood donors?No, not at least in recent years
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)They can claim it, but putting it into practice would be very difficult. Most prisoners are not qualified to donate blood due to infectious diseases and substance abuse.
There is nothing within SPS Prison Rules which pertains to blood donation.
If yes, does it apply to convicts as well as pre-trial detainees? If yes, do you actually have any inmates – blood donors? If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)Yes, Austrian legislation does allow inmates to donate blood. However, this is not laid down by law explicitly. (See answer to question 4)
If yes, does it apply to convicts as well as pre-trial detainees?Generally, it applies to all inmates.
If yes, do you actually have any inmates – blood donors?No, in practice we do not have any inmates as blood donors.
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)Austrian legislation does not explicitly and specifically lay down an inmate's right to donate blood. However, accidents happening during blood donations by inmates are considered as work-related accidents.
There is no legislation that prevents an inmate from being a blood donor.
If yes, does it apply to convicts as well as pre-trial detainees?Yes
If yes, do you actually have any inmates – blood donors?No. However we can not rule out that there are inmates who donate blood while being on leave.
If yes, is it a right that the prisoner can claim? Or can the prison decline such a request? (We understand that a possible high number of such requests or claims could put some pressure on the prisons to make the necessary arrangements ...)The prison can decline the request.