Health

Ministry in charge

  • Ministry for the Interior
  • Ministry for Health (in Catalonia and the Basque Country)

Social organisations are campaigning for the responsibility for healthcare to be transferred to the Autonomous Communities. This would facilitate the co-ordination of healthcare programmes (transfer of medical records, continuity of care, etc.). Legislation enacted in 2003 would allow this transfer to take place, however this has only happened in Catalonia and the Basque Country.

  • On 29 November 2023, the Association for Human Rights in Andalusia (APDHA) requested the transfer of healthcare responsibilities to the autonomous communities, as provided for by law in 2003.

    i
    29/11/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDHA)

Every prison facility has a health care unit

yes

Number of medical staff (FTE)

1,343

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2021
/ Council of Europe, SPACE I – 2021 Report, p. 90.

The number of healthcare staff (FTE) has not shown any significant change. It was 1,3391 in 2020. The European Committee for the Prevention of Torture (CPT) reports, in 2020, a lack of health care staff. The report highlights the lack of nurses and doctors in detention as well as the lack of psychiatrists and psychologists. Overall, the report states poor working conditions for medical staff.
In August 2022, 67% of vacant posts for doctors in detention were not filled. There are 148 regular posts occupied, 40 temporary posts and 3 student interns, i.e. less than 200 doctors for more than 55,000 detainees. In 2021 and 2022, the Ministry of the Interior opened 80 new posts for health staff. 11 have been filled. The doctors are critical of the precarious nature of temporary contracts, the lack of qualifications and training for temporary staff, and the widespread stress caused by the difficult working conditions. In December 2022, the General Secretariat of Penitentiary Institutions (SGIP) acknowledges a “shortage of medical professionals in certain prisons”, making it impossible to “guarantee the provision of medical care 24 hours a day”. The government is introducing teleconsultations with in-house professionals assigned to other establishments as a response to the shortage.


  1. Council of Europe, SPACE I - 2020 Report, p. 83. 

  • The Palma penitentiary centre holds 1,000 prisoners. Although the medical staff should include nine people, it is typically only two. No healthcare staff were present on Easter. This shortage leads to increasingly frequent transfers to exterior facilities, resulting in security and budget problems. The prison facility requested the transfer of healthcare responsibilities to the autonomous communities.

    i
    19/04/2023
    / Europapress
  • Andalusian prisons do not have enough doctors. 16 (75%) of them have private contracts. Since March, 65 job posts have been open in the prison medical sector. Cádiz and Seville have 15 vacant posts; Malaga, 11; and Granada, 7. The CSIF explains this staff shortage with the low wages for prison doctors compared to those of their colleagues outside of prison.

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    18/05/2023
    / Europapress
  • The prison authorities have publicly criticised the shortage of doctors in the country’s prisons. Half of the posts are not filled, and professionals have also reported a lack of resources. The union CSIF published figures showing that nearly 7 in 10 posts have not been filled.

    i
    24/03/2023
    / Antena 3

A primary care team1 is present in each prison, providing outpatient services. The team consists of at least one general medical practitioner and two nurses. Psychiatrists, dentists and occasionally pharmacists may also be available. Other specialists (e.g. ophthalmologists, gynaecologists, dermatologists etc.) are rarely present. Patients suffering from certain conditions are taken to hospital. There are insufficient doctors available. Requests for medical consultations are subject to delays. Sixteen out of 82 establishments have a pharmacy on site.


  1. Ombudsman, “[Annual Report and Court Cases 2017](https://www.defensordelpueblo.es/wp-content/uploads/2018/03 /Informe_anual_2017_vol.I.1_Gestion.pdf)”, 2018, pp. 197-198. (in Spanish) 

Each prison is attached to a particular hospital, which must be equipped with a secure unit to receive patients (hospital beds with a police guard).

Health care is free

yes

A medical examination is performed upon admission

yes

An examination is carried out on arrival in detention. New inmates undergo blood tests and other medical examinations. An assessment with a doctor must be carried out within 24 hours of admission.1 A doctor and a nurse review the medical history and carry out a “risk assessment”: suicide risk, drug use (type of drug, frequency, method of consumption, withdrawal symptoms, etc.), mental disorders. Risk behaviours such as sharing injection equipment, unprotected sex and tattooing are also taken into account. The communicable disease assessment covers infections such as tuberculosis, HIV, HCV, HBV and syphilis. This assessment provides guidance on the appropriate treatment (substitution treatment or care) to be provided.
The CPT recommends that all establishments keep a register of injuries sustained by inmates before their admission or during their detention.

  • In June 2023, the Association for Human Rights in Andalusia (APDHA) criticised the significant waiting times prior to medical screenings for new arrivals at Puerto III Prison in Cádiz. These delays have a negative impact on prisoners’ cell assignments and reintegration.

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    20/06/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDHA)

A medical file is opened upon admission

yes

Prisoners can access health care units after

an oral request

Verbal requests addressed to the prison guards are not dealt with promptly. The CPT delegation received complaints from inmates in all of the prisons they visited.1

Medical examinations are carried out on a confidential basis

in most cases

Medical confidentiality is not guaranteed when the patient is examined in the hospital setting. The presence of police officers during diagnostic consultations has been reported. Results of tests are not given directly to the patient. There are cases of female inmates refusing to have a gynaecological examination due to the presence of prison guards in the consultation room.

Inmates must be allowed access to the same care that they would receive in the outside world. Social organisations have revealed that these rights are not respected. There is a clear inequality of access in this area.

The prison administration is responsible for the health of prisoners, according to the legislation, and must provide them with medication.
Detainees with mental health problems are mostly treated with medication. The lack of psychiatrists and psychologists in detention could explain this trend. Some detainees suffering from schizophrenia are reportedly overmedicated, according to the CPT. The Committee questions the consent to be given to medication, which seems to be sometimes imposed on the detainee.

The most prevalent diseases are :

  • Hepatitis C
  • HIV/AIDS
  • Tuberculosis
i
2016
  • A report from the World Health Organisation states that in 2020, 21 prisoners in facilities operated by the Spanish state had been diagnosed with tuberculosis, 3.5% of prisoners had an active HIV diagnosis, 1.1% had Hepatitis C and 3.9% had mental health disorders.

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    15/02/2023
    / Organisation mondiale de la santé (OMS)

Inmates undergo a medical examination on arrival at the institution. The prevention of epidemic and communicable diseases is of utmost importance. An x-ray is performed on all inmates who show the first symptoms of tuberculosis. A doctor performs this examination.

  • A survey conducted by the Ministry of Health on a sample of 5,512 prisoners revealed that only 65% to 73% of prisoners claim to remember having been offered screening for HIV, hepatitis B and C or syphilis. The disease for which the highest number of people remembered being screened was hepatitis C (72.8%). 4.6% of people screened were HIV-positive, and 13.6% tested positive for hepatitis C and 1.1% for hepatitis B. The percentages are higher for men in all categories. 97.4% of prisoners diagnosed with HIV were receiving treatment. This percentage is higher among women. 37% of respondents say they have been vaccinated for hepatitis B, while reports show a vaccination rate of 22.1% in the population outside of prisons.

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    06/2023
    / Government Delegation for the National Plan on Drugs, Survey on Health and Drug Use in the Inmate Population in Penitentiary Institutions (ESDIP)

Risk minimisation programmes in prison aim to reduce drug-related risk of harm. Programmes include testing, vaccination and provision of safe injecting equipment, protection and hygiene products such as bleach.
A needle exchange programme has been in place since 1997. Condoms are made available. The review of this programme shows that:

  • Drug use and injection does not increase
  • Risk behaviours and transmission of diseases (HIV, Hepatitis C) decrease
  • Positive health outcomes have been observed (drastic reduction in overdose cases)
  • A number of establishments vouch for the effectiveness of the programme.
  • A survey conducted by the Ministry of Health on a sample of 5,512 prisoners revealed that 21.2% of the prison population was aware of the needle exchange programme. 2.3% of prisoners surveyed stated that they do not use needles that have already been used.

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    06/2023
    / Government Delegation for the National Plan on Drugs, Survey on Health and Drug Use in the Inmate Population in Penitentiary Institutions (ESDIP)

The general detention regime

Individuals with mental health problems can be placed in correctional facilities. They are typically placed in the general detention regime. The CPT observed that psychiatric visits were inadequate in correctional facilities. At Teixeiro prison, where 6% of prisoners receive antipsychotic medication, no psychiatrists visited between 2011 and 2016. At Léon prison, where 25% of prisoners have diagnosed personality disorders, one psychiatrist visited for four hours per week. No permanent psychologist was available at any of the facilities visited by the CPT in 2016.1

In 2005, the prison service established “PAIEM” (Programa de Atención Integral a Enfermos Mentales), a programme for prisoners suffering from certain mental illnesses. PAIEM is active in most facilities. The prisoners who participated in the programme in 2017 totalled 2,029, 4.3% of the prison population (1,892 participants in the SGIP prisons and 137 in Catalonia).2 Doctors and psychologists are the primary contributors to PAIEM. The programme also receives periodic support from psychiatrists, personnel specialised in mental health and other professionals such as educators, social workers, legal experts and occupational therapists.2 NGOs also participate in the programme’s operation.

The Spanish Ombudsman reported the unsatisfactory performance of PAIEM in most of the prisons visited. Medical care is limited to diagnosing participants and drug monitoring. Appropriate therapeutic treatment is often missing.3

The CPT noted the lack of healthcare professionals contributing to PAIEM in the facilities visited. No psychiatrists or psychologists were affiliated with the programme: only general practitioners or professionals specialising in other fields.1

The infirmaries in penitentiary centres held 7,432 prisoners with mental disorders in 2020. The percentage of the prison population dealing with serious and chronic mental disorders is estimated at 5%.

Specialised units within correctional facilities

Despite legal provisions, few facilities are equipped with psychiatric units. The two psychiatric prison facilities are in Seville and Alicante, under the control of the Ministry of the Interior.
Brians I prison, in Catalonia, has a psychiatric hospital unit. Brians II has a psychiatric rehabilitation unit that can house 22 patients. This prison also has an arrangement with the Sant Joan de Déu hospital, for the treatment of prisoners with serious mental health problems. These institutions are under the control of the Catalan Department for Justice.

A “polyvalent unit” accommodates female prisoners with mental health disorders at the Wad-Ras prison in Catalonia. The CPT observed that the patients in these units did not receive care or assistance. It deemed the units inappropriate environments for people suffering from mental disorders.4

In all units within correctional facilities, as is the case in the general regime, medication is the only treatment provided to people experiencing mental disorders.

Penitentiary psychiatric hospitals

People deemed to have diminished responsibility at the time of the offence due to their mental disorder are legally required to complete compulsory treatment called a “preventive measure” in a penitentiary psychiatric hospital.5 The country has two penitentiary psychiatric hospitals, Alicante (Fontcalent) and Seville. They are under the authority of the Ministry of the Interior and have 50 spaces each. In 2018, the Alicante hospital held 230 men and 26 women. The Seville hospital totalled 161 men at that time.2

Both facilities have been criticised for overcrowding, poor organisation and insufficient healthcare personnel. They seem to operate more from a penitentiary mindset than a psychiatric one: “Nearly ten years ago, prison facilities were already warning that these places were becoming substitutes for asylums, which have been prohibited since the psychiatric reform of the 1980s”, according to the platform Salud Mental Fuera de las Prisiones.

The Spanish Ombudsman noted a shortage of specialised professionals, especially in the Seville penitentiary psychiatric hospital. This facility has four psychiatrist posts to address the needs of 169 prisoners; however, in 2017, only one post was filled.3

General psychiatric hospitals

People under “preventive measures” can be held in general psychiatric hospitals if they are not considered “dangerous”.
Police officers are responsible for ensuring security at general psychiatric hospitals. They carry out surveillance of the prisoners held in these facilities.

Psychiatric units within prisons are few and far between, despite the legal measures put in place.


  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 27 September to 10 October 2016, November 2017, p.45.  

  2. Vincent Delbos et al., Évaluation des Unités Hospitalières spécialement aménagées (UHSA) pour les personnes détenues, December 2018, pp.112-114 (in French).   

  3. Spanish Ombudsman, 2017 Annual Report, 2018, p.168 (in Spanish).  

  4. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 6 to 13 September 2018, February 2020, p.56. 

  5. Articles 95 to 108 of the Penal Code (Codigo penal

  • The General Secretariat of Penitentiary Institutions announced in 2023 that the Alcalá de Guadaíra women’s prison in Seville would be converted into a penitentiary psychiatric hospital in order to provide specialist care for prisoners with mental disorders. The estimated cost is 5.8 million euros, and the hospital would open in 2025.

    The building has two storeys and will have 20 beds for newly admitted people, people under suicide prevention measures, and people experiencing psychosis. It will include three different units: acute, stable and open.

    i
    26/10/2023
    / M.I. Colegio de Abogados de Pamplona
  • The CCOO is requesting the opening of a prison psychiatric wing in Galicia. It argues that 30% of the prison population suffers from mental health issues. 1,206 prisoners in the region have received diagnoses.

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    15/05/2023
    / Europapress

The Ombudsman has noticed a lack of specialist personnel, notably in the prison psychiatric hospital in Seville. There are four vacancies for psychiatrists in the institution. At the time of the delegation’s visit in 2017, there was only one psychiatrist available to meet the needs of 169 inmates1.


  1. National Preventive Mechanism “MNP Annual Report 2017”, 2018, p.168. (in Spanish)” 

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Inmates with addictions have particular services available:

  • Smoking: the percentage of smokers among prisoners is higher than in the outside population. The prison administration has been increasing smoking information and awareness campaigns since 2012. It has organised conferences and individual cessation programmes. The length of the programmes varies between two and three months and the participants have a follow-up assessment at the end of their programme. In 2016, the programme was in place in 18 establishments and was involved in the treatment of 315 inmates.

  • Alcoholism: a programme provides awareness of the risks of excessive consumption of alcohol, suggests strategies to abstain and organises group workshops to motivate the patients. The average number of participants in the programme is 1,300 inmates per quarter.

  • Drug addiction: the war on drugs is one of the key priorities of prison health programmes. Many intervention programmes have been developed around three fundamentally interdependent areas: prevention, assistance and social reintegration. Dedicated therapy areas have been set up. Inmates with drug dependencies can access substitute treatments, like methadone.

  • In October 2023, the Association for Human Rights in Andalusia (APDHA) criticised the lack of access for women at Puerto III Prison to intervention programmes for mental health and substance use disorders.

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    11/10/2023
    / Asociación Pro Derechos Humanos de Andalucía (APDHA)
  • A survey conducted by the Ministry of Health on a sample of 5,512 prisoners revealed that cannabis is the most-consumed drug in prison (the same is true outside of prison). 11.2% of respondents consume cannabis in prison, 1.6% of whom say their consumption started in prison. 7.8% of respondents consume non-prescription tranquilisers in prison, 26% of whom say their consumption started in prison.

    1.3% of respondents consume cocaine in prison, 1% of whom say their consumption started in prison. 1.4% of respondents consume heroin in prison, 14.7% of whom say their consumption started in prison. 20.8% of prisoners say they have received treatment for their substance use disorder during their incarceration. The most common treatment is for heroin addiction. 62.6% of individuals who have received treatment to combat opiate dependence received methadone treatment. 81.8% of individuals treated for alcohol use disorder received psychological therapy, and 18.2% received pharmacological treatment. Alcohol is the most-consumed psychoactive substance prior to entering prison and the least-consumed once in prison (2% of respondents had consumed it in the 30 days prior to the survey). In 44.6% of cases, addiction management is provided exclusively by prison staff; 27.7% of the time exclusively by external professionals; and 27.7% by prison staff and external professionals working together.

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    06/2023
    / Government Delegation for the National Plan on Drugs, Survey on Health and Drug Use in the Inmate Population in Penitentiary Institutions (ESDIP)
  • The Joint Committee on Addiction Problems approved, with a unanimous vote (32 to 0), a non-legislative proposal from the Partido Popular relating to the use of non-prescription tranquilisers on prisoners.

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    25/04/2023
    / Infosalus