Public International Law Volume Ii
Public International Law Volume Ii
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PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II
Chapter IV. Hygiene and Medical Attention
Art. 91. Every place of internment shall have an adequate
infirmary, under the direction of a qualified doctor, where
internees may have the attention they require, as well as
an appropriate diet. Isolation wards shall be set aside for
cases of contagious or mental diseases.
Maternity cases and internees suffering from serious
diseases, or whose condition requires special treatment, a
surgical operation or hospital care, must be admitted to
any institution where adequate treatment can be given
and shall receive care not inferior to that provided for the
general population.
Internees shall, for preference, have the attention of
medical personnel of their own nationality.
Internees
may
not
be
prevented
from
presenting
themselves to the medical authorities for examination.
The medical authorities of the Detaining Power shall,
upon request, issue to every internee who has undergone
treatment an official certificate showing the nature of his
illness or injury, and the duration and nature of the
treatment given. A duplicate of this certificate shall be
forwarded to the Central Agency provided for in Article
140.
Treatment,
including the provision of any apparatus
necessary for the maintenance of internees in good
health,
particularly
dentures
and
other
artificial
appliances and spectacles, shall be free of charge to the
internee.
Art. 92. Medical inspections of internees shall be made at
least once a month. Their purpose shall be, in particular,
to supervise the general state of health, nutrition and
cleanliness
of
internees,
and
to
detect
contagious
diseases, especially tuberculosis, malaria, and venereal
diseases. Such inspections shall include, in particular, the
checking of weight of each internee and, at least once a
year, radioscopic examination.
Chapter V. Religious, Intellectual and Physical Activities
Art. 93. Internees shall enjoy complete latitude in the
exercise of their religious duties, including attendance at
the services of their faith, on condition that they comply
with the disciplinary routine prescribed by the detaining
authorities.
Ministers of religion who are interned shall be allowed to
minister freely to the members of their community. For
this purpose the Detaining Power shall ensure their
equitable
allocation
amongst
the
various
places
of
internment in which there are internees speaking the
same language and belonging to the same religion.
Should
such
ministers
be
too
few
in
number,
the
Detaining Power shall provide them with the necessary
facilities, including means of transport, for moving from
one place to another, and they shall be authorized to visit
any internees who are in hospital. Ministers of religion
shall be at liberty to correspond on matters concerning
their ministry with the religious authorities in the country
of detention and, as far as possible, with the international
religious
organizations
of
their
faith.
Such
correspondence shall not be considered as forming a part
of the quota mentioned in Article 107. It shall, however, be
subject to the provisions of Article 112.
When
internees
do
not
have
at
their
disposal the
assistance of ministers of their faith, or should these latter
be too few in number, the local religious authorities of the
same faith may appoint, in agreement with the Detaining
Power, a minister of the internees' faith or, if such a
course is feasible from a denominational point of view, a
minister of similar religion or a qualified layman. The
latter shall enjoy the facilities granted to the ministry he
has assumed. Persons so appointed shall comply with all
regulations laid down by the Detaining Power in the
interests of discipline and security.
Art. 94. The Detaining Power shall encourage intellectual,
educational and recreational pursuits, sports and games
amongst internees, whilst leaving them free to take part
in them or not. It shall take all practicable measures to
ensure the exercice thereof, in particular by providing
suitable premises.
All possible facilities shall be granted to internees to
continue their studies or to take up new subjects. The
education of children and young people shall be ensured;
they shall be allowed to attend schools either within the
place of internment or outside.
Internees
shall
be
given
opportunities
for
physical
exercise, sports and outdoor games. For this purpose,
sufficient open spaces shall be set aside in all places of
internment. Special playgrounds shall be reserved for
children and young people.
Art. 95. The Detaining Power shall not employ internees
as workers, unless they so desire. Employment which, if
undertaken under compulsion by a protected person not
in internment, would involve a breach of Articles 40 or 51
of the present Convention, and employment on work
which is of a degrading or humiliating character are in
any case prohibited.
After a working period of six weeks, internees shall be free
to give up work at any moment, subject to eight days'
notice.
These provisions constitute no obstacle to the right of the
Detaining Power to employ interned doctors, dentists
and
other
medical
personnel
in
their
professional
capacity on behalf of their fellow internees, or to employ
internees for administrative and maintenance work in
places of internment and to detail such persons for work
in the kitchens or for other domestic tasks, or to require
such persons to undertake duties connected with the
protection of internees against aerial bombardment or
other war risks. No internee may, however, be required to
perform tasks for which he is, in the opinion of a medical
officer, physically unsuited.
The Detaining Power shall take entire responsibility for all
working
conditions,
for
medical
attention,
for
the
payment of wages, and for ensuring that all employed
internees
receive
compensation
for
occupational
accidents and diseases. The standards prescribed for the
said working conditions and for compensation shall be in
accordance with the national laws and regulations, and
with the existing practice; they shall in no case be inferior
to those obtaining for work of the same nature in the
same district. Wages for work done shall be determined
on an equitable basis by special agreements between the
internees, the Detaining Power, and, if the case arises,
employers other than the Detaining Power to provide for
free
maintenance
of
internees and for the medical
attention
which
their
state
of
health
may
require.
Internees permanently detailed for categories of work
mentioned in the third paragraph of this Article, shall be
paid fair wages by the Detaining Power. The working
conditions
and
the
scale
of
compensation
for
occupational accidents and diseases to internees, thus
detailed, shall not be inferior to those applicable to work
of the same nature in the same district.
Art.96. All labour detachments shall remain part of and
dependent upon a place of internment. The competent
authorities of the Detaining Power and the commandant
of a place of internment shall be responsible for the
observance in a labour detachment of the provisions of
the present Convention. The commandant shall keep an
up-to-date list of the labour detachments subordinate to
him and shall communicate it to the delegates of the
Protecting Power, of the International Committee of the
Red Cross and of other humanitarian organizations who
may visit the places of internment.
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