At the onset of the vaccination campaign against COVID-19 pandemic, Israel’s Health Ministry established a vaccination rollout plan, and included prisoners and prison guards as two groups of individuals to benefit in priority of the vaccination. Shortly after, a public controversy erupted when then Public Security Minister ordered to hold on the vaccination of prisoners until a clear authorization from his office was given, and in line with the progress of vaccination in the general public – an order given in contradiction to the positions of the Ministry of Health and the Attorney-General.

Petitions were filed to the High Court of Justice, following which the Minister’s order was reversed, thus enabling the State to vaccinate within a week all prisoners who had no health limitations to receive the vaccination and wanted to receive it.

Still, the Court decided to publish a judgment (HCJ 158/21, 166/21 and 204/21), and, on 19 January 2021, it seized the opportunity to emphasize the principle that a prisoner, like any other person, is eligible to medical care, and should not be discriminated against in this regard. Convicted prisoners have received their verdict from the Justice system, and should not be further punished by other means. Moreover, the State, being the custodian of its prisoners, has a special obligation to grant them the medical care they need and are entitled to. This is well established in Israel’s laws and practice.

It further established that the Ministry of Public Security does not have the authority to give direct orders to the Israeli Prison Service in general, and in particular to withhold or delay health care for prisoners. Therefore, the order not to vaccinate the prisoners was not valid, in particular when the instructions by the Ministry of Health clearly stated that prisoners and prison guards be vaccinated as a matter of first priority.