This note considers the conditions of overcrowding in prisons and/or detention facilities and inmates' health and well-being. The article consideres the the South African case Lee v Minister of Correctional Services (CCT 20/12) [2012] ZACC 30 (11 December 2012) and a case decided by the European Court of Human Rights, Kalashnikov v Russia [2002] ECHR 596 (2003) 36 EHRR 34. References are also made to how overcrowding in prisons in Canada, impact on the health and well-being of inmates. States responsibility to ensure that prisoners/detainees are kept under conditions that preserve their human dignity and meet their basic health rights and entitlements are emphasised in this article.