HIV/AIDS at the intersection of public health and criminal justice: toward an evidence-informed, health- and human rights-based approach

2021 ◽  
pp. e1-e5
Author(s):  
Jörg Pont ◽  
Stefan Enggist ◽  
Heino Stöver ◽  
Stéphanie Baggio ◽  
Laurent Gétaz ◽  
...  

This article considers health and human rights implications for people deprived of liberty during the COVID-19 crisis. The health risks of incarceration for individual and community health, particularly in overcrowded and underresourced prisons and detention centers, are well known, but with the COVID-19 pandemic have become a public health emergency. Physical distancing in prisons is hardly manageable, and protective means are poor or lacking. Emergency releases have been shown to be feasible in terms of public safety but lack sustainability in reducing the number of people living in detention, and, globally, only a small proportion of them have been released. Without controlling the infection inside prisons, global efforts to tackle the spread of the disease may fail. People living in detention are not only more vulnerable to infection with COVID-19 but they are also especially vulnerable to human rights violations induced by inappropriate restrictions under the pretext of infection control. Therefore, alternatives for detention should be promoted and the number of incarcerated people radically decreased. This article calls on policymakers and all professionals involved in public health and criminal justice not to waste the opportunities provided by the crisis but to act now. (Am J Public Health. Published online ahead of print April 15, 2021: e1–e5. https://doi.org/10.2105/AJPH.2021.306170 )


2018 ◽  
pp. 106-117
Author(s):  
Thérèse Murphy

This chapter asks: Is AIDS an object of international law? It accepts that the question is problematic but argues that answering it might allow international law to be seen differently. Drawing on public health responses to HIV/AIDS, the chapter explores this argument across three related dimensions: crisis, human rights, and law itself. Each of these is central to how we frame international law, which means that reframing them is likely to interrupt international law ‘as usual’—put differently, it is likely to interrupt the ‘order of things’.


Author(s):  
Flood Colleen M ◽  
Thomas Bryan

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.


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