HIV/AIDS, prisons and the Human Rights Act.

Abstract

This article considers current practice in the treatment of HIV positive prisoners, in light of the rights contained in the Human Rights Act, and of international standards. In particular, the article considers the current practice of the prison service in relation to measures to prevent the spread of HIV, including the provision of condoms, and needle exchange programmes, and considers the extent of positive obligations on the prison service to take such preventative measures. The adequacy of medical care available to HIV positive prisoners, and the obligations on the prison service in relation to medical confidentiality, are also examined. The author assesses the possibilities for legal challenges under the Human Rights Act, and suggests that the Convention may be a useful tool for policy development in this area.