NCJ Number
137890
Journal
Howard Journal of Criminal Justice Volume: 31 Issue: 2 Dated: (May 1992) Pages: 89-104
Date Published
1992
Length
16 pages
Annotation
The spread of HIV among the prison community in England is the subject of considerable concern among prisoners' rights groups and correctional administrators. Four areas related to the care of HIV-positive inmates are examined: HIV testing, confidentiality of information concerning HIV- positive inmates, the comparison of health care provided to HIV-positive persons inside and outside of prison, and the involvement of HIV-positive inmates in experimental drug trials.
Abstract
In the British prison system, HIV testing may take place to enable a diagnosis of HIV infection, to collect epidemiological information on HIV infection, or to identify and isolate HIV-positive prisoners. While current Home Office policy is that information regarding HIV-positive inmates can only be disclosed on a need-to-know basis, in reality, confidentiality of such information is rarely observed. Furthermore, the right to confidentiality of the prison patient under British law is uncertain. In England, an HIV-positive person has a wider choice of care options outside prison than inside and courts are not yet prepared to accept the concept that prisoners are entitled to the same standard of medical care as civilians. While the Council of Europe holds that prisoners cannot participate in medical experiments that may result in physical or moral injury, HIV-infected prisoners may well choose to challenge such protective rules. Prisoners' rights groups must bear in mind that the right to health of the HIV-positive inmate is identical to that enjoyed by any individual. 1 note and 50 references (Author abstract modified)