Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatment

The prevalence of AIDS in prisons is believed to be higher than in the broader community. While the courts have used their powers to enforce prisoners’ rights in terms of the Constitution, specifically their right to medical treatment, the state needs to adopt a holistic approach when providing an...

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Bibliographic Details
Main Authors: Nasreen Motala, David McQuoid-Mason
Format: Article
Language:English
Published: Health and Medical Publishing Group 2013-11-01
Series:South African Journal of Bioethics and Law
Online Access:http://www.sajbl.org.za/index.php/sajbl/article/download/290/309
Description
Summary:The prevalence of AIDS in prisons is believed to be higher than in the broader community. While the courts have used their powers to enforce prisoners’ rights in terms of the Constitution, specifically their right to medical treatment, the state needs to adopt a holistic approach when providing antiretroviral therapy (ART) for prisoners. Failing to provide support for ART, beyond its mere provision, would offend the values of the Constitution. This support includes comprehensive HIV and AIDS care and prevention, treatment of opportunistic infections, access to nutritional supplements, access to palliative care and compassionate release. Counteracting challenges to the implementation of effective treatment, care and support strategies will require committed endeavours by the Department of Correctional Services.
ISSN:1999-7639