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Advancing the Human Right to Health$
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José M. Zuniga, Stephen P. Marks, and Lawrence O. Gostin

Print publication date: 2013

Print ISBN-13: 9780199661619

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199661619.001.0001

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The right to health in prison

The right to health in prison

Chapter:
(p.291) Chapter 21 The right to health in prison
Source:
Advancing the Human Right to Health
Author(s):

Joanne Mariner

Rebecca Schleifer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199661619.003.0021

This chapter reviews the international standards that guarantee, in principle, prisoners’ right to health. It delineates not only the requirements set out under these standards, but also describes strategies for ensuring that these standards are met. The right to health in prison lies at the nexus of so-called ‘positive’ and ‘negative’ rights. Having taken the step of depriving prisoners of their liberty and their ability to provide for their own healthcare, the government is under an affirmative obligation to protect their right to health. In other words, in many instances the only way for the government to comply with its duty not to subject prisoners to ill-treatment is for it to provide adequate healthcare.

Keywords:   human rights, healthcare, prisoners, health policy

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