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Article
Publication date: 1 January 2008

Rick Lines

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise…

1181

Abstract

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non‐binding or so‐called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

Details

International Journal of Prisoner Health, vol. 4 no. 1
Type: Research Article
ISSN: 1744-9200

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Abstract

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The Spectacle of Criminal Justice: Mass Media and the Criminal Trial
Type: Book
ISBN: 978-1-83982-823-2

Article
Publication date: 1 April 2006

Jörg Pont

Health care practitioners in prison face the challenge of providing high standards of health care within the unique peculiarities and restraints of the prison environment. The…

828

Abstract

Health care practitioners in prison face the challenge of providing high standards of health care within the unique peculiarities and restraints of the prison environment. The strict adherence to principles of medical ethics by the prison health care staff and the knowledge and acceptance of these principles by the whole prison community not only results in ethical conduct but also yields practical professional advantages such as guidance in situations of conflict, promotion of confidence and avoidance of misunderstandings. The internationally consented conventions, declarations and recommendations relevant on medical ethics in prison are presented and their basic principles ‐ the primary task of the prison doctor, access to a doctor, equivalence of care, patient’s consent and confidentiality, preventive health care, humanitarian assistance, professional independence, professional competence ‐ are discussed. In addition, the personal obligation of the prison doctor for ethical reflection and decision making in individual ethical issues not covered by the quoted documents and in ethically controversial issues is emphasized. A training course and published guidelines for ethical conduct in prison health care are recommended.

Details

International Journal of Prisoner Health, vol. 2 no. 4
Type: Research Article
ISSN: 1744-9200

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Article
Publication date: 17 December 2020

Michael Dudley, Peter Young, Louise Newman, Fran Gale and Rohanna Stoddart

Indefinite immigration detention causes well-documented harms to mental health, and international condemnation and resistance leave it undisrupted. Health care is non-independent…

Abstract

Purpose

Indefinite immigration detention causes well-documented harms to mental health, and international condemnation and resistance leave it undisrupted. Health care is non-independent from immigration control, compromising clinical ethics. Attempts to establish protected, independent clinical review and subvert the system via advocacy and political engagement have had limited success.

The purpose of this study is to examine the following: how indefinite detention for deterrence (exemplified by Australia) injures asylum-seekers; how international legal authorities confirm Australia’s cruel, inhuman and degrading treatment; how detention compromises health-care ethics and hurts health professionals; to weigh arguments for and against boycotting immigration detention; and to discover how health professionals might address these harms, achieving significant change.

Design/methodology/approach

Secondary data analyses and ethical argumentation were employed.

Findings

Australian Governments fully understand and accept policy-based injuries. They purposefully dispense cruel, inhuman and degrading treatment and intend suffering that causes measurable harms for arriving asylum-seekers exercising their right under Australian law. Health professionals are ethically conflicted, not wanting to abandon patients yet constrained. Indefinite detention prevents them from alleviating sufferings and invites collusion, potentially strengthening harms; thwarts scientific inquiry and evidence-based interventions; and endangers their health whether they resist, leave or remain. Governments have primary responsibility for detained asylum-seekers’ health care. Health professional organisations should negotiate the minimum requirements for their members’ participation to ensure independence, and prevent conflicts of interest and inadvertent collaboration with and enabling systemic harms.

Originality/value

Australia’s aggressive approach may become normalised, without its illegality being determined. Health professional colleges uniting over conditions of participation would foreground ethics and pressure governments internationally over this contagious and inexcusable policy.

Details

International Journal of Migration, Health and Social Care, vol. 17 no. 1
Type: Research Article
ISSN: 1747-9894

Keywords

Article
Publication date: 1 June 1981

John C. O'Brien

The purpose of this article is expository in the main; critical to a lesser degree. It will attempt to show how Karl Marx, enraged by the imperfections and inhumanity of the…

1565

Abstract

The purpose of this article is expository in the main; critical to a lesser degree. It will attempt to show how Karl Marx, enraged by the imperfections and inhumanity of the capitalist society, “fought” for its supersession by the communist society on which he dwelt so fondly, that society which would emerge from the womb of a dying capitalism. It asks such questions as these: Is it possible to create the truly human society envisaged by Marx? Is perfection of man and society a mere will‐o'‐the‐wisp? A brief analysis, therefore, of the imperfections of capitalism is undertaken for the purpose of revealing the evils which Marx sought to eliminate by revolution of the most violent sort. In this sense, the nature of man under capitalism is analysed. Marx found the breed wanting, in a word, dehumanised. An attempt is, therefore, made to discuss the new man of Marxism, man's own creation, and the traits of that new man, one freed at last from the alienating effects of private property, division of labour, money, and religion. Another question that springs to mind is this: how does Marx propose to transcend alienation?

Details

International Journal of Social Economics, vol. 8 no. 6
Type: Research Article
ISSN: 0306-8293

Book part
Publication date: 15 October 2018

Gen Sander and Rick Lines

The intersection between drug control and the death penalty represents a key nexus for human rights and drug reform advocacy and constitutes one of the most visible examples of…

Abstract

The intersection between drug control and the death penalty represents a key nexus for human rights and drug reform advocacy and constitutes one of the most visible examples of the link between abusive law enforcement and drug control in the current period. The issue has emerged as a flashpoint of international debates on drugs and is one that raises important questions and challenges for both ‘abolitionist’ countries that oppose the death penalty and ‘retentionist’ States that continue to execute people. The death penalty for drug offences cannot be dismissed as simply an internal matter for States. Not only do executions for drug offences violate significant international human rights legal protections, domestic capital punishment laws in many cases cannot be separated from the influence of the international drug control treaty regime. This chapter will explore the question of the death penalty for drug offences and the challenges it presents for the international drug control regime more broadly.1

Details

Collapse of the Global Order on Drugs: From UNGASS 2016 to Review 2019
Type: Book
ISBN: 978-1-78756-488-6

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Abstract

Details

Stem-Professional Women’s Exclusion in the Canadian Space Industry
Type: Book
ISBN: 978-1-78769-570-2

Abstract

Details

Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery
Type: Book
ISBN: 978-1-80043-607-7

Article
Publication date: 5 July 2021

Marie Claire Van Hout

The purpose of this paper was to conduct a legal realist assessment of women’s situation in European immigration detention which focuses on relevant international and European…

Abstract

Purpose

The purpose of this paper was to conduct a legal realist assessment of women’s situation in European immigration detention which focuses on relevant international and European human rights instruments applicable to conditions and health rights in detention settings, academic literature and relevant European Court of Human Rights (ECtHR) jurisprudence since 2010.

Design/methodology/approach

In spite of the United Nations human rights frameworks and European Union (EU) standards, conditions in European immigration detention settings continue to pose a health risk to those detained. Migrant health rights when detained are intertwined with the right not to be subjected to arbitrary detention, detention in conditions compatible for respect for human dignity and right to medical assistance. Migrant women are particularly vulnerable requiring special consideration (pregnant and lactating women; single women travelling alone or with children; adolescent girls; early-married children, including with newborn infants) in immigration detention settings.

Findings

The situation of women in immigration detention is patchy in EU policy, academic literature and ECtHR jurisprudence. Where referred to, they are at best confined to their positionality as pregnant women or as mothers, with their unique gendered health needs ill-resourced. ECtHR jurisprudence is largely from male applicants. Where women are applicants, cases centre on dire conditions of detention, extreme vulnerability of children accompanying their mother and arbitrary or unlawful detention of these women (with child).

Originality/value

Concerns have been raised by the European Parliament around immigration detention of women including those travelling with their children. There is a continued failure to maintain minimum and equivalent standards of care for women in European immigration detention settings.

Details

International Journal of Prisoner Health, vol. 18 no. 1
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 15 February 2021

Md. Saidur Rahaman, Syed Muhammod Ali Reza, Md. Mizanur Rahman and Md. Solaiman Chowdhury

Throughout history, tea garden workers are treated as slaves of employers and live an inhuman life in modern society. This paper aims to provide an account of the deplorable…

Abstract

Purpose

Throughout history, tea garden workers are treated as slaves of employers and live an inhuman life in modern society. This paper aims to provide an account of the deplorable community (workers) of the tea garden in Bangladesh.

Design/methodology/approach

The authors used a mixed-method research approach to conduct this study. In the first stage, using a semi-structured questionnaire, Focus group discussions (FGDs) were done by forming two groups from two districts to get a clear picture of the tea garden workers’ living standards in Bangladesh. Based on the findings of the FGD, the researchers prepared a structured questionnaire containing the basic elements of their quality of work life. In this stage, the authors collected the information from 200 tea workers about their quality of work life.

Findings

The major finding showed that the overall country’s economy is booming because of tea workers’ contributions, but their economic conditions gradually become impoverished. The workers’ are living with colossal poverty and vulnerability. Besides, the workers are supposed to get fundamental rights, including food, clothing, shelter, education and health, but the higher authorities were found indifferent to take the necessary initiative to implement these rights.

Research limitations/implications

The data was collected only from the tea garden workers. This study excluded any other parties (trade union leaders, panchayats, garden managers and owners). Thus, it is suggested that the researchers should conduct a similar study covering the opinion, including all the parties.

Practical implications

Both the workers and the higher authorities of the tea garden might benefit from this study’s findings. Workers will be more aware of their basic rights. The authorities can also prepare some effective policies to improve the overall quality of life of the tea workers.

Originality/value

To the best knowledge of the authors, this is the first study on tea garden workers’ inhuman life in Bangladesh in the entire emerald insight publishers.

Details

Journal of Enterprising Communities: People and Places in the Global Economy, vol. 15 no. 4
Type: Research Article
ISSN: 1750-6204

Keywords

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