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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Main Authors: Nasreen Motala, David McQuoid-Mason
Format: Article
Language:English
Published: South African Medical Association 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
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author Nasreen Motala
David McQuoid-Mason
author_facet Nasreen Motala
David McQuoid-Mason
author_sort Nasreen Motala
collection DOAJ
description 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.
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spelling doaj.art-65316e6393124a639b369677769223f22024-02-02T21:55:46ZengSouth African Medical AssociationSouth African Journal of Bioethics and Law1999-76392013-11-0162404410.7196/SAJBL.290Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatmentNasreen MotalaDavid McQuoid-MasonThe 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.http://www.sajbl.org.za/index.php/sajbl/article/download/290/309
spellingShingle Nasreen Motala
David McQuoid-Mason
Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatment
South African Journal of Bioethics and Law
title Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatment
title_full Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatment
title_fullStr Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatment
title_full_unstemmed Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatment
title_short Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatment
title_sort do prisoners in south africa have a constitutional right to a holistic approach to antiretroviral treatment
url http://www.sajbl.org.za/index.php/sajbl/article/download/290/309
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