People with HIV Have the Right to Not be Subjected to Cruel, Inhumane or Degrading Treatment / Wendy Iriepa and Ignacio Estrada
People with HIV Have the Right to Not be Subjected to Cruel, Inhumane or
Degrading Treatment / Wendy Iriepa and Ignacio Estrada
Translator: Unstated, Wendy Iriepa and Ignacio Estrada
The right not to be subjected to cruel, inhumane or degrading treatment
or penalties should be addressed in several ways in the context of HIV
in Cuba, for example in the treatment of prisoners who are sick.
The penalty of imprisonment should not provoke the loss of those rights
or of dignity. In particular, the State, through the penal authorities,
has the duty to care for prisoners. This implies the duty to protect the
rights, life and health of all people in their custody.
Denying prisoners access to information, education and means of
prevention (disinfectants, condoms and sterile injecting equipment) with
respect to HIV / AIDS, voluntary testing and counseling, confidentiality
and health care to HIV/AIDS and the ability to participate.
The National Directorate of Prisons in Cuba has recognized a total of
six prisons for inmates with HIV/AIDS. Prisons that do not differentiate
between the treatment of healthy prisoners and the prison population
affected by this disease.
Inmates who commit dangerous acts, such as rape and sexual violence
should be punished regardless of their HIV/AIDS status. There is no
reason for the health or security authorities to justify mandatory HIV
testing or to refuse prisoners living with HIV the chance to perform all
the activities available to the rest of the prison population. The only
justification for segregation of people living with HIV in the prison
population would be the preservation of their own health.
The Cuban state should consider that prisoners with a terminal illness,
including AIDS, be given early release and given proper treatment
March 19 2012