Segregation of HIV-Positive Prisoners

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Members of Act-Up! Madison protest in favour of distributing clean needles to prison inmates to combat the spread of HIV Members of Act-Up! Madison protest in favour of distributing clean needles to prison inmates to combat the spread of HIV

The continued segregation of HIV-positive inmates is not only unnecessary, it causes humiliation and isolation of prisoners living with HIV.

This is according to United States District Judge Myron Thompson who, in the final days of 2012, ruled in favour of the American Civil Liberties Union (ACLU), the organisation behind a lawsuit claiming this continued practice in USA prisons, specifically Alabama, violated the Americans with Disabilities Act (ADA).1

Following this victory for the human rights of people living with HIV in the USA, there is only one state, South Carolina, continuing the segregation of HIV-positive inmates, under the false belief that this is an effective way to prevent HIV transmission.

The segregation of prisoners fails to address the need for universal access to condoms, safe injecting equipment and HIV and other blood-borne virus (BBV) prevention information in prisons. HIV is but one blood-borne virus that is prevalent in prisons. Hepatitis B and C are not only transmitted in the same way as HIV, but are also very common among prisoners due to the high number of people who use drugs in prison. It is estimated that anywhere between 56 and 90 percent of people who use drugs will be incarcerated at some point in their lives.  Moreover, the fact that, globally, 25 percent of people with HIV are unaware of their status, lends weight to the claim that access to BBV prevention methods should be universal; that includes within the parameters of our prisons.

Moreover, the right to keep one's HIV status confidential is effectively removed by the segregation of HIV-positive prisoners. It also often results in them being denied the same rights as other inmates, for example, HIV-positive prisoners living in the USA were not entitled to apply for a prison job or be associated with community group pre-release programmes.

Without access to HIV prevention knowledge and the tools to protect themselves, many prisoners are at risk of HIV transmission. To address a global epidemic, where a large proportion of people are unaware that they are living with HIV, evidence-based, HIV prevention interventions are needed to ensure the health of inmates; not segregation that both stigmatises and discriminates.

Visit AVERT’s page for an in-depth article about ‘Prisons, Prisoners and HIV/AIDS’ around the world.

Nominet Winner 2012