Do prisoners in South Africa have a constitutional right to a holistic approach to antiretroviral treatment

Abstract

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.