Model law to address HIV/AIDS in prison

Abstract

This paper makes the case for, and describes an effort to develop and promote the use of, model law to address HIV/AIDS in prisons. First, it outlines the concept of model law and what model law can bring to advocacy around law reform. Second, it describes why model law is particularly important to safeguard the rights of prisoners and people who use drugs. Third, it relates the methodology involved in developing model law. Three important areas of prison law and regulation related to HIV/AIDS are then described: provisions on the likelihood and duration of incarceration, including periods in pretrial detention; the legal foundation for HIV/AIDS care in prison; and the legal framework for comprehensive harm reduction services in prisons. A legislative framework to address rape and sexual violence in prison is also outlined. The paper sets out broad principles of how prison laws and regulations should be reformed to accord with human rights principles, and provides a number of examples of the specific wording of certain provisions.