Overcrowding in Prisons: A Health Risk in Need of (Re)Consideration

Health Law Review (2013) Vol. 21(2), 33-38

6 Pages Posted: 30 Jun 2014

See all articles by Andra le Roux-Kemp

Andra le Roux-Kemp

Lincoln Law School, University of Lincoln (UK)

Date Written: 2013

Abstract

This commentary will consider two cases: a decision of South Africa’s Constitutional Court, and a Russian case heard by the European Court of Human Rights. In both cases it was argued that the conditions of overcrowding in the prison/detention facility had a direct and negative impact on the inmates’ health and well-being. The South African case of Lee v Minister of Correctional Services was the first Constitutional Court case in which it was argued that overcrowding in a prison facility adversely affects prisoners’ health rights. And, while the European Court of Human Rights has decided a number of cases on how overcrowding in prisons and detention facilities infringes on inmates’ rights to privacy and human dignity, the case of Kalashnikov v Russia was also the first case in which the health risks of overcrowding in prisons and detention facilities were highlighted, and it was demanded that the relevant authorities take responsibility to ensure that prisoners’/detainees’ health rights are met and their right to human dignity preserved.

Keywords: Overcrowding in prisons, South Africa, Russia, European Court of Human rights, South African Constitutional Court, Prisoner health and well-being, Health rights, Prisoners, Detainees, Right to Human Dignity

Suggested Citation

le Roux-Kemp, Andra, Overcrowding in Prisons: A Health Risk in Need of (Re)Consideration (2013). Health Law Review (2013) Vol. 21(2), 33-38. Available at SSRN: https://ssrn.com/abstract=2460431

Andra Le Roux-Kemp (Contact Author)

Lincoln Law School, University of Lincoln (UK) ( email )

Lincoln LN2
United Kingdom

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