Zambia: Health Rights of HIV-Positive Prisoners

Salc : Staff Writer

SALC is working with the Legal Resources Foundation in Zambia to secure the rights of HIV-positive prisoners to treatment, adequate food and improvements to prison conditions. The applicant inmates alleged that they only get two meals a day which makes it impossible for them to take their HIV treatment, in violation of their right to life under the Zambian Constitution. They further allege that the conditions in the prison make it more likely that they will acquire opportunistic infections such as tuberculosis. The High Court heard  testimonies from various witnesses in December 2012 and September 2013. On 29 April 2016, the High Court, per Kabuka J, held that the prisoners had proved their claims and that their treatment amounted to a violation of the prohibition against inhuman treatment. The Court nevertheless dismissed the petition on the basis that it was not justiciable. The applicants have appealed the High Court decision.

Lusaka Central Prison Case Summary
High Court Judgment

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