Prison Needle Exchange: Lessons from a Comprehensive Review ...

Human Rights and
Legal Standards
Numerous international instruments address the rights of prisoners and prisoners’ access to
health services. These international instruments are relevant in the context of injection drug
use and HIV/AIDS and HCV transmission in prisons. Taken together, these laws, rules,
guidelines, and standards are an expression of the norms that should guide decision-makers,
both legislators and prison authorities. It is important to distinguish between two general categories
of instruments that protect rights, as each has different implications for governments.
International human rights law is binding on governments; international rules, standards, and
guidelines are not law, and are therefore not binding on governments.
International human rights law
Human rights are legally guaranteed under existing human rights laws adopted by international
bodies. They protect all humans, both groups and individuals, against actions that
interfere with their fundamental freedoms and human dignity. Human rights are primarily
concerned with the relationship between a person or groups of people and the state, and
impose obligations on states to respect, protect, and fulfil certain fundamental rights. The
community of nations has recognized that all human rights are universal, interdependent, and
interrelated. 78 States have a duty, regardless of their political, economic, and cultural systems,
to protect and promote human rights.
Numerous international laws, while general in nature, are relevant to the rights of prisoners
in the context of HIV/AIDS epidemic:
• International Covenant on Civil and Political Rights 79
• International Covenant on Economic, Social and Cultural Rights 80
• African Charter on Human and Peoples’ Rights 81
• American Convention on Human Rights 82
14 Prison Needle Exchange: Lessons from a Comprehensive Review of International Evidence and Experience