A/HRC/38/36
prisons as tuberculosis incubators, with as few as 18 per cent of prisons in high-burden
tuberculosis countries having access to such tools. 74
91.
Excessive hospitalization, in some cases in prison-like hospital conditions for
multidrug-resistant (MDR) and extensively-drug resistant (XDR) tuberculosis, is also an
issue of concern. Many countries default to isolation, particularly in the context of such
drug-resistant strains of tuberculosis. This results in fear and mistrust in public-health
systems and inadequately supports the realization of the right to health of people with
tuberculosis. Prolonged isolation, used for lengthy treatment of such drug-resistant
tuberculosis, has also shown to induce feelings of fear, anger, self-blame, depression and
suicide; there have been similar findings among incarcerated individuals. 75 This is
unsurprising, as persons with the disease perceive prolonged isolation as imprisonment.
B.
Community-based care and tuberculosis
92.
WHO recognizes that community-based care can achieve results comparable to
those of hospitalization and may result in decreased nosocomial spread of tuberculosis, and
emphasizes that community-based care should always be considered before isolation. 76
Forced isolation is unethical and is not in conformity with the right to health.
93.
Despite the evidence, and ethical and rights-based considerations, some criminal
laws provide for confinement and punitive practices as part of national responses to
tuberculosis. While these may be perceived as “public-health” measures to stem the spread
of the disease, they entail significant human rights violations and further harm public health,
undermining efforts to effectively address the disease. Rather than relying heavily on
confinement, a rights-based approach calls for the development of well-resourced
community health-care options, ensuring that persons with tuberculosis have adequate
information, nutritional support and income and other support while undergoing treatment
and/or if tuberculosis results in a loss of employment. While underresourced, small-scale,
innovative, community-based treatment models have proven extremely effective, with high
treatment completion and cure rates.77
94.
Confinement as a response to tuberculosis increases stigmatization of people with
the disease, driving those most at risk underground and away from health care. Confining
people with tuberculosis not only puts them at risk by placing them in settings often
characterized by inadequate access to treatment and support, but also fuels the spread of the
disease within these settings. As a particularly stark example, incarceration has been
utilized to isolate persons with tuberculosis, punishing them for not adhering to the
treatment, even though violations of the right to health led to their non-adherence in the
first place. Confinement inappropriately places the burden of tuberculosis treatment and
care on the person, effectively isolating and criminalizing those who are sick instead of
providing the health care and support needed to complete treatment. These practices must
be brought to an end.
VII. Conclusions and recommendations
95.
Deprivation of liberty and confinement, when they are used as widespread
forms of addressing various social, and often non-criminal, issues, create an
environment that is detrimental to the enjoyment of the right to physical and mental
74
75
76
77
Banuru Muralidhara Prasad and others, “Status of tuberculosis services in Indian prisons”,
International Journal of Infectious Diseases, vol. 56 (2017).
Kingsley Lezor Bieh, Ralf Weigel and Helen Smith, “Hospitalized care for MDR-TB in Port Harcourt,
Nigeria: a qualitative study”, BMC Infectious Diseases (2017).
WHO, Guidelines on Ethics of Tuberculosis Prevention, Care and Control (2010), pp. 11–12.
See, for example, WHO, Regional Office for Europe, Good Practices in Strengthening Health
Systems for the Prevention and Care of Tuberculosis and Drug-resistant Tuberculosis (Copenhagen,
2016). Available from www.euro.who.int/__data/assets/pdf_file/0010/298198/Good-practicesstrengthening-HS-prevention-care-TBC-and-drug-resistant-TBC.pdf.
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