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Gordon/Lacy/Symonds
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Inherency - No Condoms....................................................20
Inherency - No Condoms....................................................21
Inherency - No Condoms....................................................22
Inherency - No Condoms....................................................23
Inherency - No Condoms....................................................24
Inherency - No Condoms....................................................25
Inherency - Condoms Illegal..............................................26
HIV Rates High..................................................................27
HIV Rates High..................................................................28
HIV Rates High..................................................................29
HIV Rates High..................................................................30
AIDS Transfer Rates High..................................................31
AIDS Transfer Rates High..................................................32
AIDS Transfer Rates High..................................................33
AIDS Transfer Rates High..................................................34
AIDS Transfer Rates High..................................................35
Prison Sex Biggest Factor..................................................36
Prison Sex Biggest Factor..................................................37
HIV Spreads to Communities.............................................38
HIV Spreads to Communities.............................................39
HIV Spreads to Communities.............................................40
HIV Spreads to Communities.............................................41
HIV Spreads to Communities.............................................42
HIV Spreads to Communities.............................................43
HIV Spreads to Communities.............................................44
Condoms Spill Over...........................................................45
Condoms Spill Over...........................................................46
AIDS Impacts - Extinction.................................................47
AIDS Impacts - Laundry List.............................................48
AIDS Impacts Structural Violence...................................49
AIDS Impacts - Systemic...................................................50
AIDS Impacts - Deadly......................................................51
AIDS Impacts - Famine..................................................52
AIDS Impacts - O/W..........................................................53
Condoms Solve...................................................................54
Condoms Solve...................................................................55
Condoms Solve...................................................................56
Condoms Solve...................................................................57
Condoms Solve...................................................................58
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Gordon/Lacy/Symonds
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Contention 1: Inherency
Few jails offer condoms to prisoners
Bloomekatz L.A. Times Reporter 2009
Ari B. June 29 Los Angeles Times L.A. County sheriff considers expanding condom distribution in jail
Activist Ron Osorio has been giving condoms to inmates almost weekly since 2001 to help deter the spread of
HIV/AIDS.
Currently, only a few jails in the United States -- including some in San Francisco, New York City,
Philadelphia and Washington, D.C. -- offer condoms to inmates. Condoms are also available in prisons in
Vermont. Providing condoms to inmates seems like a "no-brainer," said Mary Sylla, who founded the Center
for Health Justice, a nonprofit organization based in West Hollywood that focuses on reducing HIV cases in
prisons. She said that when condoms are offered, inmates do take them and reports of unsafe sexual
activity decline. Despite calls by health groups, most efforts to expand distribution have stalled, and
state bills -- including one in California -- that could have led to widespread distribution of the
prophylactics have been continuously voted down, died in committee or were vetoed.
While condom use could prevent HIV/AIDS, 1% of US prisons distribute them, and no
prison distributing condoms have reversed this right
McLemore, Health and Human Rights Researcher at the Human Rights Watch, 2008
(Megan, Canadian HIV/AIDS Legal Network, 6-27-8 Access to condoms in U.S. prisons HIV/AIDS Policy &
Law Review 13(1) http://www.aidslaw.ca/publications/interfaces/downloadFile.php?ref=1349, Accessed July 5,
2009, JTN)
Despite overwhelming evidence that condom use prevents the transmission of HIV, U.S. prison officials
continue to limit the availability of condoms to incarcerated persons. Fewer than one percent of
correctional facilities provide condoms to inmates, though those that do include some of the nations
largest urban prisons. These policies stand in stark contrast to the public health approach taken by
prison officials in Canada, Western Europe, Australia, Ukraine, Romania and Brazil, where condoms
have been available to inmates for years. Moreover, several large, urban prisons in federal jurisdiction, as
well as one state, have provided condoms to inmates, either through medical staff or more general
distribution. Where institutional policy provides for condom distribution, no correctional system has yet
to find any grounds to reverse or repeal that policy. Leading correctional health experts endorse
condom distribution in prisons. The National Commission on Correctional Health Care (NCCHC), the
nations primary standard- setting and accreditation body in the field of corrections, has endorsed the
implementation of harm reduction strategies, including condom distribution. The Commission states, While
NCCHC clearly does not condone illegal activity by inmates, the public health strategy to reduce the risk of
contagion is our primary concern. 9 Further, the American Public Health Association Standards for Health
Services in Correctional Institutions (3rd Edition, 2003) recommends that condoms be available for inmates.
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Plan: The United States Federal government should offer free condoms to all incarcerated
persons in all prisons in the United States.
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Advantage 1: AIDS
First, With an increased number of infected individuals in prison, the Governments failure
to provide access to condoms increases the risk of HIV/AIDS
McLemore, Health and Human Rights Researcher at the Human Rights Watch, 2008
(Megan, Canadian HIV/AIDS Legal Network, 6-27-8 Access to condoms in U.S. prisons HIV/AIDS Policy &
Law Review 13(1) http://www.aidslaw.ca/publications/interfaces/downloadFile.php?ref=1349, Accessed July 5,
2009, JTN)
More than 2.2 million persons are currently incarcerated in U.S. prisons. Incarcerated individuals bear
a disproportionate burden of infectious diseases, including the hepatitis B virus (HBV), the hepatitis C
virus (HCV), and HIV/AIDS. Although inmates comprise only 0.8 percent of the U.S. population, it is
estimated that 1215 percent of Americans with chronic HBV infection, 39 percent of those with chronic
HCV infection, and 2026 percent of those with HIV infection pass through a correctional facility each
year.2 The HIV prevalence in state and federal prisons is two and a half times higher than in the
general population.3 The prevalence of HCV among prisoners approaches 40 percent. 4 Co-infection is
also a concern: A significant number of HIV-positive inmates are also infected with HCV. Although the
majority of inmates infected with HBV, HCV and HIV acquired the infection outside of prison, the
transmission of infectious disease in prison is increasingly well documented.5 Targeted interventions to
reduce the risk of HIV transmission in prison, such as the provision of condoms, methadone
maintenance treatment, and supplying bleach to clean needles and syringes, have proven highly effective in
preventing HIV transmission in prisons, just as they have been when implemented outside. These harm
reduction approaches have been endorsed by the World Health Organization (WHO), UNAIDS and the UN
Office of Drugs and Crime as an integral part of HIV prevention strategies, including in prison.6
Government failure to ensure access to harm reduction services puts inmates at unnecessarily
increased risk of infection.
And studies conclude that HIV transmission is high and that risk factors and lack of
prevention multiply and lead to a huge transmission risk
Jurgens World Health Organization 2007
Ralf EVIDENCE FOR ACTION TECHNICAL PAPERS EFFECTIVENESS OF INTERVENTIONS TO ADDRESS
HIV IN PRISONS Pg. 49 http://whqlibdoc.who.int/publications/2007/9789241596190_eng.pdf
The infrequency of reports of HIV and HCV transmission has led some to a belief that transmission
occurs rarely among prisoners (Braithwaite et al, 1996; Horsburgh, 1990) . A more likely explanation is that
confirmation of transmission is more difficult in prisons than community settings (Dolan, Wodak, 1999;
Maguire et al., 1995). Ascertaining whether transmission occurred in prison or in the community prior to entry is complicated when
infections such as HIV and HCV have long incubation periods. Determination of HCV transmission is further complicated by the fact
that infection does not usually result in acute illness. While it is difficult to gather conclusive evidence, transmission
does occur in prison and there is increasing evidence that HIV and HCV transmission in prison is a
major public health concern, particularly where there is a substantial pool of infection in the
community from which prisoners come, risk behaviors are prevalent in prison, and prevention
measures are not available to prisoners. The small number of retrospective and prospective studies undertaken in the United
States found relatively low levels of HIV transmission in prisons, but many of them were conducted before 1986, early in the HIV
epidemic, when rates of HIV were relatively low, and/or in States in which HIV infection rates are generally relatively low; it is
therefore not surprising that they found lower rates of transmission. In contrast, studies that used mathematical models
and
particularly outbreak investigations found higher levels of HIV transmission and demonstrated how
rapidly HIV can spread in prison. A number of studies have also provided conclusive evidence of HCV
transmission in prison. Transmission was attributed to sharing of injecting equipment (OSullivan et al., 2003; Haber et al.,
1999), lacerations from barbers shears and lacerations arising from physical assault (Haber et al., 1999), tattooing (although injecting
drug use could not be completely discounted as the route of transmission: Post et al., 2001), and a blood splash to the eye (Rosen, 1997).
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And prison sex is the biggest transmission risk for HIV
Jurgens World Health Organization 2007
Ralf EVIDENCE FOR ACTION TECHNICAL PAPERS EFFECTIVENESS OF INTERVENTIONS TO ADDRESS
HIV IN PRISONS Pg. 50 http://whqlibdoc.who.int/publications/2007/9789241596190_eng.pdf
In one US study of HIV transmission in prison, sex between men accounted for the largest proportion
of prisoners who contracted HIV inside prison. It estimated that 49% of 33 prisoners for whom it
could be proven that they contracted HIV in prison contracted it by having sex with another man. Only
18% were estimated to have contracted HIV via injecting drug use (15% had both risk factors, and 18% had
other risk factors: Krebs and Simmons, 2002). In another study, of HIV transmission among male
prisoners in the state prison system of Georgia, male to- male sex in prison was significantly associated
with HIV seroconversion during incarceration (CDC, 2006; Wohl, 2006). Macher, Kibble, and Wheeler
(2006) documented acute retroviral syndrome in a prisoner after he had intercourse with two HIV-positive
prisoners.
Yet despite federal law prohibiting sex, prison inmates continue to have unprotected sex,
spreading HIV and other dangerous viruses
The New York Times, editorial, 2007
(Fighting AIDS behind bars, July 18, p. 18, NAP)
Prison inmates have unprotected sex, despite laws forbidding it and denial by prison officials, which
makes prisons prime settings for the spread of deadly blood-borne viruses like hepatitis C and H.I.V. The Centers
for Disease Control and Prevention underscored this point last year when it urged states without condomdistribution programs to think about starting them as a way of preventing the spread of H.I.V. behind
bars. By protecting the inmates, the states would also protect the all-too-vulnerable wives and lovers to
whom they inevitably return when their sentences are completed. The California State Legislature tried to take the
C.D.C.'s advice last year, passing a landmark bill that would have allowed public health agencies to enter prisons and distribute condoms
to inmates who wanted them. The bill had the overwhelming support of the voting public. But Gov. Arnold Schwarzenegger vetoed it,
using the familiar know-nothing excuse that handing out condoms would justify illegal sexual activity. The experience of jurisdictions
that allow condoms does not support this view. At the same time, public health officials now recognize that condomdistribution programs are integral to any meaningful AIDS prevention program. These programs are already
running in prisons in Canada and in much of the European Union and in jails in San Francisco, Los Angeles, New York City,
Philadelphia and Washington.
Condom distribution is vital to any attempt to curb the spread of HIV and AIDS-97% of
prisoners will eventually rejoin the community.
Boykin and Harris in 2k5 (Keith, former Clinton White House Aid, and Lynn, Journalist and Author, Beyond
the Down Low, 277-278)
Fourth, we need free condom distribution in prisons. Whether or not we like to admit it, men have sex
with other men in prison. The confirmed AIDS rate in state and federal prisons was more than three
times higher than in the total U.S. population, according to a study of HIV in prisons in 2001. Given the
disproportionate incarceration of black men in the U.S. penal system, black men bear an even greater
risk than white men of being exposed to HIV while incarcerated and then bringing the virus back to
their community upon release. In the federal prison system, 97 percent of inmates will eventually be
released back into society. But condoms are banned or unavailable in more than 95 percent of U.S.
prisons, according to the New York Times. We cannot think of the prison crisis as unrelated to the larger
AIDS epidemic. If we want to protect the non-incarcerated population, we must also protect the
incarcerated.
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Failure to distribute condoms poses a health risk to the population for contracting HIV
Appel, writer for the Inter Press Service, 2007.
Adrianne, Inter Press Service HIV/AIDS: Racism, Gov't Apathy Fuel US Epidemic, 11/30/2007,
http://www.commondreams.org/archive/2007/11/30/5532, accessed 7/7/09, TAZ)
The widespread ban against condom distribution in prisons, which house massive numbers of black
men and poor whites, feeds into the epidemic, Britton said. Only the state of Vermont and prisons in five
U.S. cities make condoms available to inmates, according to an AP/International Herald Tribune survey.
'There are 11 million people in the U.S. who have been in prison at some point. That's an enormous
risk if you have people in that pool who are HIV infected,' Britton said. 'If you go out 10-20 years you'd
have 20 million people who have graduated from prison,' she said. There is no public health program
to test and treat them for HIV after they leave prison, she said. A report released this month by the
criminal justice research group JFA Associates. estimated that one in three African American men will
spend time in prison during their lives.
We have a moral obligation to provide condoms in prison-it is the only way to protect both
prisoners and their home communities
Staples a member of the New York Times editorial board 2007
Brent The New York Times October 21 Fighting AIDS in America's prisons ; MEANWHILE Lexis
The prison data cries out for an AIDS-prevention strategy that would encompass all of the nation's
jails and prisons. At a minimum, the program would give inmates free and open access to condoms. The
prison system is now dominated by the dangerous notion that distributing condoms would encourage
prisoners to break the rules by having sex. As a result, condoms are unavailable in most jails and prisons.
Prison authorities have resisted condom distribution despite intense criticism from health officials, who have
pointed out time and again that condoms are freely distributed in prisons in many countries, including
Canada. The Canadian model is commendable in that it applies clear, specific rules throughout the prison
system and leaves little to the judgment of local prison officials. The directive requires that condoms be
made "easily and discreetly available" in areas where inmates can get them without having to interact
with guards. The point is to ensure that inmates do not bypass condoms out of fear or embarrassment.
The connection between the prison experience and the spread of AIDS outside prison is especially clear
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in poor communities, where a great many men spend time behind bars at some point in their lives. But
with millions of people regularly exposed to HIV in the prison system, the entire country has both a
moral and a medical obligation to confront the sexual realities of prison life. Until then, lives will be
lost and prison-borne diseases will continue to spread from the corrections system into the community
at large.
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And condoms successfully combat HIVmultiple studies prove
Tucker, Chang and Tulsky, Division of Infectious Diseases Massachusetts General Hospital, University of
California San Francisco, Department of Medicine and the Positive Health Program, University of California San
Francisco, 2007
(Joseph, Suzanne and Jacqueline, The catch 22 of condoms in US correctional facilities, BMC Public Health, 7:296,
2007, JWS)
The importance of condoms for sexual HIV prevention among inmates and within correctional settings
has been known for some time [4,5]. Condoms are a core component of basic HIV prevention services
recommended by the US Centers for Disease Control and the World Health Organization [6,7]. The
WHO recommendations on HIV in prisons specifically calls for widespread condom availability for all
inmates [8]. The Institute of Medicine has argued for expanded STI services among disadvantaged
populations [9]. The Institute recommended that detention facilities provide comprehensive STI-related
services, including counseling and education, screening, diagnosis and treatment, partner notification and
treatment, as well as methods for reducing unprotected sex. Several studies highlight that unprotected sex
facilitates HIV and STI transmission in correctional settings [10-16]. Seroprevalence data indicate that
HIV seroprevalence among incarcerated individuals is fivefold greater than the seroprevalence among
the general population [17]. Most HIV positive inmates enter the correctional system with infection, and do
not acquire it during incarceration. Lack of testing upon entry or release in prisons obscures the extent to
which HIV negative inmates acquire HIV during prison stays. There are currently 19 states with mandatory
HIV testing on entry, and Centers for Disease Control data from one state (Georgia) recently investigated
HIV seroconversion in correctional settings. In a study of 17 years of HIV testing data, 88 HIV positive
individuals who seroconverted during incarceration were identified [2]. Although this corresponds to a low
incidence of HIV infection in prisons, the number of individuals diagnosed with new HIV infections in
prison settings is heavily influenced by testing policies. The majority of new HIV infections in the Georgia
corrections system were discovered during a period when voluntary annual HIV testing was available to
inmates. In other studies, even after controlling for the six-month window period between infection and
serologic detection, annual HIV transmission rates in prison ranged from 0.3 to 0.63 percent [10-13]. The
lower end estimate for HIV incidence among incarcerated (0.3%) among 2,000,000 new inmates annually
[17] results in 6,000 new HIV infections acquired each year in corrections that could be prevented with
condoms in corrections facilities. Outbreaks of syphilis [14,18], gonorrhea [19], and Hepatitis B[15,16]
in prisons provide further support that unprotected sex occurs in jails and prisons. Studies of sexual
behaviors in prisons are limited by recall bias and confidentiality, but similarly show high risk
behaviors occurring in prisons and jails [4].
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Advantage 2: Stigmatization
First, male/male rape is a taboo subject because of societal homophobia-this limits
opportunities for those labeled as gay to gain standing in the political community
Sivakumaran, 05
(Sandesh, Male/Male Rape and the "Taint" of Homosexuality, Human Rights Quarterly,
http://muse.jhu.edu.floyd.lib.umn.edu/journals/human_rights_quarterly/v027/27.4sivakumaran.html, 7/7/09, DKL)
The same is true of the queer movement. It could reasonably have been thought that the queer movement
has a lot to gain from the international community's attention being drawn to the subject of male/male rape.
It would help directly the portion of those rapes that are an extension of "queer-bashing," i.e. the rape
of a male for reason of his actual or perceived sexual orientation. A number of authors have noted the link between
male rape and sex discrimination,38 while others have explicated the connection between sex discrimination and homophobia.39 In
light of these linkages, drawing attention to male/male rape would indirectly challenge homophobic
attitudes in all cases of male/male rape regardless of the sexuality, actual or perceived, of the victim or
of the aggressor. Yet neither of these potential gains has proved sufficient for the queer movement to
actively address the subject of male/male rape. Three reasons may explain this. First, the queer
movement may be wary that drawing attention to the issue of male/male rape perpetuates the notion
that it is only homosexuals who are parties to such rapes. This would have the opposite effect to that which is
intended, namely reinforcement of such myths already prevalent in society. This is not to suggest that male/male rape does not take place
within the homosexual community, simply that the queer movement may not wish to draw attention to those instances in the fear that
this will reinforce inaccurate public perceptions of homosexuals. Second, the queer movement is rarely given a voice at
the international level.40 Even at the domestic level, such voice is limited. Given the limited
opportunity to [End Page 1283] be heard, let alone listened to, a tactical decision may have been made
to concentrate on one area, that of equality and nondiscrimination. These issues are of obvious
importance and would also clearly lead to a reduction in homophobia. Third, the queer movement may
argue that it does indeed address male/male rape, or rather that part of it, which can be considered
"queer-bashing," in the form of hate crimes and the right to bodily integrity.
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And restricting access to condoms in prisons is one of the most serious forms of
homophobia prisoners face-it stigmatizes gay sex and uniquely puts those involved in
homosexual sex at risk for HIV
Calahane in 2k5 (Claudia, Staff Writer, The Guardian, Unlocking Equal Rights,
http://www.guardian.co.uk/society/2005/oct/31/crime.penal)
The murder of a young gay man on Clapham Common shocked many people. In light of the Civil Partnership Act, which will allow gay
people to marry from December, many felt that society was moving on from homophobia. But the truth is gay
people are still regularly dealing with prejudice and bullying in the classroom, in the workplace, and some
of the most extreme examples are in male prisons, where they can face abuse or rape and are having
their health put at risk because of their sexuality. Steve Taylor, director of campaign group Forum on Prisoner Education, says that
while life has improved for gay male prisoners in the past couple of years, he still regularly speaks to men who are being treated appallingly by staff and
fellow inmates. For the past two years, Mr Taylor, who is gay himself, has been involved in trying to set up the Campaign for Gay Prisoners to promote
equal treatment and help gay men in prison gain better access to condoms and gay magazines. The campaign is yet to fully get off the ground, but he says
this kind of organisation is very much needed. "Only a year ago I met a prisoner who was lying in his cell reading a copy of Gay Times when three inmates
burst in and set fire to the magazine and injured him," says Mr Taylor. "He had to spend three days in hospital." Working in prisons every day, he is certainly
not short of these stories. He talks of another situation where a gay prisoner who, upon telling a guard that he had just been beaten up by six prisoners, was
met with the response that he should have "kept his head down" to avoid trouble .
the most serious issue is the lack of condoms available to those who
are sexually active. The gay media has reported incidents where prisoners have used makeshift
condoms from clingfilm, cellotape or empty crisp packets, along with shampoo or Vaseline for lubricant.
Safer sex charity the Terrence Higgins Trust, which provides sexual health services in some prisons, says
access to condoms varies from one prison to the next. Prison doctors were advised by the service in 1995 that they
should supply condoms to individual inmates, "on application if in their clinical judgment there is a risk of transmission of HIV infection
during sexual activity". But campaigners say that many prisoners do not have the confidence to request condoms, and are therefore
putting themselves and others at risk. "Condoms need to be freely available to all prisoners from a place where
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The exclusion of prisoners rights is only the beginning-homophobia structures the law
around the creation of excluded queer identities
Butler in 98 (Judith, PhD, Yale, Maxine Elliot Professor in the Departments of Rhetoric and Comparative
Literature, Women, Autobiography, Theory: a reader, Introduction to Bodies that Matter, pg 368)
At stake in such a reformulation of the materiality of bodies will be the following: (1) the recasting of the
matter of bodies as the effect of a dynamic of power, such that the matter of bodies will be indissociable
from the regulatory norms that govern their materialization and the signification of those material
effects; (2) the understanding of performativity not as the act by which a subject brings into being what
she/he names, but, rather, as that reiterative power of discourse to produce the phenomena that it regulates
and constrains; (3) the construal of sex no longer as a bodily given on which the construct of gender is
artificially imposed, but as a cultural norm which governs the materialization of bodies; (4) a rethinking
of the process by which a bodily norm is assumed, appropriated, taken on as not, strictly speaking, undergone
by a subject but rather that the subject, the speaking I, is formed by virtue of having gone through such a
process of assuming a sex; and (5) a linking of this process of assuming a sex with the question of
identification, and with the discursive means by which the heterosexual imperative enables certain
sexed identifications and forecloses and for disavows other identifications. This exclusionary matrix by
which subjects are formed thus requires the simultaneous production of a domain of abject beings,
those who are not yet subjects, but who form the constitutive outside to the domain of the subject.
The abject designates here precisely those unlivable and uninhabitable zones of social life which are
nevertheless densely populated by those who do not enjoy the status of the subject, but whose living
under the sign of the unlivable is required to circumscribe the domain of the subject. This zone of
uninhabitability will constitute the defining limit of the subjects domain; it will constitute that site of
dreaded identification against whichand by virtue of whichthe domain of the subject will circumscribe
its own claim to autonomy and to uk. In this sense, then, the subject is constituted through the force of
exclusion and abjection, one which produces a constitutive outside to the subject, an abjected outside,
which is, after all, inside the subject as its own founding repudiation.
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The condemnation of homosexual intercourse results in physical violence against queer
Others-it reinforces masculinity as the norm, and violently excludes opposing identities.
Pugliese in 2k7 (Joseph, Cardozo Studies in Law and Literature, Abu Ghraiband its Shadow Archives, 19
Cardozo Stud. L. & Lit. 247, lexis nexis)
Repeated throughout both the Abu Ghraib torture photographs and the documented testimonies of the victims
is what Lee Edelman calls the "spectacle of sodomy" 81 The rape and sexual assault of the male Iraqi
prisoners by the U.S. guards must be seen as homophobically transcoding homosexuality: in other
words, sexual practices (sodomy) and sexualities (homosexuality) that challenge regimes of
heteronormativity are violently transcoded as [*269] "aberrant" and "perverse" and are thus absorbed
into a hetero-fascist eroticisation and aestheticisation of torture that targets the homosexual, the crossdresser, the feminized Oriental male, and so on. "[T]he aesthetic linkage of nazism and fascism to sadomasochism, impurity, degeneration, decadence, femininity, and homosexuality," Ravetto argues,
"overwrites the image of the Nazi or fascist with the image of woman and the sexual deviant" 82 and, I
would add, the racialised other. In this economy of homophobic and phallocentric violence, anal penetration is
performed in order to debase and humiliate the prisoners: "To be penetrated," writes Leo Bersani, "is to abdicate power"; its intended
effects are a "radical disintegration and humiliation of the self." 83 Operative in this homophobic and phallocentric scripting of anal
penetration are both gendered and racialised inflections: the subject of anal penetration is marked as
"feminine" in being positioned as "passive" and "receptive" and this marking is, in turn, overcoded by Orientalist
fantasies designed to render the Arab male a "woman." This charged intersection of Orientalism, homophobia, and misogyny was
evidenced by the way the prison guards forced the male prisoners to wear women's underwear over their heads. The transcoding
of homosexual sexual desire into acts of homophobic violence, that are still compelled to reproduce
homoerotically-coded practices (for example, anal penetration), enables the violent disavowal of this selfsame desire: "mutilation and sadism," Steve Neale argues, "are marks both of the repression involved and of a means by which the
male body may be disqualified, so to speak, as an object of erotic contemplation and desire." 84 In the context of the U.S. military's
"Don't Ask, Don't Tell" policy on homosexuality, and its institutional history of homophobia, the Orientalist encoding of Abu
Ghraib--as space of "perverted" behaviour and "limitless orgy"--effectively enabled the unhindered
exercise of violent forms of homophobia.
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This norm of masculinity is not harmless-it has direct consequences, including war,
environmental destruction, and mass death
Warren and Cady in 96 (Karen, PhD and professor of philosophy @ Macalester university , and Duane, Professor
of Philosophy and Department Chair at Hamline University, Bringing Peace Home, pg 12)
Patriarchal conceptual frameworks sanction, maintain, and perpetuate impaired thinking, (h): For
example, that men can control womens inner lives, that it is mens role to determine womens choices,
that human superiority over nature justifies human exploitation of nature, that women are closer to
nature than men because they are less rational, more emotional, and respond in more instinctual ways
than (dominant) men. The discussions above at (4) and (5) are examples of the linguistic and
psychological forms such impaired thinking can take. Operationalized, the evidence of patriarchy as a
dysfunctional system is found in the behaviors to which it gives rise, (c), and the unmanageability, (d).
which results. For example, in the United Stares, current estimates are that one out of every three or four
women will be raped by someone she knows; globally, rape, sexual harassment, spouse-beating, and sadomasochistic pornography are examples of behaviors practiced, sanctioned, or tolerated within patriarchy.
In the realm of environmentally destructive behaviors, strip-mining, factory farming, and pollution of
the air, water, and soil are instances of behaviors maintained and sanctioned within patriarchy. They, too,
rest on the faulty belief that it is okay to rape the earth, that it is mans God-given right to have
dominion (that is, domination) over the earth, that nature has only instrumental value, that
environmental destruction is the acceptable price we pay for progress. And the presumption of warism,
that war is a natural, righteous, and ordinary way to impose dominion on a people or nation, goes hand in
hand with patriarchy and leads to dysfunctional behaviors of nations and ultimately to international onmanageability. Much of the current unmanageability of contemporary life in patriarchal societies, (d), is
then viewed as a consequence of a patriarchal preoccupation with activities, events, and experiences that
reflect historically male-gender-identified beliefs, values, attitudes, and assumptions. Included among
these real-life consequences are precisely those concerns with nuclear proliferation, war, environmental
destruction, and violence toward women, which many feminists see as the logical outgrowth of patriarchal
thinking. In fact, it is often only through observing these dysfunctional behaviorsthe symptoms of
dysfunctionality that one can truly see that and how patriarchy serves to maintain and perpetuate
them. When patriarchy is understood as a dysfunctional system, this unmanageability can be seen for what
it isas a predictable and thus logical consequence of patriarchy).
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And, heterosexism is a pervasive form of structural violenceit must be rejected
Ofreneo in 2k6 (Mira Alexis, teaches psychology at the Ateneo de Manila University and writes a weekly lesbian
advice column in the Womens Journal magazine circulated in the Philippines, Talking Points, When Thinking
Straight is Detrimental to Health, Isis International, http://www.isiswomen.org/downloads/wia/wia-20061/09ofreneo_WIA1_06.pdf)
We live in a world that thinks straight, most of the time. Human beings are assumed to be just male and
female, and the point of existence is for males and females to find each other and experience romantic
and erotic bliss. Thus, everything in the worldclothes, public toilets, movies, identities, human rights,
health services, love songs, shoes, family, socialisation processes, magazines, lawsis designed with the
heterosexual male and the heterosexual female in mind. Some people have already realised the
enormous mistake of the sex/gender/orientation binaries. But because of the pervasiveness and almost
invisible quality of structural forms of violence, which is what heteronormativity is, it is sometimes too
easy to forget that there are other people in this world who are neither straight male nor straight
female.
Structural violence outweighs subjective violence-disad impacts are only valued because
they are compared to a normally functioning system. Structural violence proves that
normalcy doesnt exist.
iek 2008 senior researcher at the Institute of Sociology @ Univ. of Ljubljana,
[Slavoj, senior researcher at the Institute of Sociology @ Univ. of Ljubljana, Violence, p. 1-2]
If there is a unifying thesis that runs through the bric-a-brac of reflections on violence that follow, it is that a
similar paradox holds true for violence. At the forefront of our minds, the obvious signals of violence are
acts of crime and terror, civil unrest, international conflict. But we should learn to step back, to
disentangle ourselves from the fascinating lure of this directly visible "subjective" violence, violence
performed by a clearly identifiable agent. We need to perceive the contours of the background which
generates such outbursts. A step back enables us to identify a violence that sustains our very efforts to
fight violence and to promote tolerance. This is the starting point, perhaps even the axiom, of the present
book: subjective violence is just the most visible portion of a triumvirate that also includes two
objective kinds of violence. First, there is a "symbolic" violence embodied in language and its forms, what
Heidegger would call "our house of being." As we shall see later, this violence is not only at work in the
obvious-and extensively studied-cases of incitement and of the relations of social domination reproduced in
our habitual speech forms: there is a more fundamental form of violence still that pertains to language as
such, to its imposition of a certain universe of meaning. Second, there is what I call "systemic" violence, or
the often catastrophic consequences of the smooth functioning of our economic and political systems.
The catch is that subjective and objective violence cannot be perceived from the same standpoint:
subjective violence is experienced as such against the background of a non-violent zero level. It is seen
as a perturbation of the "normal," peaceful state of things. However, objective violence is precisely the
violence inherent to this "normal" state of things. Objective violence is invisible since it sustains the
very zero-level standard against which we perceive something as subjectively violent. Systemic violence
is thus something like the notorious "dark matter" of physics, the counterpart to an all-too visible
subjective violence. It may be invisible, but it has to be taken into account if one is to make sense of
what otherwise seem to be "irrational" explosions of subjective violence.
18
Prisons Aff
Gordon/Lacy/Symonds
1AC
Advantage 3: Human Rights
Human rights violations are perceived internationally- hypocrisy undermines our ability
to promote our soft power
Clapham Professor of International Law 2007
Andrew Human Rights pg. 68 Google Books Accessed 7/9/09 TC http://books.google.com/books?
id=7s93B2iwX_8C&pg=PA68&lpg=PA68&dq="human+rights"+"soft+power"+prison+guantanamo&source=bl
&ots=yVdbhbLaen&sig=H7Jf9lXIdz0dGOIspXr2FQwsKho&hl=en&ei=eaVWSrLbI46IsgO3t53KDg&sa=X&o
i=book_result&ct=result&resnum=5
Qiao Zonghuai, the Chinese Ambassador, robustly exercised his 'right of reply': The United States is used
to pointing fingers at other countries human rights situation, but back in its own country, there exist
gross violations of human rights: notorious racial discrimination, police brutality, torture in prison,
infringement on women's rights and campus gun killings. A country like the US with such poor human
rights record has no right to judge other countries' human rights situation at UN forum. We advise that,
instead of interfering in the internal affairs of other countries under the pretext of human rights, the US
should spend more time to examine its own human rights situation. Otherwise it will end up with lifting a
rock only to drop it on his own feet. This is not an exchange about Asian values. This is about seeing that
human rights foreign policy is only convincing when rooted in respect for the same values at home.
Joseph Nye`s recent appeal for the use of soft power` recognizing this challenge: The United States,
like other countries, expresses its values in what it does and what it says. Political values like democracy
and human rights earn be powerful sources of` attraction, but it is not just enough to proclaim them.
Others watch how Americans implement our values at home as well as abroad. A Swedish diplomat
recently told me, All countries want to promote the values we believe in. l think the most criticized part
of the US's (and possibly most rich countries) soft power 'packaging' is the perceived double standard
and inconsistencies} Perceived hypocrisy is particularly corrosive of power that is based on proclaimed
values. Those who scorn or despise us for hypocrisy are less likely to want to help us achieve our policy
objectives.
19
Prisons Aff
Gordon/Lacy/Symonds
1AC
And specifically, prisoners have the right to condoms
McLemore Human Rights and HIV/AIDS Program at Human Rights Watch 2008
Megan VOLUME 13, NUMBER 1, JULY 2008 HIV/AIDS POLICY & LAW REVIEW Access to Condoms in U.S.
Prisons
The WHO guidance also state that prisoners are entitled to prevention programs equivalent to those
available in their community, and specifically addresses the issue of condom distribution in a prison
environment: Preventative measures for HIV/AIDS in prison should be complementary to and
compatible with those in the community. Preventative measures should also be based on risk
behaviours actually occurring in prisons, notably needle sharing among injection drug users and
unprotected sexual intercourse. Since penetrative sexual intercourse occurs in prison, even when
prohibited, condoms should be made available to prisoners throughout their period of detention.17
Gay rights are uniquely key to bolstering international human rights-each victory is
important
Narayan in 2k6 (Pratima, Boston University International Law Journal, SOMEWHERE OVER THE
RAINBOW... INTERNATIONAL HUMAN RIGHTS PROTECTIONS FOR SEXUAL MINORITIES IN THE NEW
MILLENNIUM, 24 B.U. Int'l L.J. 313, lexis-nexis)
Sexual relationships represent a fundamental element of individual identity and an intimate aspect of
an individual's private life. Although there have always been - and will always be - people who engage in
homosexual relationships and activities, being "gay" is a modern political concept that has emerged in
response to the deprivation of rights on the basis of sexual orientation. 1 Sexual minorities 2 have made
substantial [*314] progress in obtaining protections of their basic human rights in Australia, parts of Latin
America, North America, South Africa and Western Europe, 3 but discrimination on the basis of sexual
orientation still persists throughout most of the developing world. 4 Gay, lesbian, bisexual, or transgender (GLBT)
relations are criminalized in over eighty-two nations, 5 and the penalty for being gay often includes public humiliation, hard labor,
confinement, torture, harassment, blackmail, spurious trials with no right to appeal or death. 6 Very few of these laws, however, actually
specify the type of conduct that is forbidden, and this lack of specificity allows states greater flexibility in implementing these laws. 7
Further, many states disproportionately enforce sodomy laws, taking a stronger stance taken against
homosexuals. 8 Less visible forms of discrimination thrive in countries that have passed antidiscrimination legislation on behalf of sexual minorities. Indeed, many governments fail to enforce their antidiscrimination statutes, 9 leaving GLBT individuals unable to exercise the same rights as their heterosexual counterparts. 10 For
instance, in November 2005, Brazil, a country leading the battle for GLBT rights, 11 censored the first televised gay kiss. 12 As a result,
gay activists protested, including staging a rally advocating for legislation that would allow same-sex marriage. 13 In February [*315]
2005, in South Africa, another nation on the forefront of gay rights, 14 the National Blood Services Organization issued a statement
declaring that it would not accept blood donations from openly gay men. 15 Additionally , the majority of states within the
United States have not granted gay couples the same marriage, child custody or immigration rights as
heterosexual couples. 16 International human rights instruments mandate that human rights
standards be applied without discrimination. 17 Nevertheless, none of these documents explicitly outlaws
discrimination on the basis of sexual orientation. 18 Sexual minorities continue to fear the overwhelming
threats of state-sanctioned persecution, and stronger international protections for gays and lesbians are
necessary to achieve even the most fundamental human rights.
20
Prisons Aff
Gordon/Lacy/Symonds
1AC
We have a moral obligation to uphold human rights in all possible instances
Knox, Professor of Law Wake Forest University School of Law. 08
(John H., The American Journal Of International Law, HORIZONTAL HUMAN RIGHTS LAW, 3-4, accessed July 9, 2009)
At the beginning of the modern human rights movement, proposals for human rights instruments often included suggestions for duties.
Although advocates sometimes presented the duties as correlating to human rights - that is, as duties to respect or fulfill particular
rights - most of the proposals were actually duties owed by the individual to the community or state, stemming from the view that
human beings have moral and legal duties as well as rights, and that international law should not
recognize one without the other. The first of these instruments, the American Declaration of the
Rights and Duties of Man, adopted by Latin American countries and the United States in 1 948,
emphasizes human rights and duties equally, as its title suggests.4 The negotiators of the
Universal Declaration of Human Rights considered taking the same approach.5 They decided, however,
that while human beings undoubtedly owe duties to their societies, any effort to write such duties into international law on a basis of equality with
human rights would provide governments with excuses to limit those rights. As a result, they decided not to list private duties at all. At the same
time, they recognized that converse duties owed by individuals to the state would still exist in domestic law, and that such duties would sometimes
have to outweigh or limit the exercise of human rights .
21
Prisons Aff
Gordon/Lacy/Symonds
1AC
New Human Rights policies empirically help overcome international unpopularity
Nye Distinguished Service Professor at Harvard University 2008
July 3, Joseph Nye on Smart Power http://www.hks.harvard.edu/newsevents/publications/insight/international/joseph-nye-smart-power Accessed 7/9/09 TC
The United States is showing very low ratings in international public opinion polls, particularly in
Europe and Latin America, but most of all in the Muslim World. What we can do is re-learn the lesson that
we learned in Vietnam. In the 1970s the United States was also extremely unpopular and unattractive
but yet we were able to recover our soft power within a decade. We did that in part by changing our
policies. We changed our policies in the Vietnam War. We also developed new foreign policies under
President Carter with human rights, and President Regan stressed the freedom of other countries. These
helped to restore a good deal of American soft power.
22
Prisons Aff
Inherency - No Condoms
While sex risks HIV in jails, there is nothing being done about distributing condoms for
safe sex practices
Childs, ABC News Medical Unit, 2006
(Dan, ABC News, December 14, Free Condoms for Prisoners? Barrier Contraception Could Stem High Levels of
HIV Infection in Correctional Facilities, Experts Say http://abcnews.go.com/Health/AIDS/story?
id=2724605&page=1, Accessed July 6, 2009, JTN)
Behind high prison walls, the concept of safe sex may be as foreign as that of freedom. But some say
this situation must change, especially because studies suggest that the prevalence of HIV infection in U.S.
prisons and jails is six to 10 times higher than that seen in the general free population. Recently, the
National Minority AIDS Council, an AIDS advocacy group, recommended that prisons curb the spread
of the virus by distributing condoms to prisoners. The idea is not a new one. According to the not-forprofit organization Human Rights Watch, prisons in Mississippi and Vermont, and jails in New York,
Philadelphia, Washington D.C., San Francisco and Los Angeles already distribute condoms to inmates.
Several countries, including Canada, Australia, and most countries in the EU, also distribute condoms to
prisoners. "Whether legal or not, sex between inmates is occurring, and we must do what we can to
provide vehicles for responsible sexual behavior, including the use of condoms," said Eli Coleman,
professor and director of the Program in Human Sexuality at the University of Minnesota Medical School.
"These measures should be adopted worldwide as a means of promoting safety in our prisons. This is
sound public health policy," Coleman said. Some prisons, however, are reluctant to provide condoms to
prisoners. "In our system, engaging in sex in prison or sodomy is a Class 1 misconduct," said Sheila Moore,
deputy press secretary for the Pennsylvania Department of Corrections in Harrisburg, Pa. "It's against the
rules. Passing out condoms in prisons is also a security issue. Things such as drugs can be smuggled in."
23
Prisons Aff
Inherency - No Condoms
Even though HIV levels are high among prisons, the Government doesnt provide access to
condoms
McLemore, Health and Human Rights Researcher at the Human Rights Watch, 2008
(Megan, Canadian HIV/AIDS Legal Network, 6-27-8 Access to condoms in U.S. prisons HIV/AIDS Policy &
Law Review 13(1) http://www.aidslaw.ca/publications/interfaces/downloadFile.php?ref=1349, Accessed July 5,
2009, JTN)
The management of infectious disease in prisons is a human rights imperative as well as a matter of
public health. Given the high level of HIV infections among those who enter prison, making condoms
readily accessible to inmates is an effective and inexpensive measure that corrections officials should
take to limit the spread of infection. Recent studies indicate no adverse security consequences in
correctional systems where condoms are available. These findings, and a growing imperative to reduce
transmission in the community when offenders are released, have prompted efforts in several states and the
U.S. Congress to permit condom use in prison. These efforts should be endorsed by corrections professionals
and policymakers. Since 2006, legislators from states with the largest prison populations, such as Texas,
California, Illinois, New York and Florida, have introduced bills permitting non-profit or medical
personnel to provide condoms to inmates. At the federal level, Representative Barbara Lee has introduced
the Justice Act of 2006 (HR 6083), a comprehensive attempt to address HIV/AIDS in prison which includes a
provision permitting condom distribution to reduce transmission. None of these bills has become law, but
their introduction reflects the willingness of lawmakers to revisit a controversial issue in the interest of
public health. In Texas, for example, Representative Garnet Coleman explained to the Corrections
Committee considering his bill that it was intended to protect not only the health of inmates but the health of
members of the African-American community, where HIV transmission rates are alarmingly on the rise. In
California, Governor Arnold Schwarzenegger vetoed a bill permitting widespread condom distribution but
authorized a pilot program in one prison to evaluate the feasibility of such a program.
24
Prisons Aff
Inherency - No Condoms
Current safe sex programs in prisons are failing due to a lack of condom distribution
Swarr, M.D. University of Pennsylvania School of Medicine, 2002
(Daniel, Lafayette University, 7-16-2, AIDS, Prison, and Preventative Medicine: Society's Debt to its Debtors,
http://ww2.lafayette.edu/~vast/swarr.html, July 5, 2009, JTN)
Simply stated, American prisons currently house a large number of young, high-risk minorities that
continue to engage in such risky behaviors while in prison, and will invariably continue to do so once
they are releasedthanks to the effectiveness, or lack thereof, of current preventative programs. One
might be surprised to learn that most states do in fact provide AIDS education in some form to their inmates and have been doing so for many years (Martin
1993). In addition, it has been pointed out by a number of social scientists that inmates generally have a high knowledge of general HIV/AIDS subject
mattera knowledge-base among prisoners that dates back to early nineties (Zimmerman 1991, Hogan 1994). So, what is the problem? If inmates are so
informed, why is there such a high rate of HIV among this population? The
If rates of HIV
infection among prisoners are an indication of program success, then clearly most programs today are
failures. Many individuals, however, particularly politicians and the general public as a whole, are at the very least indifferent to the problem. Most,
either implicitly or even explicitly, have dismissed the issue under a guise of hopelessness. However, the disregard for the well-being of prisoners pushes
much deeper into the sociological framework of our nation. Below the veils of hopelessness and cries of the inevitability of HIV/AIDS rates among prison
population stems a more sinister psychology. In its shadow dismissals of the problem as "too difficult" become mere euphemisms; there is an underlying and
often unspoken belief, at least on some level, that prisoners deserve it. Similar claims were initially voiced towards homosexuals, often quite vocally, at the
beginning of the U.S. AIDS epidemic. Unlike homosexuals, however, prisoners have been legitimately accused of a crime or crimes. For this reason,
prisoners are all the more easily ignoredmost easily dismiss the cries of pain and suffering of a convicted murderer and rapist.
25
Prisons Aff
Inherency - No Condoms
Only 1% of prisons distribute condoms and none provide needles. Studies prove its
popular with staff and has no major problems.
May and Williams, Medical Director, Health Educator 02
John P., Earnest L., Acceptability of Condom Availability in a U.S. Jail AIDS Education and Prevention Volume: 14 |
Issue: 5 Supplement HIV/AIDS in Correctional Settings October 2002 Page(s): 85-91 Medical director, South
Florida Reception Center, Miami, FL. Health educator, Central Detention Facility, Washington, DC
Studies have documented the transmission of HIV in incarcerated populations resulting from injection
drug use or sexual activity. Less than 1% of the jails and prisons in the United States allow inmates
access to condoms, and none allows access to needles. Results of a survey to measure the acceptability of a
condom distribution program at the Washington, DC. Central Detention Facility, where condoms are
available to inmates, are presented here. Three hundred seven inmates and 100 correctional officers were
surveyed from October 2000 through October 2001. The surveys demonstrate that the program is
generally supported and thought to be important by inmates and correctional staff. The program has
not resulted in any major security infractions and could be replicated in other correctional settings.
Even though numerous health committees have advocated for it, there is still no system in
prisons to prevent the spread of HIV/ AIDS
Larsen, Assistant Professor at St. Peter's College, teaching the law and ethics classes for the Criminal Justice
Department, 2008
(Kari, DELIBERATELY INDIFFERENT: GOVERNMENT RESPONSE TO HIV IN U.S. PRISONS, The Catholic
University of America Journal of Contemporary Health Law & Policy, 24:251, spring 2008, JWS)
In March 1991, the National Commission on AIDS "proposed that the U.S. Public Health Service
develop guidelines for the prevention and treatment of HIV in all U.S. correctional facilities." n71 Five
years later, the Centers for Disease Control and Prevention (CDC) recommended that education and
prevention programs be implemented for inmates in prisons and jails to assist in reducing the transmission of
HIV in the United States. n72 In spite of the Commission's proposal and the CDC's logical deduction
that the transmission of HIV in prisons will lead to the transmission of HIV in society, formal
guidelines regarding the prevention of HIV in correctional facilities have never been issued by the
federal government through the U.S. Public Health Service (USPHS), the CDC, or any other agency.
n73 This omission was reflected in a 1992 study done for the World Health Organization, which revealed that among nineteen countries
surveyed, "the United States was one of only four that did not have a national policy for HIV management in prison." n74 That the
U.S. remains without such a policy is appalling, especially in light of the fact that the U.S. has the
world's largest prison population, n75 at 2,258,983. n76 Furthermore, at least one U.S. [*262] federal
court has acknowledged that "[h]igh-risk behavior, particularly IV drug use and homosexual activity . . . is a
given in the prison setting, and no correctional approach can eliminate it." n77
26
Prisons Aff
Inherency - No Condoms
The CDC and the NCCHC both have recommended condom distribution, but have been
ignored
Larsen, Assistant Professor at St. Peter's College, teaching the law and ethics classes for the Criminal Justice
Department, 2008
(Kari, DELIBERATELY INDIFFERENT: GOVERNMENT RESPONSE TO HIV IN U.S. PRISONS, The Catholic
University of America Journal of Contemporary Health Law & Policy, 24:251, spring 2008, JWS)
Ten years after the CDC suggested the use of harm reduction techniques, U.S. correctional systems
continue to turn a blind eye to inmates' risky behavior and a deaf ear to the recommendations of our
principal federal healthcare agency. The suggestions of the NCCHC, although written more forcefully and
given a more prominent position than those of the CDC, are also universally ignored.
Federal health agencies suggest that prison administrations ought to distribute latex condoms to the
sexually active populations committed to their care and custody. Although the United States had 1668
correctional facilities in 2000, only seven systems have heeded this suggestion. n90 Condoms were distributed to
inmates in the homosexual dormitory on New York's Riker's Island (before it closed in 2006), n91 are distributed to inmates in the San
Francisco County jails, where the condoms are accompanied by counseling, n92 to inmates in Philadelphia, Los Angeles, and
Washington jail [*265] systems, n93 and in the state prison in Vermont. n94 In Mississippi, inmates can purchase condoms from
vending machines. n95
27
Prisons Aff
Inherency - No Condoms
Current US Prison services do not provide healthcare services unless there are extreme
conditions, meaning preventative measures against STDs are not available.
US Marshal Services, US Prison service, 09
(Prisoner Health Care Standards, USMS, no date given, JoY)
It is the policy of the U.S. Marshals Service (USMS) to ensure that all U.S. Marshals Service prisoners
receive medically necessary health care while at the same time ensuring that federal funds are not
expended for unnecessary or unauthorized health care services. Medical necessity, or a serious medical
need is defined as a valid health condition that, without timely medical intervention, will cause (1)
excessive pain not controlled by medication, (2) measurable deterioration in function (including organ
function), (3) death, or (4) substantial risk to the public health. The U.S. Marshals Service subscribes to
the following five rubrics for medical necessity decision-making:
1. The intervention must be intended to be used for a medical condition.
2. The peer-reviewed published evidence should demonstrate that the intervention can be expected to
produce its intended effects on health outcomes.
3. There is no other intervention that produces comparable or superior results in a more cost-effective
manner.
4. The interventions expected beneficial effects on health outcomes should outweigh its expected harmful
effects.
5. While nurses working in a utilization management program can approve care, only a physician should recommend alternative
treatments or deny care.
The USMS has authority (upon the recommendation of a competent medical authority or physician) to acquire and pay for reasonable
and medically necessary care (to include emergency medical care) to ensure the well-being of all USMS prisoners. It is, however,
NOT the policy of the USMS to provide either elective or preventative medical care. Necessary emergency medical
care should be provided to all USMS prisoners immediately. Prisoners in the custody of the USMS are usually in USMS custody for a
short period of time (less than 1 year) during their pretrial and trial phase. Many medically appropriate, non-emergency
procedures can and should be delayed until after the prisoners judicial status is resolved , as long as there is no
significant health risk to the prisoner, Treatment of pre-existing conditions which are not life-threatening or
medically necessary should be delayed until after the prisoners judicial status is resolved. The
purposes of these standards are to 1) define reasonable and medically necessary care for prisoner in
custody of the USMS, 2) to define those prisoner medical conditions that require treatment, 3) to
enumerate the specific elective or preventative medical interventions and procedures that are not routinely
authorized for payment by the USMS unless otherwise ordered by the court. Justification for exceptions to these standards
should be reviewed and approved by OIMS. These standards will be reviewed annually and updated as needed. These standards
refer to health care services and products which are to be charged to the USMS, and/or which require
a prisoner in USMS custody to make visits anywhere outside of the facility to which he/she is confined. Services
and products provided to USMS prisoners within correctional facilities and at no cost to the USMS are not prohibited. Section I of these
standards defines reasonable and medically necessary care. Section II defines conditions requiring treatment. Section III lists the medical
interventions, procedures, medications, and medical devices that are not routinely authorized for payment by the USMS. The medical
interventions, procedures, medications and medical devices that are listed in Section III of this brochure are NOT routinely authorized
for payment by the USMS unless ordered by the Court.
28
Prisons Aff
29
Prisons Aff
Prisoners have much higher rates of HIV infection due to risk factors
Jurgens World Health Organization 2007
EVIDENCE FOR ACTION TECHNICAL PAPERS EFFECTIVENESS OF INTERVENTIONS TO ADDRESS HIV
IN PRISONS Pg. 20 http://whqlibdoc.who.int/publications/2007/9789241596190_eng.pdf
Nevetheless, the review demonstrates that HIV infection is a serious problem in prison systems, and one
that requires immediate action. In many systems, rates of infection are many times higher than in the
community outside prisons, primarily attributed to IDU prior to incarceration (Macalino et al. 2004, with
many references). In other systems, rates are high because of high rates of HIV in the general population.
Everywhere, the prison population consists of individuals with greater risk factors for contracting HIV
(and HCV) compared to the general population. Such characteristics include injecting drug use,
poverty, alcohol abuse, and living in medically underserved and minority communities (Reindollar,
1999).
30
Prisons Aff
31
Prisons Aff
Overcrowding and poor physical conditions of prisons pose significant health concerns especially for
HIV prevention and care. Rape and various forms of sexual abuse are also frequent," said Brian Tkachuk, the
regional advisor. HIV/AIDS in prisons (UNODC Africa) during a presentation on HIV and prisons in Sub Saharan Africa at the fourth
annual HIV /AIDS Research and Exchange Conference (July 2-3) taking place at the Serena Hotel Kigali. The report says that cases of
sexual abuse are likely to be much higher than what is reported, while victims of rape and other forms
of sexual violence are at a higher risk of contracting HIV. High-risk sexual and other behaviour such as drug
injections and blood mixing, lack of prevention commodities including condom availability, safe tattooing and
injecting equipment, absence of intimate/private visits, social stigma institutional and societal neglect , are among the
key factors identified contributing to high HIV infection rates in prisons. "The vast majority of people
committed to prison eventually return to the wider society. Therefore reducing the transmission of HIV
in prisons is an important element in reducing the spread of infection in society outside of prisons ," Brian
noted. Meanwhile, the HIV situation in prison in Africa remains a highly neglected area. Available information suggests that the
situation is extremely dire in some places and needs urgent attention.
32
Prisons Aff
prisons. Although published studies suggest that the rate is less than 1 percent each year, that can still
mean large numbers of cases, Dr. Hammett said, because of the size of the prison population. Though
the total prison population is less than 2 million on any given day, 7.75 million people are released from
jails and prisons in a single year, he said.
33
Prisons Aff
34
Prisons Aff
35
Prisons Aff
36
Prisons Aff
37
Prisons Aff
15 times as likely as the general population to be HIV positive. The vulnerability of prisoners to HIV
and other STIs was shown by a recent study of 291 male prisoners (80% aged less than 35years) attending an
STI clinic in a large English prison over 18 months 54% required treatment for STIs (some for more than one), 39% had an
HIV test and 14% were vaccinated for hepatitis B. Interviews with 20 prisoners revealed that, prior to coming to prison, 60% had
attended an STI clinic, 40% had had an STI, and 70% had previously taken an HIV test. Also, some health care professionals
had proof that STIs (HIV and hepatitis C) were being transmitted in prison ; and the fact that 19 prisoners had
been in other prisons and that nine had been in five or more prisons highlighted the possibility of the transfer of infection between
prisons (Roberts 2003), as well as into the community on release. Prison population statistics show that a large
proportion of male prisoners aged 21 to 39 years are pleasure seekers and, since they are more likely than
the outside population to have injected drugs, had multiple female sexual partners, and sex with men, it is understandable that they
might want to celebrate release from the confines and frustration of a prison sentence with a potentially risky combination of sex, drugs
and alcohol (Ward 1996; Burrows 1995; Gore and Bird 1993). Sexual health screening and treatment services are not
consistently provided in prisons and, where they exist, are stretched to the limit . All prisoners must see a
medical officer within 24 hours of being admitted; however, their sexual health is not routinely assessed at this time
unless the prisoner identifies a problem. Also, many prisoners may be transferred or released before they are able to
complete the six-month course required for hepatitis B vaccination (HM Prison Service 1999), attend the set days of a clinic for
screening, test results or follow-up treatment, because they can only be moved if the custodial timetable allows (Roberts 2003).
38
Prisons Aff
39
Prisons Aff
proportion of inmates who indulge in homosexual intercourse while in prison range from 2% to 65%,
and most of this sexual contact is likely unsafe because few correctional facilities address the issue of
intraprison sex or distribute condoms (2). Nevertheless, inmate-to-inmate transmission of HIV has rarely been documented.
Taylor et al. (6) proposed that the paucity of evidence for transmission of HIV infection within correctional
facilities is probably accounted for by the difficulties in determining the time of HIV seroconversion in
relation to the period of incarceration, rather than by the rarity of the event. Krebs and Simmons (2) used
surveillance data from a 22-year period (January 1, 1978January 1, 2000) to identify inmates who contracted HIV while incarcerated in
the Florida state prison system. They reported that a minimum of 33 inmates contracted HIV while in prison, compared to 238 who
contracted HIV after leaving prison; inmates were more likely to have contracted HIV in prison by having sex
with other men than through injection drug use. Additional reports of HIV transmission in correctional facilities have
been published from Illinois (8 HIV seroconversions) (7), Nevada (2 seroconversions) (8), Maryland (2 seroconversions) (9), Australia
(1 seroconversion) (10), and Scotland (11). Yirrell et al. (11) determined that 13 inmates had acquired HIV infection by sharing needles
during their incarceration. Acute retroviral syndrome and primary HIV infection may be frequently unsuspected by the evaluating
clinician because the signs and symptoms are relatively nonspecific. However, within correctional facilities, the diagnosis of primary
HIV infection should be considered in the differential diagnosis of any inmate with an acute febrile illness associated with pharyngitis
and mucocutaneous lesions. Our report is limited in that virus was not sequenced to document transmission between inmates. Early
diagnosis of primary HIV infection can lead to successful antiretroviral intervention (12) and prevention of secondary transmission.
Whether antiretroviral treatment of acute HIV infection results in long-term virologic, immunologic, or clinical benefit is unknown. In
October 2005, the US Department of Health and Human Services Clinical Practices Panel noted that antiretroviral treatment of acute
HIV infection is optional. If the clinician and patient elect to treat acute HIV infection with antiretroviral therapy, treatment should be
implemented with the goal of suppressing plasma HIV RNA to below detectable levels; resistance testing at baseline will likely optimize
virologic response (13). We urge correctional facilities to address the issue of unprotected sex among
inmates and the associated transmission of sexually transmitted diseases within institutions (14). In 2001,
Wolfe et al. (14) reported that from 1991 to 1999, >5 outbreaks of syphilis occurred in Alabama prisons; multiple concurrent sex
networks involving 4, 7, and 10 inmates were identified in the 1999 outbreak. Wolfe et al. recommended that condom distribution
should be used to control sexually transmitted disease in correctional facilities. Nevertheless, in 2006, <1% of
US correctional facilities provide inmates with condoms. Reasons for not providing condoms include the conflict with policies
forbidding sexual intercourse (or sodomy) and the potential for condoms to be used as weapons or to smuggle contraband (15). In
contrast, condoms are available to inmates in all Canadian federal prisons and some provincial prisons;
few problems related to condom distribution have been reported from those systems (15). Wolfe et al.
proposed that providing condoms to prisoners may yield additional public health advantages beyond the
prison walls if exposure to and experience with condoms in this setting translate into increased use
after release.
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HIV-infected releasees stated they had sex soon after being released from prison. 64% of releasees said
their main sex partner from before inprisonment did not have HIV, but 24% of releasees reported
having sex with their main partners soon after release from prison. Half of the releasees were women. At
follow-up interviews after release from prison, 26% had already had unprotected sex with their main
sex partner, Dr. Wohl reported. The average time to sex after release was 6 days. All of the subjects said they had told their main
sex partners that they were HIV-infected, but only two thirds had told their other sex partners. Thirty percent of the subjects reported
they believed it was "very likely" or "somewhat likely" that they would infect their main sex partner This was a prospective
observational study. From May 01-Oct 02, 80 HIV-infected state prison inmates within 3 months of release were enrolled. Subjects were
interviewed prior to release about pre-incarceration and expected post-release sexual and drug-related HIV transmission risk behaviors.
Follow-up phone interviews were conducted 30-60 days following release. The average prison stays were about 1 or 2 years Of the 80
subjects enrolled (58% women, 87% non-white, 81% heterosexual, mean age = 36 yrs), 83% have been released. Pre-incarceration crack
cocaine use was reported by 84% of subjects and 29% had injected drugs. Post-release interviews have been conducted in 85% of those
eligible a mean of 36 days following release. Within 6 months of release, 2 subjects died and 4 were re-incarcerated. Prior to
incarceration, 74% of inmates had a main sex partner (MP) with whom 79% report unprotected sex during the year before incarceration
(54% of MP were HIV-uninfected). Seventy-five percent (75%) of inmates had other sex partners (OP) in the year prior to incarceration
(mean OP number = 12, range 1-1,460) and 74% had unprotected sex with their OP in the year before they came to prison (64% of OP
were HIV-uninfected; 19% were of unknown HIV status). Over half (51%) of releasees stated they had sex since release (mean time to
sex post-release = 6 days, range 1-744 hours). A MP without HIV or of unknown HIV status was reported by 64% of releasees with a
MP; however, 24% had unprotected sex with their MP since release. Given their current sex behavior, 31% of releasees felt that it was
very or somewhat likely that they would infect their HIV-negative MP. Since release, 16% reported using street drugs at least once a
week, 18% have used crack cocaine, and 8% have injected drugs. The authors concluded that immediately following
prison release a significant proportion of HIV-infected former inmates engage in behaviors with high
risk of transmitting HIV and may play a significant role in the transmission of the virus within the
communities to which they return. There is an urgent need for the development of interventions to
reduce HIV transmission risk behaviors of HIV-infected releasees.
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jails and prisons. By 1991, New Yorks Rikers Island jail has one of the highest TB rates in the country
(Petersilia 2000, 4). The introduction and reintroduction of HIV/AIDS into our communities and into
prisons presents no less a threat and no less a public health challenge. Prisons are filled with people
from poor and disenfranchised communities, many of whom are already poorly educated and already
suffer from limited access to health care and social services. Continuing that trend in prisons
exacerbates the HIV epidemic in prisons and spreads it to poor communities. This problem can be
solved. By establishing aggressive intervention and protreacted after-care, as several jurisdictions in the
United States have (Massachusetts and Rhode Island), high-risk behavior can be reduced and the
degenerative effects of the virus can be controlled (Watson & Riceberg 2002; Wright 2004).
from these issues and these judgments. Unfortunately our policy makers are mistaken and misguided.
A failure to address HIV/AIDS in prisons affects everyone in this society. To not respond says
something far more damaging about our society and its brutality and indifference. To not respond is
actively killing entire communities inside and outside of prison.
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social interests in achieving prisoner reentry maximizing ex-prisoner integration and minimizing the
public health threats to their communities. Prisons' and jails' failure to provide adequate treatment to a
wide variety of chronic conditions, mental illnesses, sexually transmitted diseases, and communicable diseases threaten those
communities with physical and financial harm, infection, and illness. Public health arguments , drawn in part from the emerging
reentry movement, have the potential to move society to pay the costs for decent prison health care out of clear
self-interest, where it has been unwilling to do so as a matter of justice and morality.
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HIV/AIDS in prison will help the public health of the wider community
Ruiz et. al, Acting Director, Public Policy Office, amfAR, The Foundation for AIDS Research, 2008
(Monica, HIV/AIDS in Correctional Settings: A Congressional Briefing, emerging issues AIDS 20/20 amfAR
briefings, March 2008, JWS)
As a result of poverty, addiction, and other forms of health and social disenfranchisement in their
home communities, inmates in correctional facilities have a uniquely high prevalence of communicable
disease, including HIV/AIDS.109 In some ways, this is not surprising given that, in almost every corner of
the world, HIV strikes the communities that are the least economically and politically empowered.110
The disparities observed in Americas correctional system reflect some of the problems seen in its
healthcare system. A strong commitment from all sectors of society is needed to reduce social and economic
disparities in both systems in order to enhance the health and well-being of all Americans, regardless of race
or ethnicity. While it may seem that the goals of the public health and corrections communities are
worlds apart, the reality is that both strive to improve the conditions in society that enhance public
safety and contribute to overall quality of life. Given the multidimensional impact of HIV/AIDS on
individuals and families, the public health and corrections/criminal justice communities should work
more collaboratively to address the socioeconomic disparities and environmental factors that put
individuals at risk for both HIV infection and incarceration. Prison health is public health.111 In order
to alleviate the devastating impact of HIV/AIDS on communities that are already disproportionately
affected by the epidemic, it is imperative to address the individual, social, and environmental factors that
predispose members of these communities to both HIV risk and risk of incarceration. It is equally
imperative that we take full advantage of the window of opportunity provided by incarceration to give
inmates access to the healthcare and social services that could facilitate reductions in morbidity and
mortality, successful reentry, and decreased recidivism. Doing so would not only benefit the health of
incarcerated persons, but also their families and communities.
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of color are
disproportionately represented in the U.S. correctional system. Approximately 60 percent of inmates in
state and federal prisons with sentences of longer than one year are African-American or Latino.7 In
addition to their over-representation in the correctional system, men and women of color are
disproportionately affected by HIV/AIDS (see Figure 2). Although African Americans represent only 13
percent of the total U.S. population, they account for more HIV and AIDS cases and more HIV related
deaths8 than any other racial or ethnic group. Latinos, the fastest growing racial or ethnic group in the U.S., are not far behind.
They account for 14 percent of the total U.S. population, but have the second highest HIV prevalence in the nation after African Americans.Women of color
are particularly hard hit by the epidemic. They not only represent the majority of American women currently living with HIV, but also account for the
majority of new HIV infections and existing AIDS cases among women .8
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47
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Condom distribution is keyit allows them to use safe sex skills, and it spills over into
communities when the prisoners return
Swarr, M.D. University of Pennsylvania School of Medicine, 2002
(Daniel, Lafayette University, 7-16-2, AIDS, Prison, and Preventative Medicine: Society's Debt to its Debtors,
http://ww2.lafayette.edu/~vast/swarr.html, July 5, 2009, JTN)
Educational programs are certainly one of the most crucial components of any preventative medical plan;
however, if prisoners, current or former, find themselves without the necessary resources to protect
themselves, it is likely that they will simply shrug off their newly acquired skills and lapse back into
their old, unsafe behaviors. However politically unacceptable it may seem, it is critical that prison
administrators overcome such difficulties and provide prisoners with the resources they need to
protect themselves from disease. For example, the taboos associated with condom distribution are
further complicated within the prison system, in part because any such program could be viewed by
some as resulting in one of the most undesirable things in the world of correctionsa loss of control
over prisoners. To officials, such an act amounts to accepting the fact that they are unable to
completely stop prisoners from participating in illicit activities. As inevitable and expected as such a loss
of control might be, it is foreseeable that administrators and politicians alike will fight to the death before
admitting such defeat. However, the rewards that such programs would reap are tantalizing. Providing
free condom dispensers in locations of the prison to which prisoners would have easy access but could
still retain some privacy, would give these individuals the opportunity to actually implement the
knowledge they acquired as part of the prison's AIDS education program. In addition, encouraging the
social acceptance of condoms within the confines of a prison is likely to increase usage among exprisoners in the outside community. Again, it seems that programs offered within the confines of a prison
have a strong potential to affect otherwise hard-to-reach communities.
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needed access to adequate treatment and care, they may also encourage linkage to community-based
health care once inmates are released. Project BRIDGE, a study conducted in the Adult Correctional Institute in Rhode
Island, clearly demonstrated that inmates receiving HIV care can successfully adhere to treatment regimens and be linked to HIV care
services in the community upon release.29 These findings are also supported by Lincoln et al. in a study in which they linked
Connecticut inmates to general health care services in the community upon release.28 Knowledge of HIV status and access
to HIV care inside prison may encourage ex-offenders to access care in the community by acting as a
catalyst for an individual to seek medical help to continue HIV treatment.
49
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50
Prisons Aff
51
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structural inequalities intersect and combine to shape the character of the HIV/AIDS epidemic
everywhere, both North and South, in developed as well as developing countries. In all societies,
regardless of their degree of development or prosperity, the HIV/AIDS epidemic continues to rage
but it now affects almost exclusively the most marginalized sectors of society, people living in situations
characterized by diverse forms of structural violence.6 It is in the spaces of poverty, racism, gender
inequality, and sexual oppression that the HIV epidemic continues todayin large part unencumbered
by formal public health and education programs, let alone by the advances in treatment that might
otherwise convince us that the emergency has passed. The context in which the HIV/AIDS epidemic
continues to expand in countries around the world is one of growing polarization between the very rich
and the very poor, increasing the isolation of some segments of the population at a time when others are
perversely integrated into the criminal economies of international drug smuggling and the like, and
increasing social inequalities that seem to be an integral part of globalization based on neoliberal economic
policies.
52
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53
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Deaths from AIDS already equal the number of deaths from the Black Death.
United Nations, The Impact of AIDS, 2004
(The Impact of AIDS, http://www.un.org/esa/population/publications/AIDSimpact/5_CHAP_II.pdf, 7/9/09, GMK)
Since 1981, when the first cases of AIDS were diagnosed, the world has been facing the deadliest
epidemic in modern history. Nearly 22 years after the start of the epidemic, mortality caused by AIDS has
attained orders of magnitude comparable to those associated with other visitations of pestilence. In
Europe alone, it is thought that over 20 million people died during the period 1347 to 1351 as a result of
the Black Death. In contrast, the human immunodeficiency virus is a slow killer. However, the Joint United
Nations Programme on HIV/AIDS (with the World Health Organization, 2002) estimated that by the end
of 2002 42 million people were living with HIV/AIDS and that an additional 22 million people had
already lost their lives to AIDS.
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Well win on magnitude- diseases outrank and outweigh terrorism and nukes.
Zakaria, Editor of Newsweek International, 05
(Fareed, A Threat Worse Than Terror, no date given, JoY)
A flu pandemic is the most dangerous threat the United States faces today," says Richard Falkenrath,
who until recently served in the Bush administration as deputy Homeland Security adviser. "It's a bigger
threat than terrorism. In fact it's bigger than anything I dealt with when I was in government." One makes a
threat assessment on the basis of two factors: the probability of the event, and the loss of life if it
happened. On both counts, a pandemic ranks higher than a major terror attack, even one involving
weapons of mass destruction. A crude nuclear device would probably kill hundreds of thousands. A flu
pandemic could easily kill millions.
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Condoms Solve
Condoms are needed in prisons to reduce HIV/AIDS transfer
Ruiz et. al, Acting Director, Public Policy Office, amfAR, The Foundation for AIDS Research, 2008
(Monica, HIV/AIDS in Correctional Settings: implications for prevention and treatment policy, emerging issues
AIDS 20/20 amfAR briefings, March 2008, JWS)
The incarcerated population in the U.S. is larger than that of any other nation. At the end of 2006,
more than one in 100 adults were incarcerated in federal and state prisons and local jails. Compared
with the population at large, incarcerated individuals are disproportionately affected by HIV/AIDS; the
prevalence among prisoners is more than three times that of the general U.S. population. Communities of
color are disproportionately represented in the U.S. correctional system and are affected by HIV/AIDS
at higher rates than other groups.
The presence of HIV-infected persons and those at high risk of infection in the correctional system
poses a critical challenge to both the correctional health system and the public health community.
Addressing this challenge offers meaningful opportunities to effectively reach these individuals and
engage them in HIV prevention, treatment, and care. amfAR, The Foundation for AIDS Research, has
reviewed the scientific literature pertaining to HIV prevention and treatment in correctional settings and has
developed the following recommendations based on the available evidence. HIV Prevention Preventing the
spread of HIV in correctional facilities requires the implementation of comprehensive testing, education,
and harm reduction programs, as well as mental health care and addiction treatment. HIV Testing Routine
HIV testing with the option to opt out should be offered as a component of standard medical care to inmates,
and those who refuse testing should not experience adverse consequences. Inmates choosing to be tested
should receive their results (whether positive or negative) in a timely fashion. Incarcerated individuals who
test positive for HIV should be provided with treatment, care, and supportive services. HIV Prevention and
Education Services Incarcerated individuals should be able to participate in HIV/AIDS education and
prevention programs. Special care must be taken to use instructors such as peer educators who are able to
establish the trust and rapport that are needed to discuss sensitive topics including sexual practices, substance
abuse, and HIV/AIDS. Comprehensive HIV/AIDS education programs should also be offered to
correctional staff in order to reduce stigma and discrimination against HIV-positive prisoners. Harm
Reduction Measures, Substance Use, and Mental Health Correctional facilities should consider
instituting harm reduction policies such as providing condoms and access to sterile syringes to inmates.
Research conducted at correctional facilities in Europe has shown that the provision of sterile syringes
in such settings has not resulted in increases in drug use or security concerns. Similarly, the provision of
condoms in correctional settings has not been associated with increased security concerns. Given this
evidence and in light of the fact that sharing injection equipment and engaging in unprotected sexual
intercourse place inmates at risk for a variety of infectious diseases, correctional officials should
reconsider policies prohibiting the provision of harm reduction and HIV prevention materials to
inmates
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Condoms Solve
Distributing condoms in prisons would be an effective way to prevent HIV spread
Childs, ABC News Medical Unit, 2006
(Dan, ABC News, December 14, Free Condoms for Prisoners? Barrier Contraception Could Stem High Levels of
HIV Infection in Correctional Facilities, Experts Say http://abcnews.go.com/Health/AIDS/story?
id=2724605&page=1, Accessed July 6, 2009, JTN)
It is difficult to pin down an exact statistic on how many prisoners are having sex. Various studies have arrived at figures ranging from 2
percent to 30 percent. But research also shows that prison sex is risky sex. One study in 2002 estimated that
about one-quarter of the U.S. population infected with HIV had spent some time each year in a prison
or jail. Hence, a certain number of prisoners who go in HIV negative come out HIV positive. Health
experts say distributing condoms to these prisoners would be a wise approach to the problem. Some say
that distributing condoms in prisons and jails may also prevent taxpayers from eventually having to pay to care for HIV-infected
inmates. "If prisoners transmit [sexually transmitted infections] or HIV/AIDS to each other, the public will have to spend the money to
take care of them," said Dr. June Reinisch, director emeritus of the Kinsey Institute for Research in Sex, Gender and Reproduction.
"Whether you are on the side of caring about their health or are against their having sexual
interactions -- which we are unlikely to influence one way or another by providing condoms or not -we may be saving the public millions of dollars in health-care costs for taking care of the sick
prisoners," Reinisch said.
Condoms are essential to the prevention of AIDS and only four percent of prisons support
this cost-cutting measure
ACLU 2004
Prisoners Rights http://www.alrp.org/downloads/AIDS%20Law-%20Prisoner's%20Rights.pdf
Numerous studies have found that condoms are essential in the prevention of HIV.80 Properly cleaning
needles with bleach will prevent transmission through intravenous drug use. The Centers for Disease
Control and Prevention strongly supports the distribution of both condoms and bleach within the
prison system, yet only four percent of jails - specifically the urban jail systems of New York, Washington
D.C., San Francisco, and Philadelphia - make condoms available to inmates. Only ten percent allow
condom distribution. Twenty percent make bleach available.81 The remaining facilities consider syringes,
needles, bleach, condoms, or any latex barrier to be contraband. A commonly held estimate of the annual
cost of incarceration is $25,000 per prisoner. The Correctional HIV Consortium estimated in 2001 that
the cost of caring for an HIV positive inmate was $80,396 per year and $105,963 for those diagnosed
with AIDS.82 Preventing HIV in prisons, therefore, proves to be not only life-saving, but also cost
effective.
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Condoms Solve
Condom programs are feasible, successful elsewhere, and crucial to prevent HIV
Tucker, Chang, and Tulsky Division of Infectious Diseases, Division of Medicine, Division of
Medicine and Positive Health Program 2007
(Joseph D., Susanne W, Jacqueline P. Massachusetts General Hospital, University of California San Francisco,
University of California San Fransisco October 21 The catch 22 of condoms in US correctional facilities BMC
Public Health 2007, 7:296 TBC)
This article makes the following arguments to justify a scalable and feasible next step in the prevention of HIV/STIs among inmates:
condoms are a basic and essential part of HIV/STI prevention, HIV/STI transmission occurs in the
context of corrections, and several model programs show the feasibility of condom distribution in
prisons. A lower end estimate for HIV incidence among incarcerated applied to 2,000,000 new inmates
annually results in thousands of new HIV infections acquired each year in corrections that could be
prevented with condoms in corrections facilities. Programs from parts of the United States, Canada,
and much of Europe show how programs distributing condoms in correctional facilities can be safe
and effective.
Empirically Proven: In all examples condoms have worked and overcome stigma
Tucker, Chang, and Tulsky Division of Infectious Diseases, Division of Medicine, Division of
Medicine and Positive Health Program 2007
(Joseph D., Susanne W, Jacqueline P. Massachusetts General Hospital, University of California San Francisco,
University of California San Fransisco October 21 The catch 22 of condoms in US correctional facilities BMC
Public Health 2007, 7:296 TBC)
Large scale national programs making condoms available in prisons have been present in Canada and
many European nations for over a decade. The proportion of European prison systems allowing condoms rose from 53%
in 1989 to 81% in 1997 [21]. More importantly, none of the penal systems that have introduced condom
distribution have reversed their policy, and the number of correctional facilities with condoms grows
each year. The Canadian HIV/AIDS Legal Network and the Canadian AIDS Society argued early in the 1990s for more widespread
condom availability independent of inmates asking for them [21]. This policy was adopted by the Canadian government, and has proven
feasible and effective [22]. Canadian law now guarantees that condoms be available in three discrete unique locations in the prison, in
addition to being provided for conjugal visits [23]. In Australia, 50 prisoners brought legal action against the state for non-provision of
condoms, prompting the provision of condoms in New South Wales. This policy has since been found effective and
sustainable [24]. Stigma associated with obtaining condoms in prison environments did not limit the
utility of the program since condoms were available in multiple locations without asking a physician;
such measures would be important to ensuring that the stigma associated with homosexual behaviors
often found in correctional settings does not limit opportunities for HIV prevention. The increasing number
of international jails and prisons distributing condoms provides useful information about structuring scalable successful programs.
59
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Condoms Solve
Condoms are key to prevent sexually transmitted infections, solve the violation of prisoners
rights, and the stigma attached to homosexuality
Tucker, Chang, and Tulsky Division of Infectious Diseases, Division of Medicine, Division of
Medicine and Positive Health Program 2007
Joseph D., Susanne W, Jacqueline P. Massachusetts General Hospital, University of California San Francisco,
University of California San Fransisco October 21 The catch 22 of condoms in US correctional facilities BMC
Public Health 2007, 7:296
Basic HIV prevention services only begin with the widespread availability of condoms. While the
stigma associated with homosexual behaviors and condom use in prisons would be difficult to change,
providing prisoners direct access to condoms could serve to limit the stigma attached to these risk
behaviors. Security, medical and public health groups must collaborate to form policy introducing condoms,
HIV education, and comprehensive STD screening in jails and prisons. Experiences from several parts of
the US, Canada, and much of Europe show that condoms can safely and effectively prevent STIs in
prisons. Leverage from lawyers and activists to characterize how prisoners are currently denied their
right to the most basic HIV prevention tools may help serve to catalyze change. State and national
politicians in the US have identified this as important issue worthy of legislative action. Neither federal [25]
nor statewide[26] legislative efforts have successfully resolved the Catch-22 of ensuring condom access
among incarcerated individuals in the United States. Public health and corrections officials must work
together to ensure that condoms and broader sexual disease prevention programs are integrated into US jail
and prison health systems.
Other countries have already had success with similar programs, in spite of given reasons
against condom distribution
Larsen, Assistant Professor at St. Peter's College, teaching the law and ethics classes for the Criminal Justice
Department, 2008
(Kari, DELIBERATELY INDIFFERENT: GOVERNMENT RESPONSE TO HIV IN U.S. PRISONS, The Catholic
University of America Journal of Contemporary Health Law & Policy, 24:251, spring 2008, JWS)
Currently, a bill (AB 1677) regarding condom distribution within California prisons is pending in the
California State Assembly. If enacted, AB 1677 would allow not-for-profit organizations to distribute
sexual barrier protection devices, such as condoms or dental dams, to inmates. Included in the bill is a
disclaimer of sorts; a caveat to the reader that "the distribution of these devices shall not . . . be
deemed to encourage sexual acts between inmates." n96
Most U.S. prison systems refuse to distribute condoms for fear that 1) the condoms would be filled up
with sand or dirt and used as weapons; 2) that the condoms would be used to hide contraband; and 3)
that the distribution of condoms would implicitly suggest that sex is permitted. n97 Notwithstanding
these concerns, the Joint United Nations Programme on HIV/AIDS (UNAIDS) recommends the
distribution of condoms to all prisoners. n98 In keeping with this recommendation, 81% of prison
systems in Europe provide condoms to inmates, n99 as do all Canadian federal prisons, where there
have been no reported incidents of condoms being used as weapons. n100 However, 10% of Canadian
prison guards view condoms as a nuisance, because prisoners use them as water balloons. n101 In spite of the
availability of condoms to Canadian prisoners, sexual conduct in prison [*266] remains an institutional
offense. When asked if the distribution of condoms in Canadian prisons implies that sexual activity is
permitted, Ralf Jurgens, director of the Canadian HIV/AIDS legal Network, explained, "Fighting the
spread of HIV is more important than upholding so-called morality when the activity is occurring
(even in the absence of condoms)." n102
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Condoms Solve
HIV Is A Major Problem In Prison, Condom Distribution Will Solve
McCroy, Freelance writer who works for numerous New York publications, including the
New York Blade and GO NYC Magazine, 2009,
(The foundation for aids research Putting HIV on Lockdown, April 20,
http://www.amfar.org/community/article.aspx?id=7176, Accessed 7/6/09 By SA )
In the U.S., HIV prevalence in correctional facilities is three times higher than in the general
population. With America incarcerating one in 100 adultsmore than any other countryHIV in
prisons is a national crisis. And since 90 percent of prisoners are released back into the community, this
problem impacts people in jail and in the community. Prisoner advocates agree that it is time to tackle the
problem aggressively, but a close look at HIV behind bars reveals the complexity of that task. An effective
campaign would start with HIV testing upon intake but it would also need to provide clinical care
during incarceration, plus prevention and harm reduction measures in prisons, including condom
distribution and syringe exchange.
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Condoms Solve
Current programs have worked, none have been cancelled
Ruiz et. al, Acting Director, Public Policy Office, amfAR, The Foundation for AIDS Research, 2008
(Monica, HIV/AIDS in Correctional Settings: A Congressional Briefing, emerging issues AIDS 20/20 amfAR
briefings, March 2008, JWS)
Although sexual and substance use behaviors are not permitted in incarcerated settings, the reality is that
such behaviors do occur. Therefore, efforts to reduce the risk of infection from these behaviors would
benefit both the incarcerated persons and the communities to which they return. Indeed, researchers and
advocates have expressed the need for more harm reduction programs in prisons and jails.60 While the use
of harm reduction strategies such as condoms and access to sterile injection equipment in correctional
facilities is endorsed by theWorld Health Organization, 61 the vast majority of U.S. prisons and jails
specifically prohibit the distribution and possession of these items.50 Condoms are currently provided
on a limited basis in only two state prison systems (Vermont and Mississippi) and five county jail
systems (New York, Philadelphia, San Francisco, Los Angeles, andWashington, D.C. ).24 Contrary to
critics arguments, few inmates have used condoms as weapons or to smuggle contraband into
correctional facilities11,62 and there is no evidence that sexual activity within correctional facilities has
increased as an outcome of condom distribution.62,63 In fact, in those correctional institutions (both in
the U.S. and elsewhere) where a condom availability program exists, there have been no security or
custody issues that resulted in the closure of the program.
Leading health agencies concur that condoms are vital to prevent AIDS in prisons
Sylla, MPH, 08
(Mary, Champ Network, Prisoner Access to Condoms in the United States The Challenge of Introducing Harm
Reduction into a Law and Order Environment, 5/18/08,
http://www.champnetwork.org/media/Prisoner_Access_to_Condoms_in_the_United_States-Sylla.pdf, 7/8/09, JPW)
The combination of high HIV prevalence, documented risk behavior among prisoners and the high incarceration rates in the US have
resulted in many calls for prisoner access to condoms in U.S. jails and prisons . The World Health Organization says,
[s]ince penetrative anal sex occurs, even when prohibited, in prisons, condoms should be made
available to prisoners throughout their period of detention. (WHO, 2004). The United Nations Joint
Programme on AIDS concurs: UNAIDS believes it is vital that condoms, together with lubricant, should
be readily available to prisoners. (UNAIDS). And the National Minority AIDS Council recommends
that nonprofit organizations, government and public health agencies be allowed to distribute condoms
in prison facilities, pointing out that [e]nsuring access to condoms in prisons would not only protect
prisoners, but also the health and lives of the people in the communities to which they will return.
(NMAC) In many other countries, including Canada, Australia, Costa Rica, and Brazil, South Africa and throughout Europe, prisoners
have access to condoms (Hellard & Aitken, 2004; World Health Organization (WHO), 2001). International agencies consistently\ report
that the in-custody condom distributions programs throughout Europe, Canada, and Australia encounter few problems and are wellaccepted by both inmates and custody personnel (Hellard & Aitken, 2004; WHO, 2001). But in just two prisons and five jail systems in
the U.S. (Braithwaite & Arriola, 2003; Hammett, Harmon, & Rhodes, 2002)
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Prisons Aff
population are nearly five times more likely to be infected with HIV than members of the general
population, according to the federal Centers for Disease Control and Prevention . The rate of HIV infection in
Washington state is much lower than the national average, Department of Corrections officials estimate, but it is hard to tell for certain
because prisoners in Washington aren't required to take an HIV test upon entering the system. "We don't have a lot of data, and we don't
have a lot of plans for addressing this issue," Darneille said. "This bill tries to address that conundrum and establishes a process for the
Department of Corrections and the Department of Health to work together in addressing this issue of transmission and the level of
disease in the prison setting." The CDC identified sex between inmates, tattooing and intravenous drug use in
prisons as risk factors for HIV and Hepatitis C infection, which affects about 30 percent of inmates in
the state. Marc Stern, health services director for the Department of Corrections, said that because it is illegal for people to have sex
while incarcerated, giving them condoms could be seen as promoting illegal behavior. "We're trying to send the message that sex in
prison is not OK," he said. "We're afraid that issuing condoms sends a mixed message." He said it's also unclear how many inmates
actually get infected with HIV while in prison. A CDC study of inmates in Georgia found that although the prison population had a
higher prevalence of HIV infection, few of those infections occurred inside the prison system. Of those prisoners who were infected with
HIV, 91 percent of them were infected before they arrived in state care. Nearly two-thirds of those infected in jail reported having malemale sex with other inmates. "Our interpretation of those results is that every additional case of HIV is something that is important and
that we should try to avoid, but the amount of transmissions in prisons based on that data is very small," Stern said. "There might be one
case of HIV transmitted in prisons in the state of Washington in a four- to five-year period." Dr. Jeff Schouten, chairman of the
Governor's Advisory Council on HIV/ AIDS, said he and other members of the council interpreted the data differently: "We thought the
number of new infections was significant." He said there's evidence that prisoners would use protection if it were
made available to them. In the Georgia prison study, the CDC found that about 30 percent of inmates
engaging in consensual sex reported using condoms or improvised barrier protection methods.
"There's a demand for it," Schouten said. Darneille compared the act of distributing condoms in prisons to running a needle
exchange for IV drug users. "It doesn't really stop people to say, 'That's not allowed, so we'll just ignore it,' "
she said. "If you say to someone, 'You're utilizing drugs -- let me give you education and at the same
time make treatment available,' then you can move someone toward living a clean lifestyle. The same is
true in prison."
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human rights mechanism. "And it either took no notice of or used delaying tactics on the requests of
relevant UN agencies to visit its Guantanamo Bay prison camp in Cuba." Domestically, Americans were
"threatened by rampant violent crimes and severe infringement of civil rights by law enforcement
departments". "Police violence and infringement of human rights by law enforcement agencies also
constitute a serious problem," the report said. It highlighted the widely publicised case of Chinese citizen Zhao Yan who was
handcuffed and beaten last year while in the United States on a business trip. The report also lashed out at the US being a democracy
"manipulated by the rich", saying four billion dollars was spent on the presidential election while "poverty, hunger and homelessness
haunt the United States". China also bemoaned the fact that "racial discrimination has been deeply rooted in the
United States, permeating into every aspect of society", saying coloured people were generally poorer
than whites. "Racial prejudice is ubiquitous in judicial fields," it said. "The proportion for persons of colored races
being sentenced or being imprisoned is notably higher than whites." The situation of American women and children was also
"disturbing". "The rates of women and children physically or sexually victimized were high," said the report, claiming that 400,000
children were forced to work as prostitutes in the United States. "No country should exclude itself from the
international human rights development process, or view itself as the incarnation of human rights
which can reign over other countries and give orders to the others," it said. "Even the United States
shall be no exception."
US human rights violations undermine our ability to promote universal human rights
ACLU 2006
7/10/2006ACLU Urges U.S. Accountability for Human Rights Violations U.N. Committee Convenes to Evaluate
Abysmal U.S. Human Rights Record http://www.aclu.org/intlhumanrights/gen/26100prs20060710.html Accessed
7/9/08 TC
The American Civil Liberties Union today charged the U.S. government with failure to uphold civil
and political rights and expressed grave concerns over serious setbacks in rights protections over the
past several years. An ACLU delegation arrives this week in Geneva to brief the 18 human rights experts
of the U.N. Human Rights Committee (HRC) and to monitor the committee's examination of U.S.
compliance with the International Covenant on Civil and Political Rights (ICCPR), a major international
human rights treaty ratified by the U.S. in 1992. "Respect for universal human rights begins at home
and not though public relations campaigns and programs to promote human rights overseas," said
Jamil Dakwar, an attorney with the ACLU Human Rights Program. "The commitment of the U.S. to civil
and political rights has proven to be hollow for many American citizens and non-citizens who suffered
from U.S. policies and actions in the United States and abroad."
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country
made little progress in embracing international human rights standards at home. Most public officials
remained either unaware of their human rights obligations or content to ignore them . As in previous years,
serious human rights violations were most apparent in the criminal justice system-including police
brutality, discriminatory racial disparities in incarceration, abusive conditions of confinement, and statesponsored executions, even of juvenile offenders and the mentally handicapped. But extensively documented human rights
violations also included violations of workers' rights, discrimination against gay men and lesbians in the military, and
the abuse of migrant child farmworkers. The United States in 2000 submitted reports on its compliance with two international human
rights treaties-the Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment-to the respective treaty monitoring bodies. Both reports acknowledged
significant abuses of the rights affirmed in those treaties. The initial report of the U.S. to the United Nations Committee against Tortureproduced four years after it was due-acknowledged areas of "concern, contention and criticism" with regard to police abuse, excessive
use of force in prison, prison overcrowding, physical and mental abuse of inmates, and the lack of adequate training and oversight for
police and prison guards. Nevertheless, the initial report was incomplete and misleading in several important aspects. It failed to
acknowledge crucial weaknesses in laws and mechanisms to protect the right to be free of torture and cruel, inhuman or degrading
treatment or punishment, as well as the serious obstacles abuse victims face in securing legal redress. It failed also to confront
forthrightly the prevalence of abuses against detained and incarcerated men, women and children throughout the United States. The
report also glossed over the impact of the reservations, understandings, and declarations the United States made when it ratified the
convention. The United States redefined torture, as prohibited by the convention, to include only conduct already prohibited under the
U.S. Constitution and to exclude, with few exceptions, mental torture that is not accompanied by physical torture. It also declared the
treaty to be non-self-executing, and then failed to enact implementing legislation, with the result that U.S. residents cannot turn to the
courts to seek protection of the rights affirmed under the treaty. The U.S., in effect, declined to change its laws to bring
them up to international standards. In May, the U.N. Committee against Torture issued a statement of
conclusions and recommendations highlighting a range of U.S. practices that contravened the
convention. The committee's concerns included: ill-treatment by police and prison officials, much of it racially discriminatory; sexual
assaults upon female detainees and prisoners and degrading conditions of confinement of female prisoners; the use of electro-shock
devices and restraint chairs; the excessively harsh regime of super-maximum security prisons; and the holding of youths in adult prisons.
The committee urged the U.S. to enact legislation making torture a federal crime; to withdraw its reservations and declarations to the
convention; to take the necessary steps to ensure those who violate the convention are investigated, prosecuted, and punished; to prohibit
stun belts and restraint chairs; and to ensure that minors are not incarcerated in adult facilities. In September, the U.S. produced-five
years late-its initial report to the United Nations Committee on the Elimination of Racial Discrimination . With unprecedented
and welcome candor, the report acknowledged the persistence of racism, racial discrimination and de
facto segregation in the United States. The tenor and content of the report signaled the Clinton
Administration's recognition that despite decades of civil rights legislation and public and private
efforts, the inequalities faced by minorities remained one of the country's most crucial and unresolved
human rights challenges. One of the report's most significant weaknesses was in its consideration of
the role of race discrimination in the criminal justice system. It acknowledged the dramatically disproportionate
incarceration rates for minorities, noted the many studies indicating that members of minority groups, especially blacks and Hispanics,
"may be disproportionately subject to adverse treatment throughout the criminal justice process," and acknowledged concerns that
"incidents of police brutality seem to target disproportionately individuals belonging to racial or ethnic minorities." But it did not
question whether the ostensibly race-neutral criminal laws or law enforcement practices causing the incarceration disparities violated
CERD, nor did it acknowledge the federal government's obligation, under CERD, to ensure that state criminal justice systems (which
account for 90 percent of the incarcerated population) were free of racial discrimination. The report did acknowledge the dramatic,
racially disparate impact of federal sentencing laws that prescribe different sentences for powder cocaine versus crack cocaine offenses,
even though the two drugs are pharmacologically identical. The laws impose a mandatory five year prison sentence on anyone convicted
of selling five grams or more of crack cocaine, and a ten year mandatory sentence for selling fifty grams or more. One hundred times as
much powder cocaine must be sold to receive the same sentences. By setting a much lower drug-weight threshold for crack than powder
cocaine, the laws resulted in substantially higher sentences for crack cocaine offenders. Although the majority of crack users were white,
blacks comprised almost 90 percent of federal offenders convicted of crack offenses and hence served longer sentences for similar drug
crimes than whites. While recounting the Clinton Administration's unsuccessful effort to secure a limited reform of the cocaine
sentencing laws (a reform which, in any event, would still have left black drug defendants disproportionately vulnerable to higher
sentences), the report did not venture an assessment of whether the current laws violate CERD. Nor did it consider whether the striking
racial differences in the incarceration of drug offenders at the state level was consistent with CERD, reflecting the Administration's
general reluctance to subject the U.S. war on drugs to human rights scrutiny. As reflected in the report, the Administration also
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maintained its failure to become party to important human rights treaties, including the International
Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW). It was one of only two countries in the world-with
Somalia, which has no internationally recognized government-that had not ratified the Convention on
the Rights of the Child. In addition, little progress was made toward signing and ratifying core
International Labour Organization conventions intended to protect basic labor rights , though the Clinton
Administration did sign ILO Convention No. 182, the Convention concerning the Prohibition and Immediate Action for the Elimination
of the Worst Forms of Child Labour in December of 1999. It also submitted an ILO Convention concerning employment discrimination
to the Senate for ratification, but the Senate did not act.
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No Condoms = No HR
Denying access to condoms in prisons marginalizes populations and causes human
suffering
Keiger, Editor of the Johns Hopkins Public Health, 2004
(Dale, John Hopkins Public Health, Rights to Life, Fall 2004,
http://www.jhsph.edu/publichealthnews/magazine/archive/Mag_Fall04/rights_life/index.html accessed 7/6/09, TAZ)
Beyrer cites another example, this one in the United States: Inmates of many federal prisons cannot obtain
condoms. Prisoners are asking for condoms to protect themselves from forced sexual partnerships. It
seems to me, since we know the prison population is the highest HIV population in the U.S., that this is
a clear example of the state actually denying people the right to protect themselves. This, he argues, is
a health problem made worse by human rights violations. Repressive and kleptocratic governments
and sometimes democratic onescreate public health problems. And public health research tools are
effective means of studying the consequences of misrule and rights violations. Discrimination against
marginalized social groups, suppression or distortion of information, violation of privacy rights, the
use of mass rape as a weapon of war, extrajudicial executions, torture, ethnic cleansingall cause
human suffering in ways that scientists like epidemiologists are good at assessing. Those assessments, says
Beyrer, can drive political change.
Identifying conditions for safe sexual encounters is by now a public health no-brainer. HIV prevention
interventions must be instituted in both prisons and jails without further delay. Condoms are an
obvious element of such interventions, and, given that we have findings from a rigorously conducted
study that demonstrate the existence of the problem, we are, as a nation, ethically obligated to act.
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HR Abuse in Prisons
Because of the immense number of inmates with HIV/ AIDs, prisoners rights are often
ignored
Larsen, Assistant Professor at St. Peter's College, teaching the law and ethics classes for the Criminal Justice
Department, 2008
(Kari, DELIBERATELY INDIFFERENT: GOVERNMENT RESPONSE TO HIV IN U.S. PRISONS, The Catholic
University of America Journal of Contemporary Health Law & Policy, 24:251, spring 2008, JWS)
At the end of 2003, 22,028 state inmates and 1631 federal inmates were known to be infected with HIV.
n1 The HIV-positive inmates, a total of 23,659, accounted for 1.1% of all federal inmates and 2.0% of state
inmates, or 1.9% of the entire prison population in the United States. n2 Several states had exceedingly
high percentages of HIV-positive inmates. For example, 7.6% of state prisoners in New York and 4.2% of
state prisoners in Maryland were confirmed to be HIV positive. n3 Moreover, the number of confirmed
AIDS cases was more than three times higher among state and federal prisoners than in the general
population of the United States. n4 Although the total number of HIV-positive inmates in 2003 decreased from the 23,864 recorded in 2002, n5 this decrease reflects the deaths of 282
prisoners who succumbed to AIDS related causes during 2003. n6 Taking these deaths into account, it is apparent that United States prison systems recognized 359 new cases of HIV in 2003. It is unclear whether these
359 [*252] new infections were acquired by the inmates before they were taken into custody, or while they were incarcerated.
As a consequence of these formidable statistics, corrections officials have been faced with protecting
the constitutional rights of HIV-positive prisoners, while at the same time protecting the other inmates
from exposure to the virus. This is particularly difficult in an environment where behaviors known to spread the virus, particularly intravenous drug use and sex, are commonplace, even
though prohibited. Exact statistics regarding intraprison transmission are difficult to ascertain, because most statistics include a combination of inmates who were infected prior to entering the system as well as persons
infected while inside the system. n7 However, the spread of HIV in prison has been documented in the United States, n8 as well as abroad, n9 and it is recognized as a grave concern. n10
The difficulties faced by correctional administrators in containing the virus are intensified by the fact
that the federal government, through its health agencies, has not established a national policy
addressing HIV prevention in prison. The absence of a national policy to prevent HIV transmission in
prison has led to a public health crisis, exacerbated by the federal courts' reluctance to interfere with
the policies and practices of prison administrators, even when confronted with claims that correctional
officials' approaches to HIV care and prevention violate the constitutional rights of prisoners.
The first part of this article will discuss HIV and its transmission in prison, the lack of a national policy to prevent transmission among prisoners, and the federal recommendations that are systematically ignored by
prison administrations. The second part of the article will address the practice of segregating HIV-positive
prisoners and how this may compromise the constitutional rights of privacy and due process. The last
part of the article focuses on the Eighth Amendment and suggests that the distribution of [*253]
prophylactic devices, such as condoms and sterile needles, is required under the Eighth Amendment to
prevent the transmission of HIV among prisoners.
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HR Abuse in Prisons
Rights Key to Start Coalitions to Prevent Degradation and Otherization
Esplen, Research and Communications Assistant at BRIDGE, 07
(Emily, GENDER and SEXUALITY: Supporting Resources Collection, http://74.125.155.132/search?
q=cache:k10vYf-noD8J:www.bridge.ids.ac.uk/reports/CEP-SexualitySRC.doc+%22prisoners+rights%22+
%22sexual+health+care%22&cd=4&hl=en&ct=clnk&gl=us&client=firefox-a, 7/5/09, DKL)
The idea of dignity and rights in the body is powerful and can unify coalitions across groups that for
too long have worked in fragmented ghettos: LGBT and trans groups; reproductive health and rights
groups; disability rights, HIV/AIDS and treatment access groups; feminists mobilised around violence
against women and female genital mutilation; sex workers, Central American banana workers challenging
use of harmful pesticides; and prisoners rights groups fighting sexual and other forms of torture and
degradation. (p.315) Much groundbreaking work has been done by the movement against Violence against
Women (VAW). At the same time, however, the emphasis on violence has produced an image of Third
World women as helpless victims of culture, which dovetails with right-wing rhetoric about preserving
womens chastity. For example, President Bush has justified waging war in Afghanistan on the grounds
of protecting women, and in UN speeches he has linked the war on terror with efforts to combat the
sexual slavery of girls and women. In contrast to women, sexual violence against men has been less
visible. However, with Abu Ghraib, the sexual humiliation and torture of Iraqi men became visible
throughout the world. This was partly a strategy of war, designed to spread far and wide the images of what
US intelligence had identified as particularly humiliating images in terms of Muslim cultural phobias, and
in terms of the views of the US Christian right itself: presenting men as less than men, or as
homosexualised. This 21st century perpetual war and the new possibilities of sexual rights
mobilisation call for a re-casting of the bodily integrity rights formulated in Cairo and Beijing. We
need to move beyond approaches that cast women as victims and men as invulnerable. We need to
forge alliances between womens movements and others mobilising for sexual and bodily rights such as
LGBT, sex workers, people living with HIV/AIDS, and intersex people. We need to move beyond the
exclusive focus on violence to ask for positive rights as well.
Prisoners in The U.S. Have Less Rights Than Most Places In the World
Smith Professor of Law at the American University Washington College of Law 06
(Brenda, Rethinking Prison Sex:: Self-Expression and Safety, Colum. J. Gender , http://74.125.155.132/search?
q=cache:HdCehj5CSH0J:www.wcl.american.edu/nic/documents/3.AnalyzingPrisonSex.pdf+%22prison+sex%22+
%22non+consensual%22+%22United+States%22&cd=1&hl=en&ct=clnk&gl=us&client=firefox-a, 7/6/09, DKL)
Unfortunately, the United States has a history of exceptionalism or opting out of human rights
obligations.56 The U.S. has limited the application of the ICCPR, the CAT, and regional instruments
like the Declaration and Convention to its obligations under the Fifth, Eighth, and Fourteenth
Amendments of the U.S. Constitution.57 These exceptions limit the formal structures forholding the U.S.
accountable for compliance with international human rights norms but are still powerful and persuasive as
practices and norms adhered to by other countries. The challenge is to use these norms to influence U.S.
policies and practices.5 Notwithstanding its exceptionalism and antipathy toward international law,59 the
U.S. like any other country is influenced by the practices of other countries. In the area of granting
greater sexual expression to prisoners, however, the U.S. lags behind. Although the SMR is silent as to
sexual relations, Rule 60(1), die principle of normalcy, "implies that sexual contact between prisoners
and their partners should be allowed if [it] is possible under relatively normal conditions."60 Many
other countries permit sexual expression in institutional settings,61 define these visits under the rubric
of either intimate or conjugal visics, and permit prisoners to have intimate and other contact with
spouses, partners, and family.
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HR Abuse in Prisons
Prisoners Are Internationally Viewed As Able to Have Freedoms And Rights
World Health Organization and the Joint United Nations Programme on HIV/AIDS, 06
(UNITED NATIONS, New York, 2006, HIV/AIDS Prevention, Care, Treatment and Support in Prison Settings,
http://74.125.155.132/search?q=cache:hXQZSzc_6XkJ:www.afro.who.int/aids/publications/prison_framework.pdf+
%22prison+rights%22+%22public+opinion+%22&cd=8&hl=en&ct=clnk&gl=us&client=firefox-a, 7/6/09, DKL)
The international community has generally accepted that prisoners retain all rights that are not taken
away as a fact of incarceration. Less of liberty alone is the punishment, not the deprivation of
fundamental human rights. Like all persons, therefore, prisoners have a right to enjoy the highest
attainable standard of health. This right is guaranteed under international law in Article 12 of the
International Covenant on Economic, Social, and Cultural Rights, in Article 25 of the United Nations
Universal Declaration of Human Rights and in various other international covenants, declarations, or
charters in par-ticular General Comment No. 14 (May 2000) on the Right to the Highest Attainable
Standard of Health adopted by the United Nations Committee on Economic Social and Cultural
Rights.
Prisoners Have Human Rights That Are Universal As Any Other Citizen
Namundjebo, Commanding Officer, Windhoek Prison, 05
(http://www.lac.org.na/projects/alu/Pdf/prisonerrights, 7/6/09, DKL)
Many people, including high ranking political leaders, sometimes argue that prisoners dont have or
should not be allowed to enjoy their human rights. Such arguments are wrong and have no basis in
law. Prisoners are human being and as such they retain their rights even when in prison. This is so
because human rights are universal. This means that every person, including a prisoner, has human
rights, no matter who he is, where s/he lives or his/her class, race, sex, age, social status, etc. Also,
human rights are said to be inalienable. This means that they cannot be taken away from a person,
including a prisoner.
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HR Abuse in Prisons
Prisoners deserve equal healthcare as any other citizen
Cline, Publicity Coordinator for the Campus Freethought Alliance, No Date
(Austin, About.com, Medical Care on Death Row: Should Condemned Prisoners Receive Organ Transplants?,
http://atheism.about.com/od/bioethics/a/deathrowtrans.htm, 7/6/09, JPW)
Should a person's social and moral worth play a role when it comes to allocation of medical resources?
This tends to be one of the most contentious issues in the debate over the provision of expensive medical care
to prisoners. Those who object rely heavily upon the visceral argument that these prisoners have committed
heinous acts and therefore no longer deserve to get the sort of medical care which is unavailable to poor, lawabiding citizens.
From a purely medical perspective, however, this is not a valid argument. Doctors are committed to
providing the best possible medical care to all human beings, regardless of any personal opinions about
their patients' moral and social worth. Doctors in the military, for example, are obligated to provide the
same treatment to captured prisoners who may have been responsible for the wounds on less seriously
injured soldiers who are comrades of the doctors and who are still waiting their turn for medical attention.
Any other standard of care would be dangerous. We certainly wouldn't want doctors to start using
their personal prejudices as the criteria by which they decide what sort of medical treatment will be
received by whom. Who wants their doctor to start deciding that this or that patient has less moral or
social "worth" and hence deserves less than her best efforts at care?
Current treatment of prisoners defies the rights guaranteed by the united nations
United Nations, 1990
(United Nations, Basic Principles for the Treatment of Prisoners, Adopted and proclaimed by General Assembly
resolution 45/111 of 14 December 1990, JWS)
1. All prisoners shall be treated with the respect due to their inherent dignity and value as human
beings. 2. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status. 3. It is, however, desirable to respect
the religious beliefs and cultural precepts of the group to which prisoners belong, whenever local conditions
so require. 4. The responsibility of prisons for the custody of prisoners and for the protection of society
against crime shall be discharged in keeping with a State's other social objectives and its fundamental
responsibilities for promoting the well-being and development of all members of society. 5. Except for those
limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the
human rights and fundamental freedoms set out in the Universal Declaration of Human Rights, and,
where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights,
and the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as
such other rights as are set out in other United Nations covenants. 6. All prisoners shall have the right to take
part in cultural activities and education aimed at the full development of the human personality. 7. Efforts
addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should be
undertaken and encouraged. 8. Conditions shall be created enabling prisoners to undertake meaningful
remunerated employment which will facilitate their reintegration into the country's labour market and permit
them to contribute to their own financial support and to that of their families. 9. Prisoners shall have access
to the health services available in the country without discrimination on the grounds of their legal
situation. 10. With the participation and help of the community and social institutions, and with due
regard to the interests of victims, favourable conditions shall be created for the reintegration of the exprisoner into society under the best possible conditions. 11. The above Principles shall be applied
impartially.
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HR Abuse in Prisons
Lack of healthcare to prisoners is a violation of rights under the UDHR
Consortium for Health and Human Rights, four nongovernmental
Organizations, 1998
(Consortium for Health and Human Rights, A Call to Action on the 50th Anniversary of the Universal Declaration of
Human Rights, Health and Human Rights, Vol. 3, No. 2, 1998, JWS)
Article 25 guarantees the right to a standard of living adequate for the health and well-being of all
people and their families, including food, clothing, housing, medical care and necessary social services.
One-fifth of the world's population live in absolute poverty.56 These people lack adequate food, clothing,
housing, and social services, and the opportunity to work. In addition to absolute poverty, relative poverty
within nations is associated with both diminished access to health care and to diminished health status.57'58
Throughout the world, in countries rich and poor, many people have no access to basic health care services,
mental health care or immunizations. Some people have no access to health care because they lack the
resources to purchase it and the state does not provide it; others lack access because services are not available
in their communities; and others lack access because of discrimination or social stigma, such as their
status as prisoners, detainees, refugees, undocumented or even documented immigrants, or members of a
lower class or caste. As a result, survivors of trauma from displacement, torture, and war often receive
insufficient help in coping with the physical and psychological effects of these traumas.
Prisoners are entitled to the highest attainable standard of health under international law to
protect themselves from HIV
Jrgens and Betteridge, the founding director of the Canadian HIV/AIDS Legal Network,
Senior Policy Analyst with the Canadian HIV/AIDS Legal Network, 2005
(Ralf and Glenn, Prisoners Who Inject Drugs: Public Health and Human Rights Imperatives, Health and Human
Rights, Vol. 8, No. 2, p. 57, NAP)
The right to health in international law should be understood in the context of the broad concept of health set
forth in the WHO Constitution, which defines health as a "state of complete physical, mental and social
well-being and not merely the absence of disease or infirmity." Like all other persons, prisoners are
entitled to enjoy the highest attainable standard of health, as guaranteed under international law. Key
international instruments reveal a general consensus that the standard of health care provided to prisoners
must be comparable to that available in the general community (that is, the principle of "equivalence" of
health services).55 In the context of HIV/AIDS and HCV, health services would include providing
prisoners the means to protect themselves from exposure to HIV, HCV, and other forms of drugrelated harm.
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HR Abuse in Prisons
Prisoners Deserve The Same Treatment As All Human Beings, Otherwise Creates Stigmas,
And UN Declaration of Human Rights Agrees.
Maluwa- is Law and Human Rights Adviser for UNAIDS, Aggleton- is Professor University
of London, Parker- Columbia University, 02
(Miriam, Peter, Richard, HIV- AND AIDS-RELATED STIGMA, DISCRIMINATION, AND HUMAN RIGHTS: A
Critical Overview, 7-8, tch)
Each of these examples dramatically illustrates situations in which stigma has resulted in discriminatory action and violations of human
rights and fundamental freedoms. Stigma, discrimination, and human rights violations form a vicious,
regenerative circle. Conversely, condoning human rights violations can create, legitimize, and
reinforce stigma that can, if left to fester, lead to discriminatory action and further human rights violations. HIV- and AIDSrelated stigma and discrimination compound the suffering of people living with HIV and AIDS and of the poor, members of minority
groups, indigenous peoples, migrants, refugees, and internally displaced persons , men who have sex with men, prisoners,
injection-drug users, those with disabilities, and other marginalized, vulnerable groups. This situation is even worse for women and
children within these groups. HIV- and AIDS-related stigma and discrimination continue to erode the human rights of
these individuals or groups, thus increasing their vulnerability to HIV infection and lessening their
ability to cope effectively with the disease should they become infected. Freedom from discrimination is
a fundamental human right founded on universal and perpetual principles of natural justice. The core
existing international human rights instruments-the Universal Declaration on Human Rights, the
Convention Against Torture, Inhuman and Degrading Treatment, the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the
International Convention on Elimination of All Forms of Discrimination Against Women, and the Convention
on the Rights of the Child- prohibit discrimination based on race; color; sex; language; religion; political or other opinion; national,
ethnic, or social origin; property; disability; fortune; birth; or other status.44-48 The right to nondiscrimination is also detailed in such
regional instruments as the African Charter on Human and Peoples Rights, the American Convention on Human Rights, and the
European Convention on Human Rights .
Prisoners who are not treated the same in a sexual manner leads to discrimination and
human rights abuses Brazil and Egypt proves. .
Saiz- Director of the Policy and Evaluation Program of the International Secretariat of
Amnesty International, 04
(Ignacio, BRACKETING SEXUALITY: Human Rights and Sexual Orientation- A Decade of Development and
Denial at the UN, 51-52, tch)
Since Toonen, other treaty-monitoring bodies of the UN have helped consolidate the principle that sexual-orientation discrimination is
proscribed in international human rights law. The Human Rights Committee, the Committee on Economic, Social and Cultural Rights
(CESCR), and the Committee on the Elimination of Discrimination against Women (CEDAW) have repeatedly and consistently called
for the repeal of laws criminalizing homosexuality in countries around the world .16 The HRC has
emphasized the harmful consequences of these laws for the enjoyment of other civil and political
rights, particularly where they result in the death penalty and other cruel, in- human, and degrading punishments . The concerns
of the treaty bodies have, furthermore, extended far beyond the criminalization of homosexual sex.
"Social cleansing" killings of sexual minorities, and the impunity surrounding them, have been
addressed by the Human Rights Committee. '8 The Committee against Torture has condemned the ill-treatment of
people detained on grounds of sexual orientation in Egypt and the discriminatory treatment of gay
prisoners in Brazil. 19 Both Committees have also addressed abuses against lesbian, gay, bisexual, and transgender (LGBT) rights
defenders, including threats and attacks against activists, restrictions on their freedom of association, and denial of police protection.20
In line with developments in refugee law, the treaty bodies have welcomed measures to protect refugees fleeing
persecution on grounds of sexual orientation and have voiced concern at the threat of arbitrary
deportation of non-nationals on these grounds.21 Abuses based on sexual orientation.
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Realization of the highest attainable standard of health requires not only access to a system of health
care; according to the UN Committee on Economic, Social and Cultural Rights, it also requires states to
take affirmative steps to promote health and to refrain from conduct that limits peoples abilities to
safeguard their health. Laws and policies that are likely to result in unnecessary morbidity and
preventable mortality constitute specific breaches of the obligation to respect the right to health.
In some cases, state obligations to protect prisoners fundamental rights, in particular the right to be
free from ill-treatment or torture, the right to health, and ultimately the right to life, may require states
to ensure a higher standard of care than is available to people outside of prison who are not wholly
dependent upon the state for protection of these rights.14 In prison, where most material conditions of
incarceration are directly attributable to the state, and inmates have been deprived of their liberty and means
of self-protection, the requirement to protect individuals from risk of torture or other ill-treatment can
give rise to a positive duty of care, which has been interpreted to include effective methods of
screening, prevention and treatment of life-threatening diseases.
Those with AIDS are stigmatized by society and their rights are not protected by the courts
Merijan, Member, New York and Connecticut Bars. J.D., Columbia University 1990; B.A., Yale University 1986 , 2002
(Armen H., THE COURT AT THE EPICENTER OF A NEW CIVIL RIGHTS STRUGGLE: HIV/AIDS IN THE NEW YORK COURT OF APPEALS, St. Johns Law Review, 76:115, Winter 2002, JWS)
Individuals living with HIV and AIDS have experienced discrimination in every facet of life, including
such areas as housing, education, employment, health care, and insurance. n10 [*118] People with AIDS, suspected of having AIDS, and sometimes even suspected of being at heightened risk for AIDS were fired from
their jobs, denied access to public school classrooms, deprived of custody and visitation with their children, refused services of a variety of kinds, derided and defamed throughout society, and otherwise discriminated
t. Violent physical attacks on people with AIDS including school children, gays, prisoners, and others
were not uncommon. n11
agains
Opinion polls have consistently revealed widespread and profound prejudice against individuals living with HIV and AIDS. A December 1985 poll taken by the Los Angeles Times revealed, for example, that "most
Americans favor some sort of legal discrimination against homosexuals as a result of AIDS." n12 In that same poll, 51% favored banning people with AIDS from having sex; 51% favored quarantine for people living
with AIDS; 48% wanted people living with AIDS to carry special identification cards; and 15% favored tattooing people living with AIDS. n13 In a survey of 53 opinion polls conducted between 1983 and 1988, Harvard
School of Public Health researchers reported that 29% favored tattooing people living with HIV and AIDS; 25% would refuse to work near someone living with AIDS and believed that employers should have the right
17% said that those with AIDS should be treated as those with leprosy once
were - by being sent to "far-off islands." n14
to fire someone for [*119] this reason alone; and
Tragically, this ignorance and discrimination continues. In a recent survey conducted by the Centers for Disease Control, nearly one in five Americans polled felt that people living with HIV "have gotten what they
deserve." n15 Forty percent of those polled believed that HIV transmission could occur through sharing the same drinking glass and 41% believed that transmission could occur from being coughed or sneezed on by a
person living with HIV. n16
Thus a new civil rights battle - the battle against HIV/AIDS discrimination - was born of the epidemic,
one that would sorely test the ability of courts to protect the interests of those with multiple stigmas including people of color, gay individuals, prisoners, intravenous drug users, and a combination of one or
more of these categories. n17 Unfortunately, the United States Supreme Court refused to hear a case
involving HIV or AIDS for more than a decade after the first petition for certiorari in such a case was
filed in 1987. n18 Consequently, the Supreme Court did not decide its first case involving HIV/AIDS until
1998, fully 17 years after AIDS was first identified in this country. n19 "On more than twenty-five
occasions since 1987," one commentator explains, "the Supreme Court refused to grant writs of
certiorari in HIV-AIDS cases," n20 doing "absolutely nothing directly to curb the human rights abuses
that have attended the HIV-AIDS epidemic." n21 Additionally, many of the initiatives taken by state and local authorities are not subject to federal claims, leaving the
rights of those affected to be determined in state court. State supreme courts have thus served as the ultimate arbiters of the rights of people living with HIV and AIDS. It appears, however, [*120] that no one has
attempted an analysis of state supreme court jurisprudence regarding HIV and AIDS to determine how this new class has fared in our courts.
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International law states that prisoners have a human right to healthcare in context of the HIV
epidemic.
Jrgens and Betteridge, the founding director of the Canadian HIV/AIDS Legal Network,
Senior Policy Analyst with the Canadian HIV/AIDS Legal Network, 2005
(Ralf and Glenn, Prisoners Who Inject Drugs: Public Health and Human Rights Imperatives,
Health and Human Rights, Vol. 8, No. 2, p. 54-55, NAP)
Together the principle of limited exceptionalism and the rule of law form a mutually reinforcing core
and a starting point for the analysis of the human rights of prisoners.42 Under international law and
related international instruments, prisoners enjoy all human rights except those rights they are
necessarily deprived of as a fact of incarceration.43 Arguably, state actors should pay particular attention
to the rule of law in the prison context because prisoners are by and large deprived of the ability to affect
their own circumstances -in ethical terms, their autonomy and agency are constrained, which increases
the likelihood that their dignity will be compromised. Prisoners are under the authority of state officials
upon whom they rely for the essentials of life as well as all other entitlements and privileges. In the context
of prison health care, a number of domestic courts have determined that states owe greater obligations
to prisoners than to the population at large because prisoners do not have control over their
circumstances and cannot access prevention, care, and treatment services available in the community.
International human rights treaties, while general in nature, are relevant to the rights of prisoners in the
context of the HIV/AIDS epidemic.44 States that have ratified or acceded to these international laws are
legally bound to respect, protect, and fulfill prisoners' right to, inter alia: equality and non-discrimination;
life; security of the person; not be subjected to torture or to cruel, inhuman, or degrading treatment or
punishment; and enjoyment of the highest attainable standard of physical and mental health. Specific rules
and principles based in international human rights law apply to the situation of prisoners. The
following multilateral instruments outline standards regarding the treatment of prisoners and prison
conditions: Basic Principles for the Treatment of Prisoners; Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment; Standard Minimum Rules for the Treatment of
Prisoners (SMR); and Recommendation No. R (98)7 of the Committee of Ministers to Member States
Concerning the Ethical and Organisational Aspects of Health Care in Prison.
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77
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Gordon/Lacy/Symonds
US Key to HR
The US is critical to be a model for solving human rights violation Plan is key step to
solving AIDS and human rights.
The Center for HIV Law and Policy, 2007
(Human Rights Principles Need to Guide U.S. Response to AIDS, 11/30/09,
http://www.thebody.com/content/news/art44189.html, accessed 7/8/09, TAZ)
Advocates for people with HIV/AIDS in the U.S. said today that human rights violations that impede
the response to the AIDS epidemic globally are also a critical problem in the United States. Catherine
Hanssens, the Executive Director of the Center for HIV Law and Policy, one of the endorsers of the joint
declaration, "Human Rights and HIV/AIDS: Now More Than Ever," said that "the United States' response
to AIDS should be a model of commitment to both human rights and the public health. But instead,
our HIV/AIDS policies are increasingly ineffective and punitive, because they are driven by ideology
and bigotry, not by sound science." The statement follows the release yesterday of an unprecedented
declaration endorsed by more than 30 leading AIDS organizations around the world calling for a
major shift in the global response to HIV/AIDS that highlights the need to put legal and human rights
protections at the center of HIV efforts. The declaration, "Human Rights and HIV/AIDS: Now More
Than Ever," focuses on populations most vulnerable to HIV: women and girls, young people, injecting
drug users, sex workers, gay and bisexual men, and incarcerated people. These groups are the most in
need of comprehensive HIV prevention and treatment programs, including access to anti-retroviral
drugs, yet they continue to face discrimination worldwide and often are denied access to life-saving
services. As a result, HIV continues to spread unchecked in communities worldwide. Universal access
to comprehensive HIV prevention, testing and care is a core human rights principle. In the United
States, as in many less developed countries, such access remains a distant goal. Ideologically based
"abstinence only" prevention programs are known to be ineffective, but sound, evidence based
programs are not available to many at greatest risk. HIV-AIDS treatment and services are under-funded.
U.S. prisons, jails, and detention facilities, like those in post-Soviet countries, provide virtually no
comprehensive prevention education, and access to condoms and clean needles for injecting drug users is
widely proscribed. Gender-based violence and the stigmatization and criminalization of sex workers render
women especially vulnerable to HIV infection and are a barrier to receiving timely and appropriate care.
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HR=Moral Imperative
Human rights are made of a fixed set of rights- improving them are a priori and moral.
Ci, U of Hongkong, 05
(Jiwei, Taking the Reasons for Human Rights Seriously, Political Theory, Vol. 33, No.2, pg. 260, 4/05, JoY)
Recall that human rights make up a (more or less) fixed set of moral rights that are, or ought to be, legal
rights, and this for reasons having to do with the very humanity of the subjects of such rights. Recall
also that I have argued for interpreting this humanity in terms of agency. Now, the question is not whether
some moral rights ought to be legal rights, or even which moral rights should be legal rights, but
whether we have good reason to affirm categorically that there is a subset of moral rights that are so
incontrovertibly more important than other moral rights, though both are required by respect for
human agency, that they alone should be treated as human rights; that is, singled out for legal
codification and enforcement on a long-term basis, if not once and for all. The concept of human rights, as
distinct from those of moral and legal rights, requires nothing less than a fixed, almost a priori,
determination of the order of relative importance of all the moral rights dictated, say, by respect for
human agency (or by some other set of reasons). It is the possibility of some such determination that I
want to call into question, taking Rawls's difference principle as an example.
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HR Abuse Hierarchal
Human Rights cannot be denied to prisoners, it is hierarchical and un-American
Smiley, Pulitzer Prize Winner, 2007
(Jane, The Huffington Post, Why Human Rights are More Important than National Security, 11-19-7,
http://www.huffingtonpost.com/jane-smiley/why-human-rights-are-more_b_73286.html, accessed 7-8-9, NB)
Human rights are profoundly local -- they reside in individuals. According to humans rights theory, if
someone is human, he or she has the same rights as every other human. The rights of American citizens
as described in the Bill of Rights have been expanded and extrapolated around the world so that they
apply not only to us but to everyone. While in the U.S. this idea is a bit controversial, in other countries
it is standard, accepted, and cherished. The codification of human rights, and the widespread
acknowledgment of this, is one of the things that makes the modern world modern. To roll back human
rights, even for some individuals, is to return to a more primitive, hierarchical, and un-American
theory of human relations. One example, of course, concerns women. Can women routinely be imprisoned,
sold, mutilated, or killed by their relatives? U.S. law says they cannot; in practice, many are, but no one
openly promotes what many secretly do. If a candidate, even a Republican, ran on a platform of reducing the
legal rights of women, he wouldn't get far (ask me again in 10 years, though). Or consider lynching. The
U.S. has a long tradition of lynching. It was only after the Second World War that the Federal
Government and state governments began enforcing their own anti-lynching laws. This was a victory
for human rights. Do you want to go back? The Republicans would like you to, in the name of: "national
security."
80
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Decreased HR Violence
Prisoners maintain their rights even when detained- refusing them healthcare only
perpetuates cycles of crime and hate.
Restum, Prof. at St. Joes College of Maine, 05
(Zulficar Gregory, Public Health Implications of Substandardized Health Care, Pub Med, 4/26/2005)
There is a general misconception that when a person commits a crime and goes to prison, he or she
surrenders all rights. In fact, while being held in custody, judged, and sentenced, the individual maintains
certain rightsto be protected, to be represented by legal counsel, and to have access to health care
services. The general public, including correctional staff and health care professionals, tend to view prisoners as subhuman, as those
who have surrendered their rights by being convicted of crimes. This mentality , fueled by political rhetoric, leads to the
erection of barriers that affect the delivery of health care to prisoners.9 Doctors, who take the Hippocratic Oath
upon graduating from medical school, vow to use all measures required for the benefit of the sick. Those who take the classical version
of the oath repeat, Whatever houses I may visit, I will come for the benefit of the sick, remaining free of all intentional injustice.10
The negative view of prisoners adopted by the public and by health care professionals ignores the
spiritual laws of compassion, forgiveness, reconciliation, and responsibility. The price of this attitude has
been an endless recycling of crime and violence, all stemming from hatred. Teens, especially, are affected by this
attitude. The effects can be felt across the boardteen murders have doubled and murders of children by children have increased. At the
same time, the general populations attitudes are also being skewed: people of all ages have grown comfortable celebrating the
executions of criminals.
And human rights, especially for those in poverty, are key to security and averting the
death of millions.
Hoffman, Chair of the International Executive Committee of Amnesty International,
(Paul, Human Rights Quarterly, p. 932-935, 11/04, JoY)
For hundreds of millions of people in the world today, the most important source of insecurity is not a
terrorist threat but grinding, extreme poverty. More than a billion of the world's six billion people live on less than one
dollar a day. The Universal Declaration of Human Rights and the entire human rights framework is based on the
indivisibility of human rights. This includes not only civil and political rights but also economic, social,
and cultural rights. The discrepancy between these human rights promises and the reality of life for more than one-sixth of the
world's people must be eliminated if terrorism is to be controlled. Every human being is entitled to a standard of living
that allows for their health and wellbeing, including food, shelter, and medical care. Yet more than three thousand African
children die of malaria each day. Only a tiny percentage of the twenty-six million people infected with
HIV/AIDS have access to the health care and medicine they need to survive . Many additional examples could be
given. Many governments have adopted the Millennium Development Goals to be achieved by 2015. The goals include targets for child and infant mortality,
the availability of primary education for all children, halving the number of people without access to clean water along with many others. According to the
World Bank, these goals will not be achieved, in part because the "war on terrorism" is shifting attention and resources away from long-term development
issues. How can we eradicate violent challenges to the existing world order if education is not universal? Without education and peaceful exchanges
between peoples, the "war on terrorism" will only succeed in creating new generations of warriors. Why is terrorism given more attention than the scourge
of violence against women? Millions of women are terrorized in their daily lives, yet no "war" on violence against women is being waged. Clearly, this
If
some of the resources and attention devoted to the "war on terrorism" were diverted to the eradication
of world poverty or eliminating violence against women, would the world be more secure ? There is no easy
problem is more widespread than terrorist violence and invariably makes women insecure as well as second-class citizens in every corner of the world.
answer to this question, but the "war on terrorism" seems to sideline any serious discussions, along with any serious action on the other
pressing causes of human insecurity. True security depends on all of the world's peoples having a stake in the
international system and receiving the basic rights promised by the Universal Declaration of Human
Rights, regardless of race, gender, religion, or any other status.
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HR Key to Peace
Strong human rights policy promotes peace
Carothers, Director, Democracy and Rule of Law Project, 94
(Thomas, WASHINGTON QUARTERLY, 1994, 106., accessed July 9, 09)
In most of the countries that have undergone democratic transitions in recent years, during the generative
period of the transitions (generally the late 1970s and early to mid-1980s), the emphasis of external actors
was on human rights advocacy rather than democracy promotion per se. Therefore, just as human
rights advocates should not overlook the fact that democratization has advanced the cause of human
rights in many countries, democracy promotion proponents should not ignore the contribution of
human rights advocacy to democratization.
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HR Key to Survival
Protection of human rights is necessary for individual survival.
Hoffman, Chair of the International Executive Committee of Amnesty International, 04
(Paul, HUMAN RIGHTS QUARTERLY, 932-935, accessed July 9, 2009)
For hundreds of millions of people in the world today, the most important source of insecurity is not a
terrorist threat but grinding, extreme poverty. More than a billion of the world's six billion people live on
less than one dollar a day. The Universal Declaration of Human Rights and the entire human rights
framework is based on the indivisibility of human rights. This includes not only civil and political
rights but also economic, social, and cultural rights. The discrepancy between these human rights
promises and the reality of life for more than one-sixth of the world's people must be eliminated if
terrorism is to be controlled. Every human being is entitled to a standard of living that allows for their
health and wellbeing, including food, shelter, and medical care. Yet more than three thousand African
children die of malaria each day. Only a tiny percentage of the twenty-six million people infected with
HIV/AIDS have access to the health care and medicine they need to survive. Many additional examples
could be given. Many governments have adopted the Millennium Development Goals to be achieved by
2015. The goals include targets for child and infant mortality, the availability of primary education for all
children, halving the number of people without access to clean water along with many others. According to
the World Bank, these goals will not be achieved, in part because the "war on terrorism" is shifting attention
and resources away from long-term development issues. How can we eradicate violent challenges to the
existing world order if education is not universal? Without education and peaceful exchanges between
peoples, the "war on terrorism" will only succeed in creating new generations of warriors. Why is terrorism
given more attention than the scourge of violence against women? Millions of women are terrorized in their
daily lives, yet no "war" on violence against women is being waged. Clearly, this problem is more
widespread than terrorist violence and invariably makes women insecure as well as second-class citizens in
every corner of the world. If some of the resources and attention devoted to the "war on terrorism" were
diverted to the eradication of world poverty or eliminating violence against women, would the world be more
secure? There is no easy answer to this question, but the "war on terrorism" seems to sideline any serious
discussions, along with any serious action on the other pressing causes of human insecurity. True security
depends on all of the world's peoples having a stake in the international system and receiving the basic
rights promised by the Universal Declaration of Human Rights, regardless of race, gender, religion, or
any other status.
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Prisons Aff
HR Abuse=Genocide
Human Rights Violations Against Those Living With HIV/AIDS Constitutes genocide
Closen, * Professor of Law, John Marshall Law School, 1998
(Michael L., WHAT LESSONS HAVE WE LEARNED FROM THE AIDS PANDEMIC: ARTICLE: THE
DECADE OF SUPREME COURT AVOIDANCE OF AIDS: DENIAL OF CERTIORARI IN HIV-AIDS CASES
AND ITS ADVERSE EFFECTS ON HUMAN RIGHTS, Albany Law Review, 61:897, 1998, JWS)
The Acquired Immune Deficiency Syndrome (AIDS) epidemic of the early 1980s and its successor, the
Human Im-munodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV-AIDS) epidemic of the
latter 1980s and 1990s, has been more than a disease epidemic. n3 It has spawned an epidemic of human
rights abuses as well. The violations of the human rights of those living with HIV and AIDS, of those
perceived to be afflicted with HIV and AIDS, and of those perceived to be at heightened risk for HIV
and AIDS, have seriously hindered efforts to combat the disease. n4 An inordinate amount of time and
vast financial resources have been wasted on misguided and counterproductive campaigns to fight
individuals and groups of people, rather than to fight the disease. n5 Such misdirected campaigns have
been particularly invidious, for as Professor Altman [*899] noted in his comments quoted above, the people
most affected have "come largely from unpopular and distrusted groups." n6
Widespread human rights breaches have caused devastating consequences. Some people have
committed suicide, a few have been murdered, and many others have died sooner than they should have. n7
Careers have been jeopardized and have been ruined. n8 Many persons living with HIV-AIDS have been
needlessly ravaged by unbearable pain, horrific disfigurement, financial calamity, and callous
isolation. n9 It is no exaggeration to suggest that we have witnessed a disease holocaust now
approaching twenty years in duration. n10
The description tendered thus far is not a picture of developments in some Third World country. n11
Rather, it is the United States that is [*900] being described. Worse yet, these human rights violations
continue. To illustrate, some dentists and doctors still refuse to treat patients with HIV and AIDS. n12 Some
shelters for the homeless still test or screen people for HIV and deny admission to those infected with HIV.
n13 Also, as recently as October of 1997, the Chicago Board of Education was still screening all applicants
for teaching positions for HIV-AIDS - even though such screening was unwarranted, counterproductive, and
unlawful. n14 Unfortunately, many more instances could be cited. n15 And, what has been the role of the
United States Supreme Court in this continuing tragedy? The short answer is that the Supreme Court must
share some of the blame. From 1987, when the first petition for a writ of certiorari in an HIV-AIDS case
was filed, until 1997, the Court had done absolutely nothing directly to curb the human rights abuses
that have attended the HIV-AIDS epidemic. n16 Incredibly, the Supreme Court had not heard a case
involving a subs-tantive HIV-AIDS issue, although the Court had plenty of opportunities to accept one.
On more than twenty-five occa-sions since 1987, and on at least fifteen occasions in the last three years,
[*901] the Supreme Court refused to grant writs of certiorari in HIV-AIDS cases. n17 That is a
shameful record. n18 Ours has been "that much less a good and a just society" because of it. n19 Not until
November of 1997 did the Supreme Court finally grant a petition for certiorari in an HIV-AIDS case,
captioned Bragdon v. Abbott, n20 that is scheduled for oral argument on March 30, 1998.
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Gordon/Lacy/Symonds
HR O/W
A violation of human rights outweighs even the greatest consequential impacts
Sosa, assistant professor of philosophy at Dartmouth College, 1993
(David, Consequences of Consequentialism, Mind, Vol. 102, No. 405, Jan. 1993, p.102-103,
NAP)
Rights-based ethical theories are often opposed to consequentialist theories over examples such as this.
The hanging of the innocent is wrong because it violates the innocent's rights and no amount of good
consequences can outweigh that right. Rights trump utilities, as it is sometimes put. The version of
consequentialism defended here has a response that partially accommodates that intuition. The
violation of the innocent's rights must be weighed along with the other factors in evaluating the states of
affairs consequent upon his hanging. If the officials hang him they violate his right not to be punished unless
guilty. The violation of that right is a very serious harm, perhaps greater even than many deaths which
are not in punishment of innocent people.4 Of course we need not be absolutist (in Anscombe's sense, see
1958, pp. 9-19). We can consistently believe that even that great harm could be outweighed (although I
do not think, as consequentialists, we must do even that). If it is wrong to punish the innocent in that case,
consequentialism can consistently explain it. If we do take the non-absolutist line, and hold that the
disvalue of the violation can be outweighed then we disagree with the "trumpers", those who think rights
trump utilities. They are at odds even with our partially conciliatory consequentialism. For them it is not
enough that rights violations figure, negatively, in the evaluation of states of affairs. But consequentialism
can be even more conciliatory. It can allow that some bad consequences trump. Consistent with the
version of consequentialism here being developed, we could hold that if one of the con-sequences of an act is
that a right is violated, then that act cannot be made right by any amount of positive value of any other kind.
This may sound nonconsequentialist, but it can be assimilated. The disvalue of a rights violation is so
great, goes the consequentialist interpretation, that no consequences of other kinds can compete.
Rights trump (other) utilities, as it were, simply because of the enormous disvalue of a rights violation.
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Gordon/Lacy/Symonds
HR O/W
The troubled history of human rights does not warrant wholesale rejection, a new framing
for human rights can build resistance to domination and violence
Weissman, Associate Professor of Law, UNC School of Law 2004
(Deboarah, The Human Rights Dilemma: Rethinking the Humanitarian Project,, 259, accessed July 9,
2009)
The development of usable universal human rights values has been at the heart of international legal deliberations for much of the last fifty years. 1 The
human rights project has drawn inspiration from the Charter of the United Nations and the Universal Declaration of Human Rights, and has gained new
momentum in recent decades. 2 Human rights concerns have deepened as new technologies act to collapse time and space, where the circumstances of
everyday life in distant places are made known instantly through telecommunication systems and media networks. The
suffering of
humanity in the form of genocide and ethnic cleansing, torture and mass murder, war and
repression, seems to implicate the world at large and arouse the conscience of well-meaning
people everywhere. 3 [*260] The human rights project offers the possibility of using the law
as a means of social change based on a commitment to humanitarian values on a global scale .
4 The project addresses the plight of vast numbers of men, women, and children who fall victim to
national violence or whose lives are shattered by laissez-faire global capitalism, registered most notably in
widening disparities in wealth, diminution of government benefits, and increasing social injustice. 5 As
people are displaced and dispersed, and as workers migrate to meet the demands of the transnational markets,
the human rights movement can offer "global solidarity against national particularism and
preferences." 6 The international human rights project currently finds salience within the domestic juridical discourse. Recent U.S. Supreme Court
decisions have endorsed the relevance of international human rights norms in cases dealing with such fundamental interests as the death penalty, affirmative
action, and the criminalization of same-sex sexual conduct. 7 More and more plaintiffs file lawsuits in the United States seeking remedies for human rights
abuses that [*261] have occurred elsewhere, intensifying debates over whether U.S. courts are proper sites for resolution of these claims. 8 International
legal norms have been invoked to guide the adjudication of a number of legal issues. They have been urged as binding principles in adjudicating the validity
of civil rights laws addressing gender-based violence, as catalysts for improvement of law-related policies dealing with childcare issues, and as a framework
in drafting state English-only laws. 9 Increasingly, international human rights law is moving into the deliberations of domestic legal fora. These
developments suggest that the legal community will inevitably be obliged to consider larger issues of international human rights concerns in the everyday
domains of law. The human rights project seems to represent an endeavor of self-evident and self-confirming virtue, but it is more complicated. It arrives in
The human rights project has served a variety of uses, often less altruistic
than the humanitarian purposes with which it is now associated. Colonial powers often proclaimed humanitarian
our time possessed of a past.
purpose as [*262] justification for conquest and territorial aggrandizement. More recently, human rights concerns have served as a rationale for U.S.
military intervention. 10 Human rights norms are subject to malleable standards and have been capable of advancing U.S. strategic and economic interests
through coercive means, often at the expense of humanitarian concerns. It
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Gordon/Lacy/Symonds
HR O/W
Human Rights Must Be Dealt With Sooner Than Later And It Is Violation of Basic Rights
To Not Put It as a Priority.
Hougas, 03.
(Angie, Protection of Human Rights Should Be Highest Priority, December 10, 2003,
http://www.commondreams.org/views03/1210-11.htm, accessed July 9, 2009)
Today is International Human Rights Day. This is a day we can reflect back on the long and rugged journey
from where we came, to where we are, and to where we are heading. Today we ask: How fine is the line
between protecting our rights and freedoms and security? If our country wants to export democracy, it
must be done with moral leadership and in accordance with international law. But the highest priority
should be the protection of human rights - both abroad and right here at home. If we are to set a
standard and demand transparency and accountability by others, we must be willing to do nothing less
than the same ourselves. We would do well to remember that what we do unto others can be done unto
us. So let's reflect on how we're doing. One violation of basic human rights is to arrest innocent
people in order to extract or coerce information from them regarding a family member. When people
across America hear about this action taken in countries with despot rulers, they are outraged and
enraged, and rightly so. Izzat Ibrahim al-Douri is the former vice chairman of the Iraqi Revolutionary Command Council. His
wife and daughter were recently taken into custody by U.S.-led coalition officials, who are not giving out any details as to why or what
the legal basis was for their arrests. There are also reports that U.S. forces are arresting relatives of fugitives to interrogate them on the
whereabouts of family members. I am wondering if we will be equally as outraged and enraged now that this is becoming an approved
and common tactic used by our own country. Will there be the same widespread condemnation as when other countries do this, or will
there be silence and excuses as justification for the action ? One of our prized and valued rights is our First
Amendment, which guarantees freedom of speech and of the press and to assemble peaceably. This is
also reflected in Article 19 of the Universal Declaration of Human Rights, which says everyone has the
right to freedom of opinion and expression. President Bush tells us we are bringing freedom to the Iraqi people. At the
same time, U.S. military officials in Iraq are closing down TV stations. This not only has happened in Mosul, where the military
commander stated he knew it was an act of blatant censorship, but also very recently in Baghdad. While legislators debated french vs.
freedom fries and repeatedly debate an amendment to ban desecration of the U.S. flag, they have desecrated the Fourth and Fifth
Amendments to the U.S. Constitution by approving the USA Patriot Act. We can no longer be complacent regarding our human rights,
our Bill of Rights and our freedoms. With passage of the Patriot Act, the cornerstones of our judicial system - innocent until proven
guilty and guilt beyond a reasonable doubt - have been flip-flopped. Now you can be presumed guilty until you prove yourself innocent.
When we look at other judicial systems around the world, we are outraged at this concept of presumed guilt upon arrest and before trial.
What we never thought could happen is now legal right here in our own country. A person can be held incommunicado. A person can be
held indefinitely without charge. A person no longer has the right to contact family or a lawyer. How can a person hope to prove his
innocence under these conditions? There are reasons for our laws, for our rules, for rules of war, and for international laws. These
reasons include the protection of innocent civilians in times of conflict and protection of human rights. It takes courage to put human
dignity and human worth first, but we are up to the challenge. Human rights need not be the sacrificial lamb. Human
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The US gains soft power and attracts allies by living up to its political values and
protecting its moral authority
Nye Distinguished Service Professor at Harvard University 2006
(Think Again: Soft Power Joseph S. Jr. Foreign Policy, 1 March http://yaleglobal.yale.edu/display.article?
id=7059 Accessed 7/9/09 TC)
Soft Power Is Cultural Power Partly. Power is the ability to alter the behavior of others to get what you
want. There are basically three ways to do that: coercion (sticks), payments (carrots), and attraction (soft
power). British historian Niall Ferguson described soft power as non-traditional forces such as cultural and
commercial goodsand then promptly dismissed it on the grounds that its, well, soft. Of course, the fact
that a foreigner drinks Coca-Cola or wears a Michael Jordan T-shirt does not in itself mean that America has
power over him. This view confuses resources with behavior. Whether power resources produce a favorable
outcome depends upon the context. This reality is not unique to soft-power resources: Having a larger tank
army may produce military victory if a battle is fought in the desert, but not if it is fought in swampy jungles
such as Vietnam. A countrys soft power can come from three resources: its culture (in places where it is
attractive to others), its political values (when it lives up to them at home and abroad), and its foreign
policies (when they are seen as legitimate and having moral authority). Consider Iran. Western music and
videos are anathema to the ruling mullahs, but attractive to many of the younger generation to whom they
transmit ideas of freedom and choice. American culture produces soft power among some Iranians, but not
others.
Empirically proven perceived human rights abuses reduce our ability to project soft power
Nye Distinguished Service Professor at Harvard University 2005
Soft Power pg. 59-60 google books Accessed 7/9/09 TC
Also damaging to American attractiveness is the perception that the United States has not lived up to
its own profession of values in its response to terrorism. It is perhaps predictable when Amnesty International referred to the
Guantanamo Bay detentions as a "human rights scandal, and Human Rights Watch charged the United States with hypocrisy that
undercuts its own policies and puts itself in "a weak position to insist on compliance from others." Even
more damaging perhaps is when such criticism came from conservative pro-American sources. The Financial Times worried that the
very character of American democracy has been altered. Most countries have chosen to adjust the balance between liberty and security
since September 11. But in America, the adjustment has gone beyond mere tinkering to the point where
fundamental values may be jeopardized." Meanwhile The Economist argued that President Bush is setting up a shadow
court system outside the reach of either Congress or Americas judiciary, and answerable only to himself .... Mr. Bush rightly noted that
American ideals have been a beacon of hope to others around the world. In compromising those ideals in this matter, Mr. Bush is not
only dismaying Americas friends, but also blunting one of Americas most powerful weapons against terrorism. Pictures of prisoner
abuse at lraqs Abu Ghraib prison achieved iconic status after being published around the world. It remains to be seen how
lasting such damage will be to Americas ability to obtain the outcomes it wants from other countries.
At a minimum, it tends to make our preaching on human rights policies appear hypocritical to some
people.
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Human Rights promote soft power
Nye Distinguished Service Professor at Harvard University 2005
Soft Power pg. 62 google books Accessed 7/9/09 TC
Foreign policies also produce soft power when they promote broadly shared values such as democracy
and human rights. Americans have wrestled with how to integrate our values with other interests since the
early days of the republic, and the main views cut across party lines. Realists like john Quincy Adams
warned that the United States goes not abroad in search of monsters to destroy, and we should not involve
ourselves beyond the power of extrication in all the wars of interest and intrigue. Others follow the
tradition of Woodrow Wilson and emphasize democracy and human rights as foreign policy objectives.
As we shall see in chapter 5, to- days neoconservatives are, in effect, right-wing Wilsonians, and they are
interested in the soft power that can be generated by the promotion of democracy.
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SOFT POWER KEY COMPONENT OF US HEGEMONY
The Business Times Singapore, 2006
(The Business Times Singapore, 10/19/06,Lexis Nexis, accessed July 9, 2009)
But it's incomplete. Even in the heyday of the post-Cold War era - during America's so-called Unilateral
Moment - Washington's political-military power was never invincible. The notion that the US was the
global hegemon reflected it success in asserting its soft power' in the aftermath of the collapse of the
communist bloc and the subsequent process of globalisation which has been driven by American
economic and cultural power.
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Soft power is critical for Americas use of hard power, soft power inevitably re-enforces
hard power
Nye, Harvard, 03
(Joseph, Power and Strategy After Iraq Foreign Affairs, accessed July 9, 2009)
The willingness of other countries to cooperate in dealing with transnational issues such as terrorism
depends in part on their own self-interest, but also on the attractiveness of American positions. Soft
power lies in the ability to attract and persuade rather than coerce. It means that others want what the
United States wants, and there is less need to use carrots and sticks. Hard power, the ability to coerce,
grows out of a countrys military and economic might. Soft power arises from the attractiveness of a
countrys culture, political ideals, and policies. When U.S. policies appear legitimate in the eyes of
others, American soft power is enhanced. Hard power will always remain crucial in a world of nationstates guarding their independence, but soft power will become increasingly important in dealing with
the transnational issues that require multilateral cooperation for their solution. One of Rumsfelds rules
is that weakness is provocative In this, he is correct. As Osama bin Laden observed, it is best to bet on the
strong horse. The effective demonstration of military power in the second Gulf War, as in the first,
might have a deterrent as well as a transformative effect in the Middle East. But the first Gulf War,
which led to the Oslo peace process, was widely regarded as legitimate, whereas the legitimacy of the
more recent war was contested. Unable to balance American military power, France, Germany, Russia,
and China created a coalition to balance American soft power by depriving the United States of the
legitimacy that might have been bestowed by a second UN resolution. Although such balancing did not
avert the war in Iraq, it did significantly raise its price. When Turkish parliamentarians regarded U.S. policy
as illegitimate, they refused Pentagon requests to allow the Fourth Infantry Division to enter Iraq from the
north. Inadequate attention to soft power was detrimental to the hard power the United States could
bring to bear in the early days of the war. Hard and soft power may sometimes conflict, but they can
also reinforce each other. And when the Jacksonians mistake soft power for weakness, they do so at their
own risk.
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No Condoms=Racism
Racist federal prison policies lead to destroyed minority communities and the spread of
HIV/AIDS
Ruiz et. al, Acting Director, Public Policy Office, amfAR, The Foundation for AIDS Research, 2008
(Monica, HIV/AIDS in Correctional Settings: A Congressional Briefing, emerging issues AIDS 20/20 amfAR
briefings, March 2008, JWS)
Ensuring that ex-offenders and their families have sufficient social and economic support may help prevent
them from participating in illegal activities as a means of support, or engaging in behaviors such as drug use
that increase their risk for HIV. In order to support themselves and their families, many ex-offenders turn to
public assistance. However, obtaining such support can be problematic. The Personal Responsibility
andWork Opportunity Reconciliation Act of 1996 (which instituted the Temporary Assistance for Needy
Families [TANF] Discharge planning programs focusing on HIV prevention have been found to have
significant, positive effects on sexual risk behavior. 9 Act; P.L. 104-193) stipulates that persons convicted of
a state or federal felony drug conviction are subject to a lifetime ban on eligibility for food stamps and
other benefits.While this policy has a direct effect on individual inmates ability to rebuild their own lives, it
also has a substantial impact on inmates ability to support their children and families. Because formerly
incarcerated men have diminished earning capacity (as much as 40 percent less) over the course of
their lifetimes, they are unable to provide as much support to the families with whom they live.100
Hence, a vicious cycle is perpetuated: the communities from which inmates come are places with very
few economic resources, and inmates returning to these communities are unable to contribute to the
economic stability of the community due to diminished earning potential. The result is diminished
family health and well-being, as well as weakened family stability.101 Furthermore, because of the
demographic profile of incarcerated persons with felony drug convictions, this policy has a
disproportionate impact on African-American and Latina women, as well as African- American men
populations already experiencing significant social and health disparities, including greater risk of HIV
infection. 93 Revising this policy to reinstate eligibility for benefits to those with felony drug convictions
for example, after some prescribed period of time and after proof of rehabilitationcould have a positive
impact on ex-offenders and their families, who are trying to re-establish stable lives in their communities.
Lack of employment, income, and access to public assistance all contribute to housing instability for exoffenders and their families. Given the links between housing instability and health outcomes (such as
HIV risk, mental illness, and addiction), ensuring resources for and linkages to stable housing for newly
released individuals is another critical step to successful re-entry. Research has shown that inability to
secure stable housing and employment after release from prison may lead drug-involved ex-offenders
back to drug dealing and to risks associated with this lifestyle, including risky sexual behaviors.
60,102,103 Federal legislation (such as the Department of Housing and Urban Developments Housing
Opportunity Program Extension Act of 1996) restricts or, in some cases, denies access to public housing
for many exoffenders, particularly those convicted of drug-related offenses.93,95 While some
exoffenders may try to find housing with family members or friends, such efforts may not always be
successful. If family members or friends reside in public housing, accepting an ex-offender into their home
may jeopardize their own residential stability due to the exclusion policies applicable to federally subsidized
housing. While the lack of affordable housing is a problem for the general population, making efforts to
link newly released inmates with affordable, stable housing has been shown to reduce rates of
recidivism.104,105 For those inmates with HIV or at risk of infection, access to stable housing can be
the critical factor in maintaining HIV treatment adherence and risk reduction behaviors, increasing
access to medical services, and improving health outcomes.106-108 Incorporating efforts to secure stable
housing as a part of effective discharge planning for soon-to-be-released inmates could help to reduce
recidivism and ensure that any health-related gains achieved during incarceration are not reversed once
individuals are back in their communities.
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HIV in prisons furthers racial inequality due to disproportionate representation of African
Americans.
Lane, Rubinstein, and Keefe et. al. PhD MPH 2004
Lane, Sandra D. and Rubinstein, Robert A. and Keefe, Robert H. et. al. "Structural Violence and Racial Disparity
in HIV Transmission." Journal of Health Care for the Poor and Underserved 15.3 (2004): 319-335. Project
MUSE. 7 Jul. 2009 <http://muse.jhu.edu/>.
HIV in correctional facilities. Acquired immunodeficiency syndrome (AIDS) has become the second
leading cause of death in U.S. prisons.25 Health care services in prisons to care for those with
HIV/AIDS have been described as inadequate.26 Seroprevalence rates vary between correctional systems, but nationwide
estimates are that the inmate population is at least five times more likely to be infected with HIV than the general population.27 Inmates
in the New York State system have the highest rate of HIV among inmates nationwide, with over 10% of the male and 20% of the female
inmates infected. It is estimated that 20% to 26% of all people living with HIV in 1997 spent time as inmates that year.28
Substantial evidence suggests that many inmates become infected while incarcerated .29,30 Only a few
studies, however, have assessed the incidence of HIV seroconversion occurring in correctional facilities. In 1998, Brewer, Vlahof,
Taylor, and colleagues calculated a rate of 4.15 HIV infections per 1,000 person-years in prison.31 In 1990, the Center for Disease
Control and Prevention conducted a study, which was not released to the public, on HIV seroconversion in the Illinois State Correction
facility. The magazine Mother Jones, through a Freedom of Information Act obtained and published the results of this study. The results
indicate a rate of 3 HIV seroconversions per 1,000 person-years, which is 10 times greater than the state non-inmate rate during that time
period.32 Studies of smaller, less-representative populations found seroconversion rates that were much higher; for [End Page 323]
example, the rate of new HIV infections among 1,309 inmates in Illinois was 25 per 1,000 person-years of prison.33 Not all studies on
inmate populations, however, found evidence of elevated HIV seroconversion. Horsburgh, Jarvis, McArther, and associates reported 1
infection per 604 prison-years (for a rate of 1.66 per 1,000 prison-years), but cautioned that the inmate could have seroconverted before
being incarcerated.34 HIV/AIDS testing in correctional facilities could be enhanced by changing the type of test used. Bauserman, Ward,
and Eldred report that many African American men in their study of prison inmates in Maryland were willing to undergo HIV testing if
the prison health officials used oral testing methods.35 The risk factors leading to the transmission of sexual and
bloodborne infections occur frequently in correctional facilities. An estimated 7% to 12% of the inmates across
several studies report being raped while incarcerated; inmates who had been raped reported that it occurred an average of nine times
during their incarceration.36 Moreover, prisoners have been found to trade sex for drugs or other items, or to engage in
consensual/companionship sexual behavior, which is more often than not unprotected;37 an estimated 90% of the sex in
correctional facilities occurs without the use of condoms.38 In fact, less than 1% of all jails and prisons in the U.S.
allow inmates access to condoms.39 The Federal Bureau of Prisons provides a conservative estimate of 30% of
federal inmates engaging in homosexual activity while incarcerated . A case-control study of formerly incarcerated
males reported that 23% of the men with HIV, and 9% of the men without HIV, claimed to have had anal sex while incarcerated.40
Injecting drugs and tattooing are also potential routes of HIV transmission among inmates. With respect to intravenous drug use, the
Office of National Drug Control Policy concludes that roughly 25% of all inmates entering U.S. prisons have injected drugs, which puts
them at risk for HIV as well as hepatitis B and C infection.41 Some of these inmates continue to inject drugs while in prison, sharing
syringes and drugs purchased on the underground prison market.42 Tattooing, which a former Onondaga County inmate reported being
performed with metal guitar strings, was reported by 48% of inmates in a CDC study.43 The HIV seroprevalence of inmates
potentially affects the larger communities to which the inmates return when they are released from
prison. Among HIV-infected African American women living in the South who had fewer than 10
lifetime sexual partners and could identify no high-risk behavior, one quarter reported that one of
their last three sexual partners had been incarcerated for more than 24 hours. Disproportionate
incarceration by race and ethnicity. The disproportionate representation of African Americans in the
criminal justice system has been well documented. 44,45 In New York State, African Americans make up 16% of the
population but suffer 43% of arrests and make up 51% of people in state prisons.46 In Onondaga County, African Americans
make up 52% of all people sentenced to jail, and 61% of all people sentenced to state prison .47
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Lack of Condoms is Racist
Winkelman, Staff Writer, 2006
(Cheryl, Oakland Tribune/findarticle,com, Condoms For Inmates: Outlawed HIV Prevention, December 18, 2006,
http://findarticles.com/p/articles/mi_qn4176/is_20061218/ai_n16895619/, July 5, 2009, E.B.S.).
Blacks are disproportionately represented in state and federal prisons: According to 2005 statistics
from the U.S. Department of Justice, 40 percent of inmates with a sentence longer than one year were
black. Black men are being hit the hardest. According to the Centers for Disease Control and Prevention,
47 percent of people estimated to be living with HIV at the end of 2003, the last year data were
available, were black and 74 percent were male. "We know that our young men are being infected in
prison," said Damon Dozier, director of government relations and public policy at the AIDS Council.
African Americans make up a disproportionate amount of those living with HIV/ AIDS
Blankenship et al., PhD and associate research scientist at Yale University, 2005
(Kim, Black-White Disparities in HIV/AIDS:The Role of Drug Policy and
the Corrections System, J Health Care Poor Underserved. 2005 November ; 16(4 Suppl B): 140156., JWS)
While African Americans make up only 13% of the U.S. population, they represent 39% of all AIDS
cases reported in the U.S. through 2002.1 Furthermore, the proportion of AIDS cases accounted for by
African Americans has steadily and markedly increased over time: of the more than 42,000 new cases
reported in 2002, 50% were African American, an overall rate that was almost 11 times greater than
the rate for Whites in that year.1 In the same year, African Americans constituted almost two-thirds of all
AIDS cases in women and two-thirds of all pediatric AIDS cases.1 These trends are likely to continue, or
even worsen: African Americans accounted for 54% of the new HIV diagnoses reported in the United States
in 2002.1 Through 2001, 56% of all HIV diagnoses among 1324 year olds were in African Americans.2
Sexual contact is the most common route of HIV infection among African Americans. Among the African
Americans living with HIV/AIDS at the end of 2003, 75% of women and 22% of men reported acquiring the virus through heterosexual
contact; 47% of men reported being infected through male-to-male sexual contact; 22% and 23% of men and women, respectively,
reported acquiring HIV through injection drug use.3 Still, injection drug use is more frequently the source of AIDS among African
Americans than among Whites. While injection drug use accounted for 9% of cumulative AIDS cases in White men through 2003, it
accounted for 32% of such cases in African American men.3 In a recent study investigating HIV diagnoses among injection drug users in
25 states with HIV surveillance, researchers found that Blacks continue to be disproportionately represented among diagnosed injection
drug use-related HIV cases. Among women, African Americans represented 66% of all injection drug use-related HIV cases, while
among men, African Americans represented 64% of all such cases.3 Other recent studies confirm that African American
injection drug users (IDUs) are more likely to be HIV-infected than their White counterparts. Kral and
colleagues found that 12.5% of African American injectors but only 2.8% of White injectors tested HIV
positive.4 Similarly, Day found that African American IDUs were four times as likely to have AIDS as
their White counterparts.5
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HIV/AIDS rates are higher in blacks because of structural reasons, especially incarceration
Blankenship et al., PhD and associate research scientist at Yale University, 2005
(Kim, Black-White Disparities in HIV/AIDS:The Role of Drug Policy and
the Corrections System, J Health Care Poor Underserved. 2005 November ; 16(4 Suppl B): 140156., JWS)
To what can these disparities be attributed? Explanations for HIV/AIDS often focus on individual risk
behaviors, with Black-White disparities in HIV/AIDS viewed as the result of race differences in risk
behaviors related to drug use or sex. Yet in general, African Americans report less risky drug use and
sexual behaviors than their White counterparts. In terms of drug use, White adolescents are more likely to use illicit drugs than
their African American counterparts,6 and to initiate both illicit and non-illicit (alcohol, tobacco) drug use at younger ages.610 Relative to White adults in
2002,
African American adults reported less lifetime and past year use of illicit drugs other than
marijuana (24.9% vs. 33.0% and 7.3% vs. 8.2%, respectively) and only slightly more use in the past month (3.8% vs. 3.5%).11 Furthermore, in a
study of currently non-injecting heroine users, including individuals who had, in the past, frequently, infrequently and never injected drugs, Neaigus and
colleagues found that African Americans were underrepresented in the group of those with an injection history.12 Similarly, in a study of risk behaviors of
female jail detainees, rates of reported needle sharing were much higher among non-Hispanic Whites than among either African American or Hispanic
than White youth,14 consistent use of a reliable means of contraception has been more strongly associated with African American than White youth;15
reported condom use is higher among Blacks than among other racial and ethnic groups.14, 1618
More promising for understanding race differences in HIV/AIDS than explanations based on
individual risk behaviors are structural explanations, which focus on the social and contextual factors
that determine health. While high rates of HIV/AIDS among African Americans have been attributed
to a variety of structural factors (such as poverty,1921 homelessness,2223 community disintegration,24
access to sexually transmitted disease services and discrimination and racism2529) arguably one of the
most pronounced relevant features of the social context of the past several decades is the
disproportionately high rate of incarceration among African Americans.25
The prison system creates racist disparities in HIV/AIDS, plan is key to solving
Blankenship et al., PhD and associate research scientist at Yale University, 2005
(Kim, Black-White Disparities in HIV/AIDS:The Role of Drug Policy and
the Corrections System, J Health Care Poor Underserved. 2005 November ; 16(4 Suppl B): 140156., JWS)
To the extent that incarceration, associated community re-entry, and potential subsequent supervision
under parole and probation, do contribute to HIV risk among drug users in general and race
disparities in HIV/AIDS in particular, then interventions that address these factors may reduce HIV
risk and race disparities. One group of such interventions are those aimed at delivering HIV prevention
messages within the corrections system to those under its jurisdiction, run either by corrections personnel
themselves or by others under contract with the system.106107 This would include such things as programs to promote HIV risk
awareness among prison inmates and efforts to work with probation and parole officers to link their clients with prevention programs.
More important still are structural interventions, which can take a number of forms, including:
* Interventions aimed at
reducing the likelihood of involvement with the corrections system. To the extent that U.S. drug policy has been associated with increased incarceration and
other forms of criminal justice supervision, reform of drug policy would constitute a major HIV prevention intervention of this type. Examples of such
reform can be found throughout the country: in 1997, New Mexico established a statewide needle exchange program (Senate Bill 220); in 1999, Connecticut
increased the amount of syringes that can be purchased at a pharmacy without a prescription (House Bill (HB) 7501); in 2001, Indiana eliminated
mandatory minimum sentences for certain nonviolent drug offenders and reformed its Drug-Free Zone law (HB1892).108 Other efforts aimed at providing
substance abuse treatment and reducing the likelihood of initiation of drug use or entrance into the drug trade would also serve this purpose. *
Interventions aimed at reducing the risks associated with incarceration and supervision .
disproportionately exposed to this system, and the subsequent risk it represents, such interventions
have the potential to reduce racial disparities in HIV as well.
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Drug policies in the last decade have targeted black men disproportionately greatly
increasing the proportion of black men in jail
Blankenship et al., PhD and associate research scientist at Yale University, 2005
(Kim, Black-White Disparities in HIV/AIDS:The Role of Drug Policy and
the Corrections System, J Health Care Poor Underserved. 2005 November ; 16(4 Suppl B): 140156., JWS)
Over the past decade, the number of individuals in U.S. prisons and jails has increased dramatically.
Nearly 1.4 million people were incarcerated in U.S. federal or state adult prison systems, and an additional
700,000 were residing in jails at the close of 2003.30 This growth was especially magnified in the African
American community: the rate of current incarceration among African American men went from 1 in 30
individuals to 1 in 15 between 1984 and 1997.31 The U.S. distinguishes itself not only in its scale of
punishment but also in its degree of racial disparity across all levels of the corrections system. Consider these
statistics from 2003: in 2003, Blacks were 5 times more likely than Whites to have been to jail;30 39% of
local jail inmates were Black;30 44% of the prisoners under federal or state jurisdiction were African
Americans;32 the rate of sentenced male prisoners under the jurisdiction of state and federal correctional
authorities per 100,000 residents was 465 for Whites and 3,405 for Blacks.33 As of 1997, an African
American male was estimated to have a 1 in 4 likelihood of going to prison in his lifetime, compared
with a chance of 1 in 23 for a White male.34 These racial disparities are magnified among young men: in
2003, 12.8% of all Black males aged 25 to 29 years were in prison or jail, compared with just 1.6% of White
males of the same age;30 similarly, in 1999, 40% of all the juveniles in public and private residential custody
facilities, and 52% of those in such facilities for drug offenses, were Black.31 Finally, while women are
incarcerated at lower rates than men, a racial disparity also exists between African American and White
women. Black females were 5 times more likely than White females to be in prison in 2003.32 Growth of
the incarcerated population, as well as the racially disparate form that it has taken, relates in large
part to U.S. drug policy. U.S. policies towards drug offenses have become increasingly punitive since
the 1980s. Measures such as mandatory minimum sentences, penalty enhancements for the sale and use of
drugs in certain areas (drug free zones), disparities in the penalties associated with possession of crack
and powder cocaine, and restrictions on syringe availability are examples of policies that increase the
frequency of arrest and incarceration of drug offenders.35 Between 1980 and 1995, the number of drug
offenders in state prison increased by more than 1000%, accounting for 1 out of every 16 inmates in 1980,
but 1 out of every 4 in 1995.36 In the same time period, drug offenders represented 50% of the growth in
state prison populations, and more than 80% of the total growth in the federal inmate population.36
These increases in drug-related incarceration were not distributed equally between African Americans
and Whites. While the number of White state prison inmates sentenced for drug offenses increased 306%
between 1985 and 1995, the number of African American state prison inmates sentenced for drug
offenses increased 707% in the same time period.37 The increase in the number of drug offenders in state
prisons accounted for 42% of the total increase for African Americans, but only 26% of the total increase for
Whites.38 Among federal prisoners, African American men account for 34% of those incarcerated on
non-drug offenses, but 42% of those incarcerated on drug offenses.33 The tripling of the female
incarcerated population between 1980 and 1990 is similarly related to drug policy.39 The number of women
arrested for drug offenses increased by 89% from 1982 to 1991,40 and sentencing of drug offenders
accounted for 55% of the increase in the female prison population between 1986 and 1991.39 What is true
for men is true for women as well: incarceration rates have increased more rapidly among African American
women than among White women, resulting in a growing race disparity in womens incarceration rates.
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Disproportionate numbers of blacks in jail and situations they face upon release increase
the spread of HIV/AIDS in the African American community
Blankenship et al., PhD and associate research scientist at Yale University, 2005
(Kim, Black-White Disparities in HIV/AIDS:The Role of Drug Policy and
the Corrections System, J Health Care Poor Underserved. 2005 November ; 16(4 Suppl B): 140156., JWS)
Whatever the explanations for race disparities in incarceration, it is reasonable to hypothesize that
incarceration affects the HIV/AIDS risk of individuals with a history of incarceration. First, the prison
environment itself may be a high-risk setting for the transmission of HIV/ AIDS due to both the
prevalence of HIV among inmate populations and the high-risk activities that occur inside the prison
walls. In 2002, the known cases of HIV, as a proportion of the total custody population in state and federal
prisons, varied across the nation from 0.2% to 7.5% with an average across prisons of 1.9%.41 In 1997, 20%
to 26% of all people living with HIV in the U.S. were incarcerated at some point during the year.42 The exact
magnitude of sexual risk behaviors occurring in prison is difficult to ascertain given the unreliability of
official prison sexual assault records, the social pressures that inhibit mens willingness to report samesex
behavior, the differences in sample size and populations that are studied, and the variety of ways in which
researchers define sexual activity.4344 While several studies estimate that about 20% of men experience
some form of sexual contact while incarcerated, others have reported much higher and much lower
rates.4347 Whatever the rate may be, the majority of these sexual activities are likely to be unsafe due to
the dearth of condoms in prisons. Injection drug use also occurs in prison and is associated with increased
HIV risk;4751 tattooing may be an additional risk factor.52 Using HIV testing to investigate HIV
transmission within U.S. jails or prisons, some studies have found no strong evidence of intraprison spread of
HIV,53 54 while Mutter and colleagues found that 3% of a sample of individuals continuously
incarcerated since 1977 had seroconverted to HIV-positive status.55 In a more recent study, Krebs and
Simmons56 found that, among a sample of 5,265 inmates, the intraprison HIV transmission rate was
0.63% and HIV transmission while in prison largely occurred through sex with another man. In
general, studies suggest that while sex and drug use decrease overall among the incarcerated, they are
conducted in a riskier manner inside prison than outside.5758 Though it is difficult to assess whether
African Americans have a greater risk of HIV transmission while in prison than Whites, some studies
indicate that their risk behavior while in prison differs little from that of Whites.57, 59 This suggests that any
association between incarceration and Black-White disparities in HIV/AIDS that relates to prison as a
risk environment results from the greater likelihood that African Americans will be exposed to this
environment and not to any differences in risk behavior while incarcerated. In addition to any risk associated
with prison itself, it is important to consider the consequences of incarceration for the lives of released
inmates. In particular, incarceration affects social networks and family relationships, economic vulnerability,
and access to social and risk reduction services. Before elaborating on these, two caveats are worth noting.
First, the literature about the consequences of incarceration does not generally examine how the race of the
ex-prisoner shapes the challenges that he or she faces upon re-entry. While there is research that specifically
explores the effect of incarceration on African Americans, especially as it relates to social and family
networks,25, 6061 these studies do not always include analysis by race. Second, clearly many of the issues
faced after incarceration (e.g. weak social networks, economic insecurity, uncertain access to safe housing
and health care) may have been obstacles faced before incarceration. The point here is not that these factors
are necessarily novel, but that they are intensified by the stigma, disconnection, and legal consequences of
incarceration.
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Racism is the root cause of exploitation and will cause societal destruction
Dr. Martin Luther King Jr., American Civil Rights Hero, 1967
(Dr. Martin Luther King Jr., The World House, Where do we go from here: Chaos or community?, 1967, JWS)
Former generations could not conceive of such luxury, but their children now take this vision and demand
that it become a reality. And when they look around and see that the only people who do not share in the
abundance of Western technology are colored people, it is an almost inescapable conclusion that their
condition and their exploitation are somehow related to their color and the racism of the white Western
world.
This is a treacherous foundation for a world house. Racism can well be that corrosive evil that will
bring down the curtain on Western civilization. Arnold Toynbee has said that some twenty-six
civilizations have risen upon the face of the earth. Almost all of them have descended into the junk heaps of
destruction. The decline and fall of these civilizations, according to Toynbee, was not caused by external
invasions but by internal decay. They failed to respond creatively to the challenges impinging upon them.
If Western civilization does not now respond constructively to the challenge to banish racism, some
future historian will have to say that a great civilization died because it lacked the soul and
commitment to make justice a reality for all men.
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And so today in the final decade of the twentieth century, we have became alarmed once again at the
persistent evil of racism. The daily headlines assert its reality. The evening news assaults our consciences.
New names and places become household words, and a new geography lesson ia taught, from the
wanton killings of African Americans in New York Citys Howard &ch and Bcnaonhurai, to the daughter
of Asians in Stockton, California; front senseless police brutality videotaped in Los Angeles, to violent
campaigns against Native Americans in Wisconsin. A collage of names, places, facts, and figures reshapes our
consciousness, Words and phrases like regcntrificatxm and pcrmancnt underclass become part of a new vocabulary, created to
explain the current racial situation. The latest graphs, charts, and surveys demonstrate once again that little has changed for the better
and much has taken a turn for the worse.
Racism traps everyone and it is imperative that white leaders of society take action against
it
Barndt, parish pastor and antiracist trainer and author, 2007
(Joseph, understanding and dismantling racism, 2007, JWS)
this hook on racism is written especially for white people and about white people. and it is written by a white person. It is a book about
our problem of white racism. More often than not, books about racial problems arc about people of color
about African Americans, Native Americans, Asian Amentans, Latinos/Hispanics. and Arab
Americans. Those books are usually concerned especially with the problems that racism causes for
people of color.
The purpose of this book is different. Ihe ccntral focus of this book is not about how racism affects people of color , Rather, the
primary subject is how racism is caused by and how it affects white people and the predominantly
white institutions and culture of our white society I bdieve that we who are white need to come to new
understanding about ourselves and about our racism, and we need to take responsibility for bringing
racism to an end. ibc two primary goals of this book are, first, to help white people understand how racism
functions and how it is perpetuated in our homes, schools, churches, and other institutions; and second, to
help equip white people to combat and dismantle racism and to help build an antiracist/multicultural society.
While this hook is addressed to white people. it is not an attack on white people; k is not based on accusations or blame, and does not
seek to produce
guilt. As I hope will become clear, my primary thesis about racism is that we are all prisoners of racism people of color
and white people alike. Almost every leader in the struggle against racism, from Frederick Douglass to
Martin Luther King Jr. and from Mahatma Gandhi to Nelson Mandela, has emphasized that racism is
as debilitating to white people as it is to people of color, and that the goal of freedom is for all people. By
die time the reader reaches the end of this book, I hope there will be new clarity on how we in all reach this goal.
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Gordon/Lacy/Symonds
Racism O/W
Racism is the precondition of killing and justifies genocide, becoming the root cause of all
impacts.
Foucault, shiny, smiling Frenchman, liked croissants, '76
(Michel, Society Must be Defended: Lectures at the College de France, 1975-1976, p. 254-257, JoY)
What in fact is racism? It is primarily a way of introducing a break into the domain of life that is
under power's control: the break between what must live and what must die. The appearance within the
biological continuum of the human race of races, the distinction among races, the hierarchy of races, the fact that certain races are
described as good and that others, in contrast, are described as inferior: all this is a way of fragmenting the field of the biological that
power controls. It is a way of separating out the groups that exist within a population. It is, in short, a way of establishing a biological
type caesura within a population that appears to be a biological domain. This will allow power to treat that population as a mixture of
races, or to be more accurate, to treat the species, to subdivide the species it controls, into the subspecies known, precisely, as races. That
is the first function of racism: to fragment, to create caesuras within the biological continuum addressed by biopower. Racism also has a
second function. Its role is, if you like, to allow the establishment of a positive relation of this type: "The more you kill, the more deaths
you will cause" or "The very fact that you let more die will allow you to live more." I would say that this relation ("If you want to live,
you must take lives, you must be able to kill") was not invented by either racism or the modern State. It is the relationship of war: "In
order to live, you must destroy your enemies." But racism does make the relationship of war-"If you want to live, the other must die" function in a way that is completely new and that is quite compatible with the exercise of biopower. On the one hand, racism makes
it possible to establish a relationship between my life and the death of the other that is not a military or warlike
relationship of confrontation, but a biological-type relationship: "The more inferior species die out, the more abnormal
individuals are eliminated, the fewer degenerates there will be in the species as a whole, and the more Ias
species rather than individual-can live, the stronger I will be, the more vigorous I will be. I will be able to proliferate." The fact that the
other dies does not mean simply that I live in the sense that his death guarantees my safety; the death of the other, the death of the bad
race, of the inferior race (or the degenerate, or the abnormal) is something that will make life in general healthier: healthier and purer.
This is not, then, a military, warlike, or political relationship, but a biological relationship. And the reason this mechanism can come into
play is that the enemies who have to be done away with are not adversaries in the political sense of the term; they are threats, either
external or internal, to the population and for the population. In the biopower system, in other words, killing or the imperative to kill is
acceptable only if it results not in a victory over political adversaries, but in the elimination of the biological threat to and the
improvement of the species or race. There is a direct connection between the two. In a normalizing society, race or racism is the
precondition that makes killing acceptable. When you have a normalizing society, you have a power which is, at least
superficially, in the first instance, or in the first line a biopower, and racism is the indispensable precondition that allows
someone to be killed, that allows others to be killed. Once the State functions in the biopower mode, racism alone can
justify the murderous function of the State. So you can understand the importance-I almost said the vital importance-of racism to the
exercise of such a power: it is the precondition for exercising the right to kill. If the power of normalization wished to exercise the old
sovereign right to kill, it must become racist. And if, conversely, a power of sovereignty, or in other words, a power that has the right of
life and death, wishes to work with the instruments, mechanisms, and technology of normalization, it too must become racist. When I
say "killing," I obviously do not mean simply murder as such, but also every form of indirect murder: the fact of exposing someone to
death, increasing the risk of death for some people, or, quite simply, political death, expulsion, rejection, and so on. I think that we are
now in a position to understand a number of things. We can understand, first of all, the link that was quickly-I almost said immediatelyestablished between nineteenth-century biological theory and the discourse of power. Basically, evolutionism, understood in the broad
sense-or in other words, not so much Darwin's theory itself as a set, a bundle, of notions (such as: the hierarchy of species that grow
from a common evolutionary tree, the struggle for existence among species, the selection that eliminates the less fit) naturally became
within a few years during the nineteenth century not simply a way of transcribing a political discourse into biological terms, and not
simply a way of dressing up a political discourse in scientific clothing, but a real way of thinking about the relations between
colonization, the necessity for wars, criminality, the phenomena of madness and mental illness, the history of societies with their
different classes, and so on. Whenever, in other words, there was a confrontation, a killing or the risk of death, the nineteenth century
was quite literally obliged to think about them in the form of evolutionism. And we can also understand why racism should have
developed in modern societies that function in the biopower mode; we can understand why racism broke out at a number of .privileged
moments, and why they were precisely the moments when the right to take life was imperative. Racism first develops with
colonization, or in other words, with colonizing genocide. If you are functioning in the biopower mode, how can you justify the
need to kill people, to kill populations, and to kill civilizations? By using the themes of evolutionism, by appealing to a racism. War.
How can one not only wage war on one's adversaries but also expose one's own citizens to war, and let
them be killed by the million (and this is precisely what has been going on since the nineteenth century, or since the second half
of the nineteenth century), except by activating the theme of racism? From this point onward, war is about two things: it is
not simply a matter of destroying a political adversary, but of destroying the enemy race, of destroying that [sort] of biological threat that
those people over there represent to our race. In one sense, this is of course no more than a biological extrapolation from the theme of
the political enemy. But there is more to it than that. In the nineteenth century-and this is completely new-war will be seen not only as a
way of improving one's own race by eliminating the enemy race (in accordance with the themes of natural selection and the struggle for
existence), but also as a way of regenerating one's own race. As more and more of our number die, the race to which we belong will
become all the purer.
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sink and no alcohol gel where roughly one hundred per day undergo medical screening, and the
Court observed that the dentist neither washed his hands nor changed his gloves after treating patients
into whose mouths he had placed his hands.47 Expert reports on this prison noted referral slips for health care unattended
for over one month,48 and dirty, dangerous, and antiquated facilities, unchanged by prior court orders due to the indifference of
corrections officials.49 Remarkably, the Department of Corrections apparently did not either disagree with the facts or object to the
proposal to divest it of its authority to manage prison health, and officials acknowledged that they were unable to correct the problems
on their own, and that unconstitutional conditions will remain until an outside agency is hired to take over.50
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Homophobia Unaddressed
Prisons are very homophobic
Van De Mark, Gay and Lesbian Times, 2007
(Brian, Living hell, Aug 16 2007, JWS)
One of the primary reasons for the high numbers of male sexual assault in prisons is the lack of
intervention by the prison guards. In fact, Helen Eigenbergs groundbreaking 1989 study of Texas
correction officers attitudes toward prison rape indicated that 46 percent of the prison officers
believed that some inmates deserve to be raped and 34 percent believed rape victims are weak. A 1996
study of Nebraska corrections officers had similar findings. Attitudes are no different today. When the
American Civil Liberties Union filed a federal lawsuit on behalf of Roderick Keith Johnson against six
correctional officers for failing to protect him, the jury voted 10-2 not to hold prison officials accountable.
Johnson says he was raped up to 100 times during his 18-month sentence and sold as a sex slave to
prison gangs for as little as $3 per service. He said one of the guards told him to fight or fuck. Some
members of the jury said they didnt believe the abuse was as bad as Johnson said it was. Charles Carbone
is an inmate rights advocate and attorney in northern California. Carbone works with California Prison
Focus, a non-profit organization that represents inmates. There is a real homophobic mentality in
California or really, in all of our facilities, Carbone said. Were dealing with a population of prison
guards who havent had a lot of experience with the LGBT community and have little to no sensitivity
training. There is a high toleration of ridicule and abuse, of homophobia. And its a testosterone-ridden
environment, so this just breeds a homophobic environment. While prison rape is an issue for all male
inmates, it is particularly an issue for gay inmates who are often perceived as willing participants in
sexual assaults. As soon as word gets around youre a fag, youre basically fucked, said Raul, who
served time in several jails and prisons in California. And word gets around. The prison grapevine is huge,
man.
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Resistance to condoms comes from gay sex stigma, stemming from the Bush administration
NYT, 2006
(New York Times, A Warning About AIDS in Prison, July 24 2006, JWS)
Foreign governments and international health organizations have long recognized the need to use the same AIDS prevention programs
within the prisons as on the outside. At the very least, that means providing inmates information about AIDS and
access to condoms. The situation is quite different in the United States, where the vast majority of
corrections systems either decline to distribute condoms or bar them outright, on the grounds that sex
behind bars is against prison rules. Discomfort with the idea of men having sex with men has led a few
prison officials to suggest that sex between prisoners behind bars doesn't happen all that often. The
danger of this denial-based approach to public health was recently underscored in a bulletin from the
Centers for Disease Control and Prevention. A study of the state prison system in Georgia, covering the years between
1992 and 2005, focused on 88 inmates who tested negative when they entered prison but who became H.I.V. positive while incarcerated.
Despite denials to the contrary, the C.D.C. reports, ''sex among inmates occurs,'' and laws or policies prohibiting it have been ''difficult to
implement or enforce.'' The Bush administration's hostility toward condom distribution -- and toward
straight talk about sex in general -- has had a chilling effect at the C.D.C. Nonetheless, the bulletin
urges state corrections systems that don't have condom distribution programs to investigate the
feasibility of adding them. The states need to take this advice seriously. Diseases that fester in prison
spill over into society as a whole when the infected inmates return to the streets.
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message to staff, inmates and visitors that gay people on the inside should be allowed the same rights as
their heterosexual cellmates.
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Advances in retroviral medications have reduced AIDS related deaths among whites by 19
percent, but only seven percent among blacks, from 2000 to 2004 HIVs racial divide is not
new,wrote Fullilove. Each year we ask the same question: Why is AIDS hitting black Americans
hardest? Fullilove goes on to answer that question saying, The HIV/AIDS epidemic in AfricanAmerican communities results from a complex set of social, individual and environmental factors.
One of those factors, according to Fullilove, is community and religious beliefs often stigmatize
homosexuality as both immoral, but also as anti-black. Fulliloves study of the scientific literature
indicates that because of that stigma, black men who have sex with men are less likely to identify as
gay or disclose their sexual behavior to others. The considerable stigma and homophobia experienced
by many black MSM can also have an impact on their self-esteem and behaviors,wrote Fullilove. One
study found a reduction in self-esteem among black MSM who attended churches that fostered
homophobia,Fullilove continued. For some black MSM, this loss of self-esteem undermined the
individuals ability to practice safe sex, seek medical care in a timely fashion, or follow other health
practices essential to well being. Rebuilding self-esteem is an important task for those involved with AIDS treatment and
causes.
prevention,Fullilove concluded. The report highlights five other factors, including economic disparity and lack of access to health care
that is also credited with higher rates and lower treatment among blacks compared to whites in other diseases such as cancer, diabetes,
and cardiovascular disease. Fullilove also pays a lot of attention to incarcerated men, where the rate of
infection is three times higher than in the general population. Ensuring access to condoms in prisons
would not only protect prisoners, but also the health and the lives of the people in the communities to
which they will return,Fullilove wrote. Prisons increasingly hold members of poor communities who are
both under-educated and unemployable,wrote Fullilove, also advocating voluntary, routine HIV testing to
prisoners on entry and release.
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Stigma against homosexual sex is the reason condoms are not provided
Jordan, 2006
(Mary McLean, Care to Prevent HIV Infection in Prison: A Moral Right Recognized by Canada, While the United
States Lags Behind, Miama Inter-Am. L. Rev. 37:319, winter 2006)
The main argument advanced by prison officials against supplying U.S. prisoners with measures to
prevent the spread of disease is that most of the high-risk behavior transmitting the virus is against
prison rules3 For example, sex is forbidden in prisons (in exception of conjugal visits).37 Engaging in
sexual acts and making sexual proposals or threats are considered high category disciplinary violations.36
Illegal drug use is similarly prohibited and is ranked in the greatest category of discipline violations.39
However, the reality is that such forbidden activities occur regardless of the prison rules. This reality is
evidenced by prison drug addiction and discipline policies and special housing policies for HIV positive
sexually threatening inmates.40 Prison administrators do not dispute the fact that prophylactic materials
(including bleach and condoms) reduce the risk that prisoners might contract HIV or other infectious
diseases.4 While many prisons have HIV/AIDS educational programs in place, those prisoners that receive
such an education are denied the means to effectuate such safe habits.42 Rather than use resources to curb
the risk of such dangerous behavior, prison officials and administrators argue that providing condoms
and bleach would give an inappropriate and confusing message to prisoners if materials were
supplied to protect inmates participating in otherwise banned activities.43 This logic is disappointing.
The system effectively accepts transmission of an incurable and lethal disease to avoid the risk of
confusing inmates about what is permitted within prison walls. Prisoner health succumbs to prison
rules. Consequently, an inmate willing to violate sex and drug regulations has no protection from contracting
a lethal disease.
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Lack of health care for under-served populations is a form of structural violence-Lane, Rubinstein, and Keefe et. al. PhD MPH 2004
Lane, Sandra D. and Rubinstein, Robert A. and Keefe, Robert H. et. al. "Structural Violence and Racial Disparity
in HIV Transmission." Journal of Health Care for the Poor and Underserved 15.3 (2004): 319-335. Project
MUSE. 7 Jul. 2009 <http://muse.jhu.edu/>.
Structural violence is a construct first discussed by Galtung,13 and later described by Weigert 14 as
"preventable harm or damage . . . where there is no actor committing the violence or where it is not
meaningful to search for the actor(s); such violence emerges from the unequal distribution of power
and resources or, in other words, is said to be built into the structure(s)" (p. 431). Structural violence
encompasses institutional racism, disease-ridden environments, stigmatizing social norms, and barriers
preventing underserved populations from getting adequate health care. A search for actors to blame for
preventable harm often misses macro-level entities such as state and federal bureaucracies, health
institutions, social environments, and social and health policies that form the context in which
disproportionate illness and death occur.
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Homophobia Otherization
Heteronormativity is the root of gay discrimination-it results in the Otherization of
populations considered deviant, culminating in physical violence toward Others.
Tania Ferfolja in 2k7 (School of Education @ Univ of Western Sydney, International Journal of
Inclusive Education, Schooling cultures: institutionalizing heteronormativity and heterosexism)
Anti-lesbian/gay discrimination, harassment and marginalization in schools are an international
phenomenon, and frequently involve overt and/or covert, physical, psychological, and/or sexualized
abuse (Olson, 1987; Griffin, 1991; Khayatt, 1992; Juul, 1994; Appleby, 1996; Clarke, 1996). Despite
legislation condemning anti- homosexual discrimination in education in NSW and the espousal of the need
for equity for non-heterosexual identities in schooling, prejudice and discrimination is still evident (Griffin
1994, 1997; Ferfolja, 1998, 2003, 2005; Hillier et al., 1998; Irwin, 2002). Frequently, this condemnation is
positioned (and often condoned) within discourses of derision, fuelled by mythologies, misinformation
and stereotypes historically constructed and perpetuated through dominant socio-political and cultural
institutions, such as the law, media, medicine, psychiatry, religion, the family and education (Hinson, 1996).
Undoubtedly, legislation is crucial in providing potential legal redress for discrimination. Yet, many
individuals are compelled to hide their sexual subjectivity at work, illustrating the seemingly limited effect of
such legislated protections on their everyday lives in many Western nations (Olson, 1987; Griffin, 1991,
1992; Khayatt, 1992; Clarke, 1996). Heterosexuality, deemed as the natural and normal sexuality, by
which all Other sexualities are measured and subordinated, is reinforced through dominant discourses
of biological determinism. Non-heterosexual identities are constructed as hypersexual, paedophilic,
deviant, abnormal, sick, and sexually predatory and much of the international research in the field reports
lesbian and gay individuals fears in relation to the impact and repercussions of being read and positioned
within these negative discourses (Olson, 1987; Griffin, 1991; Khayatt, 1992; Hinson, 1996; Ferfolja, 1998).
Such constructions are problematic for gay and lesbian youth who often experience discrimination and
marginalization; however, they are also particularly problematic for teachers who work in schools with
children (Olson, 1987; Griffin, 1991; Khayatt, 1992; Robinson & Ferfolja, 2001). In Australia, Western
discourses of childhood prevail, constructing youth as innocent, vulnerable, asexual, unknowing, in need of
protection from moral turpitude, and in binary opposition to adults (Kitzinger, 1990; Robinson, 2002).
Lesbian and gay individuals are socially defined by their sexuality, while simultaneously other aspects
of their subjectivity are rendered invisible and irrelevant to social relations (Richardson & May, 1999). By
default then, lesbian and gay identities as sexualized subjects constituted in adult discourses of
sexuality, are perceived to be irrelevant to the lives of young people, despite growing visibility of nonheterosexuality in popular culture. For example, a famous Australian adolescent mainstream television series,
Neighbours, recently presented a lesbian narrative, including a lesbian kiss between two teenagers. Play
School, an educational programme for early childhood aired on the Australian national broadcasting network,
depicted a young girl Brenna, and her friend going to the park with Brennas two mothers. Pop divas
Madonna and Britney Spears made international media headlines when they kissed in a public performance
which was witnessed and discussed by adults and children alike.
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Homophobia Otherization
Socially Constructed Barriers Stemming From Homophobia Otherize Prisoners With AIDS
And Create Racism
Lane et al, PHd at Meharry Medical College, 04
(Sandra D., Robert A. Rubinstein, PhD, MsPH Robert H. Keefe, PhD, ACSW Noah Webster, Donald A. Cibula,
PhD,Alan Rosenthal, JD Jesse Dowdell, MA, Journal of Health Care for the Poor and Undeserved, 7/7/09, DKL)
The HIV seroprevalence of inmates potentially affects the larger communities to which the inmates
return when they are released from prison. Among HIV-infected African American women living in the
South who had fewer than 10 lifetime sexual partners and could identify no high-risk behavior, one quarter
reported that one of their last three sexual partners had been incarcerated for more than 24 hours.
Disproportionate incarceration by race and ethnicity.The disproportionate representation of African
Americans in the criminal justice system has been well documented.44,45 In New York State, African
Americans make up 16% of the population but suffer 43% of arrests and make up 51% of people in
state prisons.46 In Onondaga County, African Americans make up 52% of all people sentenced to jail,
and 61% of all people sentenced to state prison.47 Constrained sexual networks.Social or geographical
isolation of human networks can result in the maintenance of elevated rates of sexually transmitted
infections; socially isolated individuals choose partners from within their network and likely transmit
infections among fellow members.48-50 In Syracuse, substantial [End Page 324] de facto racial
segregation concentrates the majority of African American residents in the near-west and near-south
sides of the city. Racial prejudice severely limits upward mobility, thus promoting residential
segregation, which in turn limits mate selection. Moreover, the prevalence of gangs, which threaten
harm to people who enter a turf in which they do not reside, further limits the ability of teens and
young adults to initiate relationships outside of a few narrowly defined neighborhoods.
Heterosexism creates a dichotomy against the homosexual which devalues the homosexual
Heteronormativity only reinforces the current state of oppression.
Herek, Professor of Psychology at the University of California at Davis, 2004,
(Gregory M, Journal of NSRC, Beyond Homophobia: Thinking About Sexual Prejudice and Stigma in the
Twenty-First Century, April 2004, http://www.safeguards.org/wordpress/wpcontent/uploads/Sexual%20Stigma.pdf.,
accessed 7/8/09, TAZ)
In line with these authors, I suggest that heterosexism be used to refer to the cultural ideology that
perpetuates sexual stigma by denying and denigrating any nonheterosexual form of behavior, identity,
relationship, or community. Heterosexism is inherent in cultural institutions, such as language and the
law, through which it expresses and perpetuates a set of hierarchical relations. In that hierarchy of
power and status, everything homosexual is devalued and considered inferior to what is heterosexual.
Homosexual and bisexual people, same-sex relationships, and communities of sexual minorities are kept
invisible and, when acknowledged, are denigrated as sick, immoral, criminal or, at best, suboptimal.
The dichotomy between heterosexuality and homosexuality lies at the heart of heterosexism. Beginning
in the early 1990s, queer theorists and other postmodernists began to refer to this core assumption as
normative heterosexuality or heteronormativity (Seidman, 1997; Warner, 1993). A single definition of
heteronormativity is not forthcoming in the writings of queer theorists and, as Adam (1998) noted,
characterizing heterosexuality simply as a social norm is less than adequate. Nevertheless, the term
heteronormativity nicely encapsulates queer theorys critique of the cultural dichotomy that structures
social relations entirely in terms of heterosexuality- homosexuality. As Adam explained If languages
consist of binary oppositions, then heterosexuality and homosexuality are opposed terms. By
constructing itself in opposition to the homosexual, the heterosexual is rendered intrinsically antihomosexual. For queer theory, the issue is not one of appealing for tolerance or acceptance for a quasiethnic, 20th century, urban community but of deconstructing the entire heterosexual-homosexual binary
complex that fuels the distinction in the first place. Homophobia and heterosexism can make sense only
if homosexuality makes sense. How a portion of the population is split off and constructed as
homosexual at all must be understood to make sense of anti-homosexuality. (p. 388
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Homophobia Nazism
Homophobias Mindset Is That of Nazism and Leads to Never Ending Violence
Alves, Human Rights Quarterly, 05
(John, The Declaration of Human Rights in Postmodernity,
http://muse.jhu.edu.floyd.lib.umn.edu/journals/human_rights_quarterly/v022/22.2alves.html, 7/7/09, DKL)
The state, previously regarded as the essential promoter of freedom and minimum conditions of
equality in its capacity as social regulator, tends to become a simple manager of economic
competitiveness, domestically and on the world market. Distorted, ineffective, and deprived of the idea of
human progress, politics lacks credibility and becomes suspect. Not only does it acquire mostly ceremonial
functions, but it also tends to be seen as a "natural bearer" of corruption and waste. Popular opinion loses
interest in political matters, as noticed both in the growing levels of electoral abstention (wherever abstention
is legal) and in the lack of enthusiasm of voters (wherever voting is compulsory). Political rights, one of the
most outstanding achievements of modernity, tend in consequence to lack luster and appeal. Bereft of a
unifying capacity as a result of both its abuse of "metadiscourses" and of the contemporary
acknowledgement of the "capilarity of power," 23 the national state, formerly the locus of social
assertion and individual self-fulfillment, is gradually deprived even of its identity function. The
individual, often discriminated against within national borders as a result of incomplete--or biased-implementation of human rights and fundamental freedoms, looks for other sorts of communities for
his or her self-identification. Ethnicity, religion, cultural origins, gender, and sexual orientation impose
themselves above the notion of nationality and citizenship. Obviously, such new forms of selfidentification are positive and in full conformity with the anti-discriminatory stance of the Universal
Declaration of Human Rights. A problem only arises when they assert themselves in a fundamentalist
mode. When exacerbated, they can lead to practices like those of the ethnic cleansing in Bosnia, of the
bloody Algerian massacres perpetrated in the name of religious purity, of the genocidal frenzy of Hutus
and Tutsis in Rwanda, or of the delirious anti-feminism of the Taliban in Afghanistan. Such
identification might even contrario sensu "legitimize" other obnoxious kinds of radicalism like that of
"supremacist militias," ethnic hatred, and subnational separatism, as well as the more widespread
occurrences of xenophobia, nazi-fascist ultra-nationalism, reactionary isolationism, male antifeminism--now substantially controlled in the West--and aggressive homophobia, still present and often
violent worldwide.
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Homophobia Dehumanization
Homophobic Rhetoric leads to dehumanization and violence against sexual minorities
Herek, Professor of Psychology at the University of California at Davis, 2004,
(Gregory M, Journal of NSRC, Beyond Homophobia: Thinking About Sexual Prejudice and Stigma in the
Twenty-First Century, April 2004, http://www.safeguards.org/wordpress/wpcontent/uploads/Sexual%20Stigma.pdf.,
accessed 7/8/09, TAZ)
Empirical research more strongly indicates that anger and disgust are central to heterosexuals
negative emotional responses to homosexuality (e.g., Bernat, Calhoun, Adams, & Zeichner, 2001; Ernulf &
Innala, 1987; Haddock, Zanna, & Esses, 1993; Herek, 1994; Van de Ven, Bornholt, & Bailey, 1996). Thus, in
identifying discontinuities between homophobia and true phobias, Haaga (1991) noted that the emotional
component of a phobia is anxiety, whereas the emotional component of homophobia is presumably anger.
These conclusions are consistent with research on emotion and on other types of prejudice, which
suggests that anger and disgust are more likely than fear to underlie dominant groups hostility toward
minority groups (e.g., Mackie, Devos, & Smith, 2000; Rozin, Lowery, Imada, & Haidt, 1999; Smith, 1993).
Indeed, the dehumanization of gay people in much antigay rhetoric (e.g., Herman, 1997) and the intense
brutality that characterizes many hate crimes against sexual minorities (e.g., Herek & Berrill, 1992) are
probably more consistent with the emotion of anger than fear (on the association between anger and
aggression, see, e.g., Buss & Perry, 1992).
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Homophobia Violence
Homophobia leads to violence
Conyers, Democratic Representative of Detroit, 1987
(John, US Government Printing Office, Anti-Gay Violence, 10-9-87,
http://www.eric.ed.gov/ERICDocs/data/ericdocs2sql/content_storage_01/0000019b/80/1c/45/1d.pdf, accessed 7-7-9,
NB)
Since that time, we have witnessed a rising tide of antigay violence. The National Gay and Lesbian Task
Force, in an 8 city study of antigay violence concluded that 1 in 5 gay men and 1 in 10 lesbians had been
physically assaulted because of their sexual orientation. The Community united Against Violence in
San Francisco reports that the victims of antigay violence it served in 1985 increased 61 percent over
the previous year. In New York City, the Gay and Lesbian Violence project reported a 41-percent
increase in the number of victims it served in 1985 over the previous year, and 91-percent increase
during the first months of this year. These statistics are even more disturbing since much of the antigay
violence goes unreported. A 1982 survey of victims of violent crimes in San Francisco showed that 82
percent of antigay attacks were not reported to the police. A 1985 survey of antigay violence in Philadelphia
revealed that 76 percent of the victims never notified the authorities.
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debated nationwide. A few states have legislation that approaches universal coverage, but implementation
requires political will and an agreement on the part of the public to finance the care of large groups of residentsincluding
noncitizenswith low or moderate incomes. There are legal, ethical, social, and public health reasons why
prisoners, as wards of the state, must be supplied with health care. The legal reasons for providing health care to
prisoners were stipulated in the 1976 Supreme Court Estelle v. Gamble decision, in which the Court held that deprivation of health care
constituted cruel and unusual punishment [1], a violation of the Eighth Amendment to the Constitution. This
interpretation created a de facto right to health care for all persons in custody, whether convicted
(prisoners) or not (pretrial detainees). The decision also brought forth the concept of "deliberate
indifference," a legal definition that prohibits ignoring the plight of prisoners who need care and
translates into a mandate to provide all persons in custody with access to medical care and a professional
medical opinion. Correctional authorities and health care professionals who infringe this right do so at their peril and may be prosecuted
in federal or state courts [1]. Beyond the legal mandate, there are fundamental ethical reasons why prisoners
should be given medical care. Free persons may or may not have health insurance, based, at least in part, on their decisions about how to
prioritize the use of their money. Some who decide against buying insurance have the option to pay cash for the health services they
seek. The very poor, the aged, and the disabled are generally provided with assistance in the form of
federal and state Medicare and Medicaid programs. Even the so-called "working poor," loosely defined
as those who earn too much to qualify for assistance and too little to afford to pay for health care, have
the option to use or borrow cash when they need medical treatment. Moreover, federal law requires that hospitals
provide medically necessary emergency health services regardless of a patient's health insurance status or ability to pay. My point is not
that all U.S. residents have the resources they need to cover their medical care; certainly many do not. My point is that prisoners
have none of the choices just enumerated. If the correctional institution's staff denied care, the inmate
would have no alternatives. In the past two decades, a substantial number of prisons and jails have decreed that prisoners must
pay at least part of the bill for their medical services [2]. These policies always include the provision that indigent prisoners will receive
medically necessary, urgent care regardless of their financial status. It is evident that society has embraced the concept that,
when incarcerated, a person cannot see to his or her own medical needs, and, therefore, society must
do so. Health care is given to prisoners for social reasons too. The vast majority of inmates will return
to society within a few years. Proper care helps to preserve their physical function, which makes it possible for ex-inmates
reintegrating into society to embark on productive activities and avoid becoming a burden to all. For example, hypertension and diabetes
treatment are known to prevent strokes, heart attacks, and other sequelae that would burden society with long-term care of disabled
persons. It is in society's best interest that recently released prisoners be free of disabling diseases. Public health reasons for
providing care to prisoners are so strong that many view correctional medicine and public health
medicine as essentially two approaches to the same problem [3]. As a class, prisoners include a larger
share of risk-taking individuals than a similar sampling of free persons, and statistics show that they have a
larger proportion of the health problems associated with risk takinghepatitis B and C, HIV, TB, and
syphilis, to name a few [4-6]. If any of these diseases is to be eradicated, or even contained, it makes sense that public
health officers would develop prevention strategies in the prisons and jails, where large numbers of infected subjects reside. Disease
prevention education, vaccination where appropriate, and disease surveillance are basic public health tools that can be used in the
correctional setting with public health goals in mind. I have shown that it makes sense from a legal, ethical, social, and
public health point of view to provide health care to prisoners, but doing so creates the perceived injustice that those
who behave badly are rewarded with free medical care, while those who soldier on working for low pay and resist the temptation to
resort to crime are punished by not receiving free care. Why is it, we ask, that the health of prisoners seems more important to the state
than the health of other U.S. residents? I have no solution to the apparent paradox. And the inequity does not even stop there. Under U.S.
law, prisoners have the right to food, clothing, shelter, and so on. None of these rights applies to free persons. Prisoners are expensive to
maintain. The average prisoner in a southern state institution costs about $34,000 a year. Of note, about 16 percent of that sum is
allocated to health care. Why, then, is this relatively small amount of a prison system's budget a lightning rod? I believe that the public's
desire for affordable or free health insurance as part of a societal package for all is deep-seated and leads us to envy for the prisoner's
status, if only because of medical care coverage. Civilized, highly developed countries such as England, Canada, Germany, and the
Scandinavian countries have long endowed all their residents with medical care coverage. The fact that the U.S. lags behind riles a
number of people, and especially those who understand how universal coverage applies to all U.S. prisoners. This dilemma will persist
until health insurance is available to all U.S. residents. Meanwhile, coverage of all U.S. prisoners continues and it is a good thing.
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Stigma Disease
The racial disparities in prisons and the stigma surrounding stigmatizing homosexuality
lead to disproportionate rate of HIC infection
Lane, Rubinstein, and Keefe et. al. PhD MPH 2004
Lane, Sandra D. and Rubinstein, Robert A. and Keefe, Robert H. et. al. "Structural Violence and Racial Disparity
in HIV Transmission." Journal of Health Care for the Poor and Underserved 15.3 (2004): 319-335. Project
MUSE. 7 Jul. 2009 <http://muse.jhu.edu/>.
Growing racial and ethnic disparities in HIV transmission, particularly through heterosexual
transmission to women, can be explained only partially by individual-level behaviors. It is clear that
individual behaviors take place in social contexts where structural violence limits health-promoting
behaviors. Empirical investigations of macro-level social and environmental factors must be undertaken.
Six ecological variables appear to exacerbate HIV transmission among women of color in Syracuse. First,
African American incarceration rates are far higher than the incarceration rates of non-Hispanic
whites; the behaviors that occur in correctional facilities may increase the rate of sexual and
bloodborne infections for both the inmates and the populations to which they return. Second, de facto
residential segregation, reinforced by gang turf, may serve to maintain elevated rates of STD infections in
already plagued social and sexual networks. Third, limited access to STD services delays the timeliness of
effective treatment, thus increasing the likelihood that additional individuals will be exposed to infection.
Fourth, the sex ratio for African Americans, in which adult women significantly outnumber adult men,
appears to result from African American males' premature death and disproportionate incarceration; these
phenomena ultimately decrease women's bargaining power in forming relationships; the relevant effect is an
increase in the number of women involved with a man who has two or more sexual partners simultaneously.
Fifth, social norms stigmatizing homosexuality influence some MSM to hide their same-sex
relationships, while maintaining sexual relationships with women. Men engaged in these covert samesex encounters are not likely to use condoms. Sixth, douching, which is more prevalent among African
American women than others, may enhance the transmission of HIV; douching is fostered by a major
industry.
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Negs Args=Homophobic
The negs arguments are based on stigma and homophobia
Mehta graduate of Boston University and an intern at The Nation 2006
Shreema Sept. 1 Cali. Gov. Considers Prison Condom Distribution Bill California legislators passed a bill
recently allowing the distribution of condoms in state prisons by nonprofit and public healthcare agencies.
AIDS advocates say that given the low expectation of privacy in prisons and the stigma associated with
the virus, many inmates avoid testing, possibly making the actual rate of infection in prisons higher.
Fresno Senator Charles Poochigian told the Associated Press the bill "sends entirely the wrong message" and
said prisons should work to reduce gang activity, which he says encourages sexual activity in prison.
Opponents also said condoms can be used as weapons or smuggling devices. But that argument is a
"smokescreen," prison AIDS activist Mel Stevens told The NewStandard in a previous article. "What
really is the bottom line is [corrections officials] don't want to know that men are having sex with
men." Various studies have illustrated that most sex among prisoners is consensual.
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prisons probably can be reduced, but that task will require changes to the character of the prison
rather than a mere intensification of imprisonment. Furthermore, to the extent that sexual coercion in prison cannot be
eliminated, we should make that fact part of debates about the appropriate use of imprisonment as a penalty. [*142] Thus, the
intersection of sex and punishment prompts new questions and new doubts about the character and consequences of incarceration. But
this inquiry is useful not only for the study of punishment, but also for the study of sex and gender, including
analyses of sexual inequality. To date, these inquiries have rarely merged: most of the scanty literature on sex and rape among
male prisoners makes no mention of the extensive scholarship on non-carceral rape, 9 and most of that extensive scholarship on rape
addresses only rapes of women by men. 10 Prison rape researchers can learn much from feminist investigations of
the concepts of force and consent; in all-male prisons, as in free-world heterosexual relationships, coerced sex is only rarely
marked by bruises and blood. Furthermore, some feminist accounts of rape may insist too much that rape is something men do to
women, and research on prison sex should inform revised accounts of sexual violence. Of course, it is risky, and usually inaccurate, to
generalize about rape, and this is not to suggest that heterosexual rape in the free world is easily comparable to same-sex prison rape.
Social inequalities between men and women produce unique abuses , and the coercive conditions of incarceration
produce different abuses. In fact, a central claim of this Article is that sexual coercion in prison is a distinctive
product of the carceral environment. Nevertheless, prison sex researchers can learn much from feminists, and vice versa.
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care not only about punishment of sexual coercion but also about its prevention, then we must be
attentive to every contributing cause. And indeed, as detailed in Part I, not every instance of coerced sex
has a clear perpetrator, an individual aggressor who is the source of the coercion. A great deal of sex in
prisons stems not from a direct exercise or threat of superior physical force, but from a bargain made
under the coercive conditions that are intrinsic to prison. Prisoners are denied almost every
opportunity for agency, which is why some commentators are reluctant to call any prisoner sex
consensual. And it seems impossible to restore a significant measure of agency to prisoners and still
maintain security and inflict the pain or harm that we see as essential to punishment. To regulate the most
obvious physical coercion, the graphically violent rapes, is an important improvement, but it will not address much of the sex. Or, we
could ban sex altogether, which seems fruitless and probably undesirable. In short, it would be very difficult to disaggregate coercive sex
from imprisonment.
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Condom distribution has resulted in use of the condoms, but hasnt increased sexual
activity or caused security issues
McLemore, Health and Human Rights Researcher at the Human Rights Watch, 2008
(Megan, Canadian HIV/AIDS Legal Network, 6-27-8 Access to condoms in U.S. prisons HIV/AIDS Policy &
Law Review 13(1) http://www.aidslaw.ca/publications/interfaces/downloadFile.php?ref=1349, Accessed July 5,
2009, JTN)
Some corrections officials have expressed concern that condom distribution would negatively affect
institutional security. This concern has proved unfounded in studies from Canada and Australia .10 As
discussed below, a recent evaluation of a U.S. condom distribution program provides further evidence that
security is not compromised by this vital harm reduction measure. One study examined the condom
distribution program in effect since 1993 at the Central Detention Facility in Washington, D.C. (CDF). The study
found that the CDF housed approximately 1400 adult males, 100 adult females and 40 juveniles, and processed an average of 2800
inmates per month. It was staffed by 551 correctional officers. Condoms were provided free of charge through public
health and AIDS service organizations. Inmates had access to the condoms during health education
classes, voluntary HIV pre-test or post-test counselling, or upon request to members of the health care
staff. Approximately 200 condoms were distributed each month according to inventory audits. Both
inmates and staff were interviewed about their opinion of the condom distribution program. The findings indicate that 55 percent of
inmates and 64 percent of correctional officers supported the availability of condoms at the CDF facility. Objections related primarily to
moral and religious concerns about homosexual activity. Thirteen percent of correctional officers said that they were aware of
institutional problems associated with condom distribution, though none provided descriptions of those problems. No major
security infractions related to condoms had been reported since commencement of the program. There
was no evidence that sexual activity had increased, based upon staff interviews as well as a review of
disciplinary reports for the relevant period. The researchers stated: Permitting inmates access to condoms remains
controversial among most correctional professionals. Even so, no jail or prison in the United States allowing
condoms has reversed their policies, and none has reported major security problems. In the
Washington, D.C. jail, the program has proceeded since 1993 without serious incident. Inmate and
correctional officer surveys found condom access to be generally accepted by both.11 Several large urban prisons, including the Los
Angeles and San Francisco County prisons, make condoms available to inmates. San Francisco Sheriff Michael Hennessey was a strong
supporter of Californias legislation permitting condom distribution in prison, which was passed in 2005 and again in 2007, but was
vetoed in both instances by the Governor. In an editorial opinion letter published April 19, 2005 in the San Francisco Chronicle, Sheriff
Hennessey stated that correctional officials should do everything we can to prevent sexual activity in custody, but we shouldnt turn a
blind eye to the reality that it occurs. Further, he noted that the risk of contraband smuggling was much greater from routine contact
between inmates and outside visitors than from the availability of condoms inside the facility. Significantly, following his recent veto of
the bill, Governor Schwarzenegger agreed to permit a pilot program for condom distribution, the first of its kind in the California state
prison system.
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Sex is occurring in prisons, between the inmates, and even with the prison staff, risking
large spread of HIV
Manier, Writer for the Chicago tribune, 2007
(Jeremy, McClatchy Tribune News Service, 3-23, Condom debate targets prisons p. 1 Proquest, JTN)
In reality, much of the high-risk homosexual contact in prison involves men who don't consider
themselves gay outside prison, former prisoners and researchers said. About 1 percent of prisoners report
having been raped. According to an in-depth study the CDC published last year on HIV transmission in
Georgia prisons, most sex among prisoners was either consensual or what the authors called
"exchange sex." Those inmates said they use sex as a bartering tool to get cigarettes, drugs, food or
protection from other inmates. One striking finding of the Georgia study was that a third of HIVinfected prisoners said they had sex with male prison staffers, and one-fifth had sex with female
staffers. The CDC report called condoms an integral part of HIV prevention efforts outside prisons and
suggested that states weigh the risks and benefits of allowing condoms. Part of the urgency that Green feels
stems from figures showing that African-Americans account for a growing proportion of HIV cases in the
general population. Two-thirds of the inmates who contracted HIV in Georgia prisons are black, the CDC
study said. "It is a public health crisis," Green said. "And it is infecting the community we claim we want to
save."
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The inevitability of sex in prisons justify the distribution of condoms to stop the spread of
HIV
McCroy Freelance Writer 2009
Putting HIV on Lockdown HIV TESTING AND PREVENTION BEHIND BARS Winnie April 20,
http://www.amfar.org/community/article.aspx?id=7176
In addition to testing, more can be done to prevent the spread of HIV among prisoners. Advocates
insist that condoms be provided during conjugal visits; many also urge that they be provided among
general prison populations. Only four jail systems, in New York City, Philadelphia, San Francisco, and
Washington, and two prison systems, Vermont and Mississippi, make condoms available to some of their
inmates. Most U.S. correctional facilities do not distribute condoms due to security concerns or
because of fears that condom distribution suggests that sex is permitted. There have been no reported
events of condoms being used as any type of weapon, said Ralf Jrgens, director of the Canadian
HIV/AIDS Legal Network, in a 2002 article. Condoms have been available in Canadian federal prisons
since 1992. Jrgens said that while sex in prison is still an institutional offense, fighting the spread of
HIV is more important than upholding morality, especially since sex in prisons is occurring with or
without condoms. After 10 years distributing condoms, the issues [surrounding condom distribution in
corrections] have become non-issues, said Jrgens.
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misinformation; such fear might or might not be allayed with more education about the disease than is already being provided. 36 Given the distressingly high stakes, however, we do not think that the evidence in the
record is so substantial as to indicate that the DOC's conservative approach is an "exaggerated response" to the presence of the disease. See Pell, 417 U.S. at 827, 94 S. Ct. at 2806. 37
- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - 35 In addition, there was evidence that a majority of inmates who had already tested positive for HIV infection experienced psychological "denial," and steadfastly denied their seropositivity. Other evidence established
that inmates in the HIV unit who had been previously instructed by nursing staff not to engage in high risk behavior nevertheless were subsequently treated for sexually transmitted diseases such as syphilis, gonorrhea,
chlamydia, and anal warts acquired through anal intercourse. [**73] 36 The close quarters and heightened occurrences of high-risk activity in prisons undoubtedly accentuate "AIDS phobia" for those who must
continually deal with the presence of HIV in the correctional context; "'when patients with AIDS [or HIV] are discovered in the prison system, there is a crescendo of concern leading to panic on the part of prisoners,
correctional staff, as well as the medical staff.'" Note, In Prison with AIDS: The Constitutionality of Mass Screening and Segregation Policies, 1988 U.Ill.L.Rev. 151 (quoting Pear, Prisons Are on the Alert Against AIDS,
N.Y. Times, Jan. 12, 1986, at 28E, col. 1).
High-risk
behavior, particularly IV drug use and homosexual activity (consensual and nonconsensual), is a given in
the prison setting, and no correctional approach can eliminate it. Homosexual rape is commonplace. As Justice Blackmun
However, we are unwilling merely to dismiss as alarmist or illegitimate all of the concerns expressed by the class of general population prisoners that has intervened in this lawsuit.
has observed, "[a] youthful inmate can expect to be subjected to homosexual gang rape his first night in jail, or, it has been said, on the way to jail. Weaker
inmates become the property of stronger prisoners or gangs, who sell the sexual services of the victim." United States v. Bailey, 444 U.S. 394, 421, 100 S.
Ct. 624, 640, 62 L. Ed. 2d 575 (1980) (footnotes omitted) (Blackmun, J., dissenting).
We ignore prisoners because we dont want to believe gay sex occurs in prison
Steinberg Wasserton Public Interest Fellow at Harvard Law School 2005
Robin G. Unprotected: HIV Prison Policy and the Deadly Politics of Denial June 22, 2005 Harvard Journal of
African American Public Policy
Because prison officials barely acknowledge that prison sex and rape exist, they fail to provide
prisoners with resources to protect themselves (condoms, lubricants). Because prison officials deny that
intravenous drug use happens inside prisons, they fail to provide clean needles or bleach for needle
sterilization. Because they do not want to examine the problem, they fail to provide culturally and
contextually appropriate education to prisoners. And because they refuse to accept the continuing spread of
the virus through the incarcerated population, they fail to provide prisoners with opportunities to learn and
practice skills that they need to protect themselves inside and outside prison.
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confirmed that any prisoner who has had a sexually transmitted disease or fears he is at risk from one
is entitled to free condoms with a doctor's prescription." Inmates include Roy Whiting, who murdered eight-year-old
Sarah Payne, fellow child killer Robert Black and notorious paedophile Sidney Cook. Huntley, 34, who killed 10-year-olds Holly Wells
and Jessica Chapman, has now been transferred to tough Frankland jail, Durham. The source added: " It doesn't matter how
disgusting the crimes were. Free condoms are issued as a policy to cut the spread of sexually
transmitted diseases." Staff are also angry that they will have to dispose of used condoms, which are supposed to be bag ged and
dropped in a clinical waste bin outside the health unit. It should be a prisoner's task to remove the waste. But no one has volunteered so
officers will do the job. A Prison Service spokesman said: "Prisons should not encourage overt sexual behaviour. But
we recognise that sex in prisons is a reality, which carries a public health dimension. "Condoms will not be
made available to prisoners without sexual health education." Once if prisoners were caught having sex they'd be taken to court..now we
have to knock at their cell doors.
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Sex Occurs In Prisons Regardless, Providing Condoms To Combat AIDS Is Well Worth It
McCroy, Freelance writer who works for numerous New York publications, including the
New York Blade and GO NYC Magazine, 2009,
(The foundation for aids research Putting HIV on Lockdown, April 20,
http://www.amfar.org/community/article.aspx?id=7176, Accessed 7/6/09 By SA )
Drug use and sex both occur in prisons, regardless of what we want to happen, said Dr. Strick. I
would personally support condoms in prisons, and I think custody could bring in a third party to
distribute them. And education is always good. We can argue that not everyone is using condoms
correctly, but it is still better than no one having them. It is still making a difference.
Statistics of sex in prisons are lower than the actual amount of sex because there is no
incentive for prisoners to report
Jurgens World Health Organization 2007
EVIDENCE FOR ACTION TECHNICAL PAPERS EFFECTIVENESS OF INTERVENTIONS TO ADDRESS HIV
IN PRISONS Pg. 23 http://whqlibdoc.who.int/publications/2007/9789241596190_eng.pdf
Studies may underestimate the prevalence of activities and behaviours that present risks of HIV (and/
or HCV) transmission in particular, injecting drug use and sexual intercourse because of the many
methodological, logistical, and ethical challenges of undertaking a study of prisoners high-risk
behaviours. These challenges stem primarily from three aspects of prisoners lives: prisons are by
nature coercive environments; sex and drug use violate prison regulations; and, sexual behaviour
involves identity issues that often spur shame and a fear of homophobic violence from other prisoners.
(Mahon, 1997). Many prisoners decline to participate in studies because they claim not to have engaged in
any high-risk behaviours (Health Canada, 2004, with reference to Pearson, 1995). This can result in low
generalizability and underreporting of risk behaviours affecting statistics in prisons worldwide. As
well, prisoners who do participate can be reluctant to give data regarding risk behaviours, the
majority of which constitute institutional offences (Health Canada, 2004). Prisoners are afraid of
reprisal for admitting illegal behaviours (Rutter, 2001, with reference to Dolan, Wodak & Penny, 1995).
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Consensual sex is often underreported and condoms would prevent the spread of HIV in
prisons
Jurgens World Health Organization 2007
Ralf EVIDENCE FOR ACTION TECHNICAL PAPERS EFFECTIVENESS OF INTERVENTIONS TO ADDRESS
HIV IN PRISONS Pg. 29 http://whqlibdoc.who.int/publications/2007/9789241596190_eng.pdf
All forms of sex, even consensual sex, tend to be uniformly forbidden under prison disciplinary codes.
However, consensual sex is seen as less of a threat to prisoner or institutional security than rape and other
forms of sexual violence, and thus does not demand the attention of more violent behaviour (May and
Williams, 2002, with reference to Saum et al., 1995; Awofeso & Naoum, 2002). Some such activity occurs as
a consequence of sexual orientation. Zachariah et al. (2002) reported that prison does not modify the
behaviour of men who have homosexual relations before imprisonment, and therefore does not
significantly modify the risk of infection (if condoms are accessible), except for their choice of partner
(Niveau, 2005). However, most men who have sex in prisons do not identify themselves as homosexuals and
may not have experienced same sex relationships prior to their incarceration. Freud differentiated between
exclusive (obligatory) homosexuality and situational (facultative) homosexuality. The latter term applies to
someone engaging in a sexual relationship with a person of the same sex, but whose sexual preference is for
a person of the opposite sex. Temporarily, under conditions of deprivation, such as imprisonment, such
persons may engage in same-sex behaviour (Awofeso & Naoum, 2002, with reference to Freud, 1905). Many
prisoners do not think of their behaviour as homosexual if they are the penetrating partner (Johnson,
1971), or are reluctant to acknowledge any such practice. In studies, this often results in
underreporting of sexual activity in prisons (Mahon, 1997).
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Worries of condom attacks are empirically disprovenother nations have given condoms
to inmates
Bloomekatz, LA Times Writer, 2009
(Ari B., Deleware Online, 7-5-9 Sexual health advocates work to fight AIDS behind bars Once-taboo condom
programs taking hold, http://www.delawareonline.com/article/20090705/NEWS01/907050328, Accessed July 6,
2009, JTN)
Some prison officials worry that inmates will use the condoms to attack prison guards by filling
condoms with urine or feces and throwing them at guards in what is known as "gassing." Richard L.
Tatum, state president of the California Correctional Supervisors Organization, said his group opposes
condom distribution programs in jails and prisons because inmates could use them to smuggle drugs
and other contraband. He said educational programs, not condoms, are the answer. But Whitmore said the
condom giveaways have not proved to be a problem in Men's Central. At the prison in Solano, where
condoms are dispensed in a type of vending machine available to the general prison population, few
problems have been reported, Sylla said. "No place that has instituted condom distribution has then
revoked it because of problems," said Nina Harawa, an assistant professor at Charles Drew University in
South Los Angeles who researches HIV/AIDS in incarcerated populations. Harawa said condoms are
provided to prisoners in parts of Europe, the Middle East, Latin America and South Africa and that
the program at Men's Central "is an ideal example of how this can work successfully in the United
States." For Osorio, who is HIV-positive, the issue is personal. He said he makes the trek to Men's Central
Jail every Friday because condoms can save lives and money. "How much money are we saving the state if
we can keep one person from being infected? When they're in the jail system, you and I are paying for it.
That's what we need to understand."
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Condoms Safe
Empirically Proven: Condom programs save money and avoid problems
Shauntel Times Herald 2009
CALIFORNIA: Prison Condom Program Reports No Major Problems The Reporter (Vacaville) (02.07.09) Thursday, February 12, 2009 Shauntel Lowe, Times-Herald
http://www.aegis.com/news/ads/2009/AD090267.html
The prison-based condom-access program at the California State Prison in Solano is going smoothly,
prison officials said recently. Concerns that condoms would be used as weapons or as a hiding place for
drugs have not borne out in practice since the one-year pilot began in November, said Terry Thornton, a
California Department of Corrections and Rehabilitation spokesperson. The program was approved by Gov.
Arnold Schwarzenegger despite controversy over distributing condoms to inmates in prison, where having
sex is illegal. It costs about $25,000 per year to provide medical care to one HIV-positive inmate, while
the provision of condoms costs a fraction of that, said Julie Lifshay, research and evaluation manager for
Centerforce, a prisoner support and advocacy group. Based in California, Centerforce trains San Quentin inmates as peer
educators to prevent HIV/AIDS. Inmates are allowed one packaged condom at a time, Thornton said. The condoms are
dispensed through seven machines in Facility II at the prison, where 1,000 inmates are housed. The Center for Health
Justice is funding the pilot and purchased the condom machines, which are re-stocked once a week with up to 144
condoms, said Mary Sylla, CHJ's interim executive director. The HIV rate among inmates is at least five times higher
than that of the general population, she said.
Prisons doing the plan internationally had no problems, including no increase in drug use,
decreased needle exchange, decrease in disease, and no use of needles being used as
weapons.
Okie, M.D. 2007
Susan January 11 New England Journal of Medicine Volume 356:105-108 Number 2 Sex, Drugs, Prisons, and
HIV
U.S. public health experts consider the Rhode Island prison's human immunodeficiency virus (HIV)
counseling and testing practices, medical care, and prerelease services to be among the best in the country.
Yet according to international guidelines for reducing the risk of HIV transmission inside prisons, all
U.S. prison systems fall short. Recognizing that sex occurs in prison despite prohibitions, the World
Health Organization (WHO) and the Joint United Nations Program on HIV/AIDS (UNAIDS) have
recommended for more than a decade that condoms be made available to prisoners. They also
recommend that prisoners have access to bleach for cleaning injecting equipment, that drugdependence treatment and methadone maintenance programs be offered in prisons if they are
provided in the community, and that needle-exchange programs be considered. Prisons in several
Western European countries and in Australia, Canada, Kyrgyzstan, Belarus, Moldova, Indonesia, and
Iran have adopted some or all of these approaches to "harm reduction," with largely favorable results.
For example, programs providing sterile needles and syringes have been established in some 50 prisons
in eight countries; evaluations of such programs in Switzerland, Spain, and Germany found no
increase in drug use, a dramatic decrease in needle sharing, no new cases of infection with HIV or
hepatitis B or C, and no reported instances of needles being used as weapons.1 Nevertheless, in the
United States, condoms are currently provided on a limited basis in only two state prison systems (Vermont
and Mississippi) and five county jail systems (New York, Philadelphia, San Francisco, Los Angeles, and
Washington, DC). Methadone maintenance programs are rarer still, and no U.S. prison has piloted a needleexchange program.
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Gordon/Lacy/Symonds
Condoms Safe
Successful examples in other countries and U.S. cities proves solvency, and no increase in
violence
Tucker, Chang and Tulsky, Division of Infectious Diseases Massachusetts General Hospital, University of
California San Francisco, Department of Medicine and the Positive Health Program, University of California San
Francisco, 2007
(Joseph, Suzanne and Jacqueline, The catch 22 of condoms in US correctional facilities, BMC Public Health, 7:296,
2007, JWS)
Analyzing the critiques of condom distribution in prison is essential to understanding current
correctional HIV prevention policy. As the 1990s saw major developments in HIV law outside of the US
permitting use of condoms in prisons and jails, concerns about transport of contraband and use of condoms as
weapons plagued American correctional facilities. These hesitations about the safety, acceptability, and
feasibility of providing condoms to prisoners have been addressed by successful model programs in
many US cities and states (San Francisco, District of Columbia, Los Angeles, Philadelphia, parts of NYC,
Mississippi, Vermont) [20]. For example, most correctional officers and inmates at the Washington, DC
jail, which has provided condoms in jails over ten years, favored condom distribution. The majority of
inmates felt there was no increase in sexual activity as a result of condom availability. In addition, the
vast majority (87%) of correctional officers reported no problems with this policy [20]. While these US
cities and states provide experience to support condom distribution, these programs are dwarfed in breadth
and depth by other country's programs. Large scale national programs making condoms available in
prisons have been present in Canada and many European nations for over a decade. The proportion of
European prison systems allowing condoms rose from 53% in 1989 to 81% in 1997 [21]. More importantly,
none of the penal systems that have introduced condom distribution have reversed their policy, and the
number of correctional facilities with condoms grows each year. The Canadian HIV/AIDS Legal
Network and the Canadian AIDS Society argued early in the 1990s for more widespread condom
availability independent of inmates asking for them [21]. This policy was adopted by the Canadian
government, and has proven feasible and effective [22]. Canadian law now guarantees that condoms be
available in three discrete unique locations in the prison, in addition to being provided for conjugal
visits [23]. In Australia, 50 prisoners brought legal action against the state for non-provision of condoms,
prompting the provision of condoms in New South Wales. This policy has since been found effective and
sustainable [24]. Stigma associated with obtaining condoms in prison environments did not limit the
utility of the program since condoms were available in multiple locations without asking a physician;
such measures would be important to ensuring that the stigma associated with homosexual behaviors
often found in correctional settings does not limit opportunities for HIV prevention. The increasing
number of international jails and prisons distributing condoms provides useful information about
structuring scalable successful programs.
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economic health of our country, we must bring together all sectors to find new, innovative, and costeffective ways to prevent chronic disease. Any funding that we spend to prevent chronic disease today
will actually be a valuable investment with long-term dividends. Dr. Carmona is Chairperson of the Partnership
to Fight Chronic Disease (PFCD), 17th U.S. Surgeon General (2002-2006), and President of Canyon Ranch Institute. According to the
study, seven chronic diseases cancer, diabetes, hypertension, stroke, heart disease, pulmonary conditions and mental illness have a
total impact on the economy of $1.3 trillion annually. Of this amount, $1.1 trillion represents the cost of lost productivity.
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Federal prisons are entirely under the charge of the Bureau of Prisons and the Attorney
General
US Code
Title 18 Chapter 303 4042 http://www.law.cornell.edu/uscode/search/display.html?
terms=prisons&url=/uscode/html/uscode18/usc_sec_18_00004042----000-.html Accessed 7/9/08 TC
The Bureau of Prisons, under the direction of the Attorney General, shall (1) have charge of the
management and regulation of all Federal penal and correctional institutions; (2) provide suitable
quarters and provide for the safekeeping, care, and subsistence of all persons charged with or
convicted of offenses against the United States, or held as witnesses or otherwise;
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medical treatment under the "deliberate indifference" standard, first announced by the Supreme
Court in 1976, in Estelle v. Gamble. n9 In Estelle, the Supreme Court established that, when prison officials are deliberately
indifferent to the serious medical needs of prisoners, the prisoners' Eighth Amendment right to be free from cruel and unusual
punishment has been violated. n10 In Ancata v. Prison Health Services, n11 for example, the United States Court of Appeals for the
Eleventh Circuit held that, "if necessary medical treatment has been delayed for non-medical reasons, a case
of deliberate indifference has been made out." n12 Financial considerations constitute "non-medical reasons." n13 Thus,
the use of managed care in prisons with the intent of cutting costs may constitute an institutional deliberate indifference on the part of the
prisons.
States do not know how to adequately treat prisoners historically and in current day.
Rothfeld, Feb 10
(Michael, Los Angeles Times, Judges indicate they may order prison population reduced by 58,000, 2/10/09,
http://articles.latimes.com/2009/feb/10/local/me-prisons10, accessed July 8, 2009, tch)
Reporting from Sacramento A panel of three federal judges, ruling that overcrowding in state prisons
has deprived inmates of their right to adequate healthcare, indicated they would order the state to
reduce the population in those lockups by as many as 58,000 people. The judges issued the tentative
ruling after a trial in two long-running cases brought by inmates to protest the state of medical and mental
healthcare in the prisons. Although the order is not final, U.S. District Court Judges Thelton Henderson and
Lawrence Karlton and 9th Circuit Court of Appeals Judge Stephen Reinhardt effectively told the state
that it had lost the case and would have to make dramatic changes in its prisons unless it could reach a
settlement with inmates' lawyers. If the state is ordered to reduce the population, it would likely be able to do
so over several years by limiting new admissions and other measures, so that it would not have to release
large numbers of prisoners at once. State prisons right now operate at about double their designed
capacity, and the judges found that with inmates crammed into institutions, they could not receive the
care to which they are entitled. "There is . . . uncontroverted evidence that, because of overcrowding, there
are not enough clinical facilities or resources to accommodate inmates with medical or mental health needs at
the level of care they require," the judges wrote. The state's 33 prisons hold 159,000 inmates, the vast
majority of the 170,000 in the correctional system. The rest are in out-of-state prisons and other facilities.
The judges said they believe the prisons can safely operate at between 101,000 and 122,000, a potential
reduction of 37,000 to 58,000 inmates.
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State prison condition are terrible and dont have the funding or organization to solve
Boston Globe, 2007
(Boston Globe, Patrick aide spurns prison policy change Rejects call to ban solitary confinement for the mentally ill,
Boston Globe, December 12, 2007, JWS)
The Globe reported that 15 inmates have committed suicide in Massachusetts prisons in the past three
years, and a 16th was left brain dead. Nine of these prisoners were being held in isolation. Many of them
suffered from mental illness or drug addiction. Patrick said the money he wanted to spend on state prisons
this year was trimmed by state lawmakers. His spokesman said the governor expects to file legislation
"within a month" that would provide an additional $10 million to $15 million in funds for improvements in
prison facilities. "But I don't think anybody believes that the solution resides in more money alone," the
governor said. "It's better strategies. It's more accountability. I think we have the right leadership at the
[Department of Correction] to help deliver that, and they know I'm watching." When Patrick was heading the
civil rights division of the US Department of Justice during the Clinton administration, he issued sharp
criticism of states that he said failed to implement policies that adhered to "notions of humanity and decency"
when housing mentally ill inmates. In 1996, for example, Patrick threatened Maryland's governor, Parris N.
Glendening, with a lawsuit, in part because of the state's practice of housing mentally ill inmates in solitary
confinement. "Where conditions of segregation greatly exacerbate mental illness, and the period of
segregated confinement is prolonged or indefinite, feasible alternative custodial arrangements should be
explored," Patrick said then in a 13-page letter outlining his concerns about Maryland prisons. As prison
suicides surged, the Massachusetts correction department sought an independent study, which pointed
to prison practices and policies that have exacerbated the problem. Conducted by Lindsay M. Hayes, a
national prison specialist, the study, released earlier this year, made 29 recommendations for change that
were quickly adopted.
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But medical experimentation on prisoners was far from over. Forty years after Dr. Kligman conducted
his dioxin experiments, and thirty years after the implementation of strict federal regulations virtually
banning the use of prisoners in medical experiments, prisoner subjects continue to be used in medical
experiments. For instance, between 2006 and 2008, a drug company called Hythian contracted with
jurisdictions in at least five different states including Indiana, Washington, Texas, Louisiana, and
Georgia to enroll criminal defendants in an experimental drug addiction treatment program. n13 As part of
this program, state judges "divert" drug court participants, who have been found in possession of drugs, into an experimental treatment program [*503]
called Prometa. Hythian runs the Prometa program at a cost of $ 15,000 per participant. The
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need for action was so dire that he might appoint a temporary receiver in just weeks to at least
begin to limit the harm to inmates from the poor medical care before a permanent receiver is put in place. Inmate families
and those who have long fought for change in the prisons were ebullient. "It's certainly everything we asked for," said Donald Specter, head of the Prison
Law Office, the prisoner rights group that filed the suit on which the judge was acting. Henderson said he would begin the process of selecting a receiver
and defining his or her powers in consultation with state officials and the inmates' lawyers. The decision followed weeks of testimony from medical experts
that Henderson described as horrifying in its depiction of barbaric medical conditions in some prisons, resulting in as many as 64 preventable deaths of
inmates a year and injury to countless others. The state's attorneys have never even bothered to fight those characterizations or the need for federal
intervention in spite of their damning reflection on prison managers. "This is humiliating," said James Jacobs, a law professor at New York University and
an expert on court intervention in prison management. "What's extreme here is, it's like the judge is saying to the state, 'I'm totally giving up on you -- you
are unwilling or unable to do this on your own.' " Indeed ,
"It's
also become apparent that the state has no effective management structure to offer health care,"
Henderson said. He added later in his comments from the bench, "My decision to establish a receivership is just a start." What happened A U.S. district
judge found that substandard medical care violated prisoners' rights and has led to unnecessary injuries and deaths in California prisons. He agreed to
appoint an administrator to take over the health care system. What it means The administrator will answer to the court, not the Schwarzenegger
administration, and will have the power to order improvements regardless of how much it costs state taxpayers. What's next Prisoner rights advocates and
prison officials will recommend candidates to take control of health care programs. The judge will have the final say. The judge also may appoint a
temporary receiver until a permanent appointee is named. The numbers 164,000: Approximate number of inmates at 33 state prisons. $1.1 billion: What
state will spend this year on prison health care. 64: The number of inmates who may be dying unnecessarily in state prisons each year because of poor
medical care, according to court-appointed physician Michael Puisis.
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States cant support the prisons and are facing funding cuts
DWC, Drug War Chronicle a website devoted to reporting on drug related causes, 2009
(Prisons Under Pressure, Corrections Budgets in the Age of Austerity, 1/30/09,
http://www.november.org/razorwire/2009-01/Pressure.html, accessed 7/8/09, TAZ
If there are any silver linings in the current economic, fiscal, and budgetary disaster that afflicts the
US, one of them could be that the budget crunch at statehouses around the country means that even
formerly sacrosanct programs are on the chopping block. With drug offenders filling approximately 2025% of prison cells in any given state, prison budgets are now under intense scrutiny, creating
opportunities to advance sentencing, prison, and drug law reform in one fell swoop. Nationwide,
corrections spending ranks fourth in eating up state budget dollars, trailing only health care, education,
and transportation. According to the National Association of State Budget Officers, five states -Connecticut, Delaware, Michigan, Oregon and Vermont -- spend more on prisons they than do on
schools. The US currently spends about $68 billion a year on corrections, mostly at the state level.
Even at a time when people are talking about trillion dollar bail-outs, that's a lot of money. And with
states from California to the Carolinas facing severe budget squeezes, even "law and order" legislators and
executive branch officials are eyeing their expensive state prison systems in an increasingly desperate search
to cut costs. "If we want to talk about a sustainable reduction in the prison population, we need to revisit
who is going and for how long, as well as a critical evaluation of sentencing laws, repealing mandatory
minimums, and expanding parole eligibility." "If you look at the amount of money spent on corrections
in the states, it's an enormous amount," said Lawanda Johnson of the Justice Policy Institute. "If they
could reduce prison spending, that would definitely have an impact on their state budgets. Now, a few states
are starting to look at their jail and prison populations," she said.
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cutting changes across the public safety spectrum, with uncertain ramifications for the public. There is
no dispute that the fiscal crisis is driving the changes, but the potential risks of pursuing such policies is the subject of
growing debate. While some analysts believe the philosophical shift is long overdue, others fear it could undermine public safety. Ryan
King of The Sentencing Project, a group that advocates for alternatives to incarceration, says the financial crisis has created enough
"political cover" to fuel a new look at the realities of incarcerating more than 2 million people and supervising 5 million others on
probation and parole. "It's clear that locking up hundreds of thousands of people does not guarantee public
safety," he says. Joshua Marquis, a past vice president of the National District Attorneys Association, agrees the economy is
prompting an overhaul of justice policy but reaches a very different conclusion about its impact on
public safety. "State after state after state appears to be waiting for the opportunity to wind back some
of the most intelligent sentencing policy we have," Marquis says. "If we do this, we will pay a price. No
question." Among recent state actions: *Kansas officials closed two detention facilities last month to save about $3.5
million. A third will be shuttered by April 1, says Roger Werholtz, chief of the state prison system. Inmates housed in the
closed units will be moved to other facilities in the state. *A California panel of federal judges recommended last month that
the cash-strapped state release up to 57,000 non-violent inmates from the overcrowded system to help save $800 million.
*Kentucky officials last year allowed for the early release of non-violent offenders up to six months before their sentences end to serve
the balance of their time at home. *New Mexico and Colorado are among seven states where some lawmakers are calling for an end to
the death penalty, arguing capital cases have become too costly to prosecute, reports the Death Penalty Information Center, which tracks
death penalty law and supports abolition of the death penalty. "State governments operated on the principle that if you built it, they
would come," King says of prison construction during the economic boom. Since 1990, corrections spending has increased
by an average of 7.5% annually, reports the National Association of State Budget Officers. "As soon as they built
those prisons, they filled them," King says. "They were never able to keep up with it. There is certainly a different
atmosphere now."
Several states are experiencing rapid increases in prisoners. Many states will result with
not enough money in the squo- Vermont proves.
Sears, US Senator, 07
(Senator Richard Sears, Vermont Can't Afford To Keep Locking Up Nonviolent Offenders, July 2007, JoY)
In 10 years, Vermont's incarceration rate has increased 73 percent, compared with 19 percent nationwide.
In those same 10 years, Vermont's violent crime rate has increased by 2 percent and property crime has decreased by 31 percent. A
recent study, released in February by the Pew Charitable Trust, estimates that, "By 2011, without changes in sentencing or
release policies, Alaska, Arizona, Idaho, Montana and Vermont can expect to see one new prisoner for
every three currently in the system."Over the past 10 years, Vermont has seen an increase of about 100 beds per year. On
June 6, 2006, Vermont's in-state prison population was 1,591, and there were 562 out of state, for a total of 2,153. In fact, state spending
on corrections has risen faster than any other area of state government; double-digit increases have been the norm for several years.
Between 2006 and 2008 the budget rose by 16.4 percent, from $110 million in 2006 to nearly $129 million for fiscal year 2008, and if
nothing changes, that trend can be expected for the foreseeable future. To put it another way, a family of four will pay an average of
$800 in state taxes just to support corrections.It may be little consolation, but we are not alone: In 1982 American
taxpayers spent $9 billion for corrections; by 2002 that number had mushroomed to $60 billion. The Pew
Charitable Trust study found that "one in every 32 U.S. adults is currently under some form of correctional supervision" and that "by
2011 one in every 182 U.S. residents will live in prison." I doubt many would argue the need for prison space for
violent offenders, but in Vermont between 40 percent and 45 percent of the males who are incarcerated
are in prison for offenses that the Corrections Department classifies as nonviolent. With females, roughly 70 percent are incarcerated
for nonviolent offenses. That means that on any given day, from 900 to 1,000 offenders are incarcerated for nonviolent offenses.
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Courts dont perceive the contraction of HIV in prison cruel or unusual punishment
courts found in favor of the State
Hudak, Student of Law at the University of Seattle, 2009
(Courtney, It's Not Just Cruel and Unusual Punishment: Why Prisons Should Provide Inmates with Access to
Condoms, 4/15/09, https://courses.law.washington.edu/Myhre/A506g_Sp09/public/
Not_Just_Cruel_and_Unusual_Punishment.pdf, accessed 7/6/09, TAZ)
In Johnson v. U.S. 816 F.Supp. 1519 (N.D.Ala.,1993), an inmate brought suit against the Federal
Bureau of Prisons and prison officials. Johnson argued that the state and its officials inflicted cruel and
unusual punishment when they housed him in the same cell as an HIV positive inmate. When
defendants filed a motion for summary judgment, a magistrate judge found for the Federal Bureau, and
the appellate court affirmed. In their decision, the court stated that to establish an Eighth Amendment
claim, the evidence "must show that the measure taken inflicted unnecessary and wanton pain and
suffering ... or was totally without penological justification." Ort v. White, 813 F.2d 318, 322 (11th
Cir.1987); Rhodes v. Chapman, 452 U.S. 337, 347 (1981). (As quoted in Johnson at 1523.) Inmates are faced
with high burdens of proof when attempting to establish Eight Amendment claims. As a result, other causes
of action should be considered.
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reproduction under these conditions, AIDS has been read as a quintessential sign of all that imperils a
civilized future-in-the-world, an iconic social pathology. In its primal association with non-normative
sexuality, AIDS also lends itself to a language of revelation and retribution, evoking strong emotions
that, at least in the West, suggest barely repressed anxieties about sexual subjectivity and desire at a
time of profound upheaval in gendered relations of power and production (Butler 1997: 27). Also in play in all this is
the uncertain issue of citizenship. Here too AIDS has figured as a standardized nightmare (Wilson 1951). Across the world, as nationstates disengage from
the regulation of processes of production, the political subject is defined less as a patriotic producer, homo faber, than as a consumer of services; the state,
reciprocally, is expected to superintend service-delivery, security, and the conditions of healthy, untrammeled commerce. With the erosion, if not the erasure,
of social categories rooted in nation, territory, and class, identity vests ever more crucially in individual bodies: bodies defined as objects of biological
nature and subjects of commodified desire. Would-be statesmen represent the predicament of contemporary governance as a Herculean battle to balance
minimal government with maximum personal safety and self-realization, their rhetoric focusing centrally on the quality of life, understood in simultaneously
moral and material terms. AIDS embodies, all too literally, core contradictions at issue in such discourse. For some, its onset made plain the dangers of
laissez-faire and a drastic reduction of the reach of the polis the erosion of institutions of public health, for example, in the name of corporate science
(Brazier 1989). But such critical, social reflection, at least in the global North, has been overpowered by another process already noted: a projection of the
dystopic implications of neoliberalism onto the victims themselves. Thus it is that the archetype of the homosexual AIDS sufferer became the specter of a
world driven by desire sans moral commitment. The
hysteria that erupted in the United States with the first awareness
of the epidemic made plain how central is the register of sexual perversion to the neoconservative
imagination (Berlant 1997). This is an imagination that strives to reduce expansive vocabularies of
politics, social debate, and intimacy to a straightjacket of absolute oppositions: nature and
abomination, truth and deception, good and evil.
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Gordon/Lacy/Symonds
A2: Ks
Fighting for queer rights is key to any leftist coalition-exclusion of the plan guarantees the
alternative cant solve
Libretti -associate professor of English and women's studies at Northeastern Illinois
University, 2004
(Tim, Sexual Outlaws and Class Struggle: Rethinking History and Class Consciousness from a Queer Perspective,
155-156, 2004, tch)
Conference in his article, Lemisch recounts reading Bogdan Denitch's remarks in the introduction to the conference program,
where he wrote, "We must learn to effectively confront the splintering politics of identity," and then later hearing Denitch
announce, "We don't care if you are gay; we want to know whether you are a left gay!" (99). These remarks underline that particular
perspective of a left faction that comprehends working-class revolutionary politics as utterly distinct from gay poli- tics and that
imagines the task of gays on the left to be to assimilate into an implicitly heterosexist radical socialist political subjectivity and not
to influence and deepen a revolutionary anticapitalist working-class politics (see also Tucker). Indeed, gay liberationist attempts to
introduce their politics have not only been rebuffed but also erroneously scapegoated for the fragmentation of the left, as scholars
such as Lemisch, Mary Bernstein, and Robin D. G. Kelley have pointed out in discussing the work of Todd Gitlin and others. The
irony, these scholars point out, is that it is precisely this homophobia and general dismissal of identity
politics that have divided the left, as, in Bernstein's analysis, "it is the failure to articulate a shared
vision of social change that included, for example, heterosexual women, gays, and lesbians that
inspired the fragmentation of the left" (533). Moreover, on a theoretical level, this homophobia
results in an impoverished and undialectical understanding of class and class consciousness, as it
precludes the comprehension that classes are composed of peoples of different genders and diverse
races and sexual orientations and that factors such as race, gender, and sexual orientation play a
role in determining people's position in the class structure. As Kelley has argued in his critique of Gitlin, Michael
Tomasky, and others who sim- plistically reject the validity of movements led by African Americans, women, Latinos, gays, and
lesbians, "[T]hey either don't understand or refuse to acknowledge that class is lived through race and gender." And he continues ,
There is no universal class identity, just as there is no universal racial or sexual iden- tity. The
idea that race, gender, and sexuality are particular whereas class is universal not only presumes
that class struggle is some sort of race- and gender-neutral terrain but takes for granted that
movements focused on race, gender, or sexuality necessar- ily undermine class unity and, by
definition, cannot be emancipatory for the whole. (86-87) Kelley's analysis here challenges simple dichotomies
between the so-called Marxist politics espoused by the likes of Gitlin, Denitch, and Tomasky and the identity poli- tics such
writers excoriate, as he underscores that Marxist constructions of the pro- letariat as the agent of revolutionary transformation also
constitute identity politics. Moreover, any construction of the proletariat, of a class identity, implicitly contains a racial, gender, and
sexual politics, just as constructions of sexual, racial, or gender identities necessarily contain a class politics, whether acknowledged
explicitly or 156 College English not. Hence, a more complex Marxism with a deeper, more historical, more dialecti- cal conception
of class and class agency, Kelley suggests, is in order.
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complexity (e.g., inadequate or overly complex labeling, instructions, and forms) that often impedes full
and effective use of services, medical regimens, and preventive care by the less able. Less favorable genes for g
impose constraints on individuals and their helpers, but they certainly do not prevent us from improving lives in crucial ways.
providers, and public health agencies can be cost-effective, accessible, and culturally diverse sources for
services. Community organizations and public agencies assist low-income families in health care through
outreach, social services, and specialized health care services. 39 Planned Parenthood provides
reproductive health services, public schools provide acute nursing care, and Head Start programs facilitate
preventive care.
[*1441] provided to more economically advantaged populations through commercial health insurance. 55
Medicaid beneficiaries' historical (and continuing 56 ) lack of access to health care providers, and lack of
resources with which to supplement insurance benefits in the purchase of services, has driven the program
to support the development of specialized community health clinics through directing grants, mandating
access to the clinics for Medicaid beneficiaries, and requiring enhanced reimbursement levels; 57 to develop
highly structured preventive care programs; 58 and to create substantial links with other social service
systems. 59 Prior to the emergence of managed care, Medicaid evolved into a program intended to go beyond "simply giving eligible
recipients a Medicaid "credit card' and leaving them to find their own way in a fragmented and inadequate health care system." 60
Rather, the special needs of the poor were recognized by assisting them in finding providers willing to
serve them, 61 and by integrating their health care with other social support and service systems. 62
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Preventive care is given by social service providers and health care centers
MLCHC, 2007
(Massachusetts league of community health centers, About community health centers, March 2007
http://www.massleague.org/HealthCenters.htm, July 7 2009, JWS)
Community health centers are receiving increasing attention as a solution for reducing health costs and
ensuring health care quality in Massachusetts and across the nation. Staffed by board-certified physicians,
nurse practitioners, physician assistants, registered nurses, nutritionists, dentists and a range of other of
medical and social service providers, community health centers excel at providing preventive care and
chronic disease management in lower cost community settings. These savings are passed on to the states
Medicaid program and other insurers. For studies on health center quality and cost-effectiveness, please
contact the League.
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