Human Rights of HIV/AIDS Patients with Special Reference to the Prisoners in Bangladesh

Abstract

Human rights are inherent in our nature and without these, the concept of society is meaningless. These rights and issues, irrespective of civil, political, social, economic or cultural matter are inter-dependable as well as inter-linked. The absence of human rights in any society is basically a denial of human dignity. Protection of human rights among many others depends on an effective criminal justice system. Criminal justice is based on different stages of the court proceedings, functions of police and prosecutions such as filing of a case, arrest, investigation, framing of charge, trial, conviction or acquittal etc. The criminal law of every country defines certain acts, as crime and provides sanctions against individuals who are held responsible for the commission of such acts. An individual who is charged with the commission of a crime is regarded as an accused. Accused who are arrested and proceeded against for criminal trial are treated as prisoners. The right to defense enables the accused to defend himself/herself against the charges brought against him/her by using all the facilities given by law. The efforts for the protection of the rights of public in general and of the prisoners in particular have been addressed in many international human rights instruments. However, problems like delay in trials due to paucity of courts or judges and unhygienic environment in the jail caused by over-crowding of prisoners need to be examined for the protection of the rights of the prisoners. Protection of the rights and interests of the prisoners as well as their psychological and economic assistance is vitally important for the fair implementation of criminal laws and also for gaining public confidence in criminal justice system. Therefore, this study will seek to explore those particular factors that impair the criminal justice system and hinder the rights of the prisoners, which will probably be essentially important for the protection of the rights of the prisoners. As prisoners are entitled to enjoy human rights by dint of international and national laws, ensuring these rights is essential to understand how far the purpose of imprisonment is achieved. Though many have tried to evaluate the human rights of the prisoners, none has tried to show the situation with another vulnerable and sensitive group who are prisoners and also HIV patients and who need extra care. The jail being a breeding place of HIV, it is extremely necessary to ascertain human rights of the HIV patients as well as the vulnerable prisoners by analyzing the overall human right situation in prisons since they are meant to integrate with the society. The quest for human rights has become a fundamental aim of the modern states. The twenty first century has witnessed the efforts of international community to develop national, regional and international measures for the protection and promotion of human rights of the HIV/AIDS patients. This study seeks to correlate internationally and nationally protected human rights, which are applicable in the criminal proceedings. The prison system in Bangladesh has been set forth in detail and a comparison with the provisions of the UDHR and the ICCPR are being dealt with in this study. The purpose of this study is to show and examine the legal and social position of the HIV/AIDS patient prisoners and recognition of their rights within the purview of international as well as national law of Bangladesh. The study has also reflected on human rights situation with regard to the prisoners in Bangladesh.