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- Title
Positive Law: Providing Adequate Medical Care for HIV-Positive Immigration Detainees.
- Authors
Gillespie, Noah Nehemiah
- Abstract
Despite recent improvements, the level of medical care that U.S. Immigration and Customs Enforcement ("ICE") provides to detainees in its custody remains poor. This lack of effective care has a particularly harsh impact on HIV-positive detainees, who must have consistent access to antiretroviral medications and other basic treatments to stem the progression of that disease. This Note argues that although the United States has obligated itself under the United Nations Convention Against Torture to provide minimally adequate medical care and to guarantee an adequate remedy for any failure to provide such care, no effective remedy is yet available under United States law. This Note proposes a federal statute that accomplishes two goals. First, the statute would require ICE to implement binding regulations that will guarantee essential treatment to HIV-positive detainees. Second, the statute would provide a private right of action to detainees against those ICE agents who fail to conform to these regulations.
- Subjects
U.S. Immigration &; Customs Enforcement; HIV-positive persons; ANTIRETROVIRAL agents; UNITED Nations; DETENTION of persons; HEALTH services accessibility
- Publication
George Washington Law Review Arguendo, 2013, Vol 81, Issue 4, p1329
- ISSN
0016-8076
- Publication type
Article