HIV Migrants Detained and Denied
posted: 14/03/2011
UPDATED 4 April 2011
In their new report Detained and Denied: The clinical care of immigration detainees living with HIV, the charity Medical Justice produce evidence showing that their experience is that most HIV+ immigration detainees are denied HIV medication and care.
This study is the first ever comprehensive analysis of the UK's treatment of 35 HIV+ immigration detainees who were supported by Medical Justice. Eight independent expert clinicians assessed the detainees's health and needs, and there are also legal documents and testimonies from detainees.
Is HIV detention illegal? - Appeal Court will decide
The evidence in this report will be heard in the Court of Appeal in April when three HIV-positive migrants seek to have their detention ruled unlawful because of the centres' failure to treat them properly.
The key findings in Detained and Denied are :
- The British government treats HIV+ detainees’ health beneath contempt : 60% had breaks in their HIV treatment due to their detention, and many developed drug resistance. 77% were deported with little or no medication.
- The government may well have shortened detainees’ lives and prematurely orphaned children
- The process of detaining people who are HIV+ inherently puts them at risk
- The denial of medication has in some cases meant that detainees developed drug resistance, necessitating more complex drug combinations, which are rarely available in many countries
- The government is willing to deport people who may die within a few years as a consequence of that drug resistance.
Chronic Indifference is a similar study, about the experience of HIV+ migrants who were detained and denied in the USA.
NAT (National AIDS Trust) points out that the Government has a special duty of care to people it detains. All detainees and prisioners are entitled to the same level of healthcare as is available to everyone else, particularly for a serious life-threatening condition like HIV.
Instead the report shows people with HIV are continuing to face unacceptable neglect. NAT worked with the British HIV Association (BHIVA - the professional association for HIV clinicians) to produce best practice advice on HIV treatment at Immigration Removal Centres precisely to prevent these problems. It is a disgrace that the advice is being ignored in so many cases.
Deborah Jack, Chief Executive of NAT (National AIDS Trust), said:
'NAT welcomes the important report from Medical Justice, 'Detained and Denied', on the treatment of people with HIV in immigration detention, and deplores the continuing failures in care. The NAT/BHIVA best practice advice is there to assist those responsible to provide equivalent high quality care to that available in the community - not to do so is inexcusable.
‘NAT has asked the UK Border Agency to work with us on a 12-month audit of every person with HIV who goes through the immigration detention process, to assess the quality of their care. We are still waiting for a response. The Medical Justice report underlines how urgent it is for such an audit to take place and concerted action to be implemented to address problems identified. We urge the Government to agree to the HIV audit as soon as possible.'
NAT call on the Government:
- To investigate the breaches of care outlined in the Medical Justice report 'Detained and Denied’
- In particular, to investigate the failures at Yarl's Wood and in advance of this and any resulting action, to immediately stop using Yrarl's Wood for detaining anyone with HIV
- To commission centrally healthcare in Immigration Removal Centres through the planned NHS Commissioning Board
- To agree to a 12-month collaborative audit with NAT of all those with HIV detained at any Immigration Removal Centre
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