For debate. The law, human rights, and the detention of individuals with tuberculosis in England and Wales

Tuberculosis poses a global public health threat, and individuals who fail to comply with treatment risk developing drug-resistant strains, which are a serious public health concern. A number of individuals who have been deemed to pose a 'serious risk of infection' to others have been detained in recent years in England and Wales under the Public Health Act 1984. With the incorporation of the European Convention on Human Rights (ECHR) into British law due to take effect shortly this paper examines the justness of Sections 37 and 38 of the Act, and asks whether the Act stands up to scrutiny under the ECHR.