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Safety of Convicts and Correctional Staff in Pandemic
Author(s) -
Olena Haltsova
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.2.2020.70
Subject(s) - conviction , pandemic , criminology , medicine , law , political science , psychology , covid-19 , infectious disease (medical specialty) , disease , pathology
The Author studies safety of convicts and staff during conviction. It is emphasized that infectious or viral diseases of pandemicnature are among potential threats which endanger life and health of convicts and correctional staff. The article notes that convicts andcorrectional staff are the most vulnerable to infectious or viral diseases of pandemic nature. It is related to the fact that correctionalfacilities (CF) are the locations where people are most congregated while many of them have number of concomitant diseases like seriousinfection, incurable illness, TB, hepatitis, HIV, etc.It is emphasised that the state’s primary task is not only ensure but also develop sound measures to protect the above individualsin practice. The article notes that the implementation of these measures will be more efficient if the components of the term of “safety”are clearly defined. This will allow to define comprehensive measures required to save as many human lives as possible and ensuregood health as human life and health are the highest priorities for the society and state. The article provides analysis of the definitionof the term of “safety” and its components. The conclusion goes that in order to ensure safety of convicts and correctional staff the statemust take all required measures to protect life and health of the above from any source of danger during conviction.The article acknowledges that proper living conditions in Ukraine are still not ensured, the minimum essential sanitary standardsin CF are inadequate, despite of a number of laws designed to improve conviction conditions have been passed. It is noted that it’s theresponsibility of the government to protect life and health of the convicts and correctional staff, however due to various factors not allmeasures are efficient enough to successfully prevent COVID-19. Multiple convict and staff safety violations are found in CF during the pandemic in Ukraine. The article includes recommendationsof international organisations including WHO, recommendations of the CE Commissioner for Human Rights, High UN Commissionerfor Human Rights, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment on all requiredmeasures to ensure to life and health of convicts and correctional staff.The Author provides the following recommendations on resolving the problem of safety of convicts and correctional staff:amnesty; adequate social, economic, organisational and legal measures; sufficient funding of CF’s; amending of penal correction le -gislation aimed at its improvement.

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