Ageing prisoners' health care: analysing the legal settings in Europe and the United States.

Details

Serval ID
serval:BIB_4D5CEA3481AD
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Ageing prisoners' health care: analysing the legal settings in Europe and the United States.
Journal
Gerontology
Author(s)
Bretschneider W., Elger B., Wangmo T.
ISSN
1423-0003 (Electronic)
ISSN-L
0304-324X
Publication state
Published
Issued date
2013
Peer-reviewed
Oui
Volume
59
Number
3
Pages
267-275
Language
english
Notes
Publication types: Journal Article Publication Status: ppublish
Abstract
BACKGROUND: Relatively little is known about the current health care situation and the legal rights of ageing prisoners worldwide. To date, only a few studies have investigated their rights to health care. However, elderly prisoners need special attention.
OBJECTIVE: The aim of this article is to critically review the health care situation of older prisoners by analysing the relevant national and international legal frameworks with a particular focus on Switzerland, England and Wales, and the United States (U.S.).
METHODS: Publications on legal frameworks were searched using Web of Science, PubMed, MEDLINE, HeinOnline, and the National Criminal Justice Reference Service. Searches utilizing combinations of keywords relating to ageing prisoners were performed. Relevant reports and policy documents were obtained in order to understand the legal settings in Switzerland, England and Wales, and the U.S. All articles, reports, and policy documents published in English and German between 1774 to June 2012 were included for analysis. Using a comparative approach, an outline was completed to distinguish positive policies in this area. Regulatory approaches were investigated through evaluations of soft laws applicable in Europe and U.S. Supreme Court judgements.
RESULTS: Even though several documents could be interpreted as guaranteeing adequate health care for ageing prisoners, there is no specific regulation that addresses this issue completely. The Vienna International Plan of Action on Ageing contributes the most by providing an in-depth analysis of the health care needs of older persons. Still, critical analysis of retrieved documents reveals the lack of specific legislation regarding the health care for ageing prisoners.
CONCLUSION: No consistent regulation delineates the provision of health care for ageing prisoners. Neither national nor international institutions have enforceable laws that secure the precarious situation of older adults in prisons. To initiate a change, this work presents critical issues that must be addressed to protect the right to health care and well-being of ageing prisoners. Additionally, it is important to design legal structures and guidelines which acknowledge and accommodate the needs of ageing prisoners.
Keywords
Aged, Aging, Delivery of Health Care/legislation & jurisprudence, England, Europe, Female, Health Services Needs and Demand/legislation & jurisprudence, Human Rights/legislation & jurisprudence, Humans, Male, Middle Aged, Patient Rights/legislation & jurisprudence, Prisoners/legislation & jurisprudence, Prisons/legislation & jurisprudence, Switzerland, United States, Wales
Pubmed
Web of science
Create date
08/12/2014 17:30
Last modification date
20/08/2019 14:02
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