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29 How. J. Crim. Just. 1 (1990)

handle is hein.journals/hjcj29 and id is 1 raw text is: The Howard Journal Vol 29 No 1. Feb 1990 ISSN 0265-5527 HIV/AIDS in Prisons PHILIP A. THOMAS Senior Lecturer in Law, Cardiff Law School, University of Wales Abstract: Defining a problem is in itself Problematic. Appropriate responses to the perceived problem involve the recognition of its nature and scope. 'Official' Home Office data and ministerial statements indicate that drug abuse and unprotected anal intercourse are not considered to be major problems in the prisons of England and Wales. 'Unofficial' information regarding these high risk activities leads to a contrary conclusion. Lack of adequate 'official' information suppresses the required recognition of and response to HIV/AIDS and thereby places prisoners at greater risk of infection. HIV and AIDS make clear, as few medical problems can, the complex interrelationship between political, social, cultural, economic and bio- logical forces. They are not simply a physical condition and opportunistic illnesses concerning the individual and the doctor which, in turn, place certain demands upon the state. They open a Pandora's box of prejudice, homophobia, racism and xenophobia. We are brought up starkly against our own mortality. Our understanding of sexuality, fidelity and morality is challenged. Illnesses associated with ageing have been joined by a problem which to date is found predominantly amongst the young and vibrant. Our increasingly science-orientated society faces a virus which defies modern medicine. The foundations of many beliefs are being shaken. Prevailing attitudes shape our responses to HIV/AIDS as the struggle continues to halt the transference of the virus. For example, the homophobia which lies deep within Western society enjoys a new licence for expression thereby inhibiting control processes. Gays, blacks, pros- titutes and drug abusers have been labelled incorrectly as group-sources of infection. Many people still fail to distinguish between unsafe practices and identifiable groups which presently display a relatively high incidence of infection or illness. Others have argued (Shilts 1988; Carter and Watney 1989) that it will not be recognised as a serious 'problem' whilst it is contained within minority groups and in particular the gay community. By analogy, the prison population produces similar disinterest for so long as the problem is perceived to be restricted to the prison. This paper is about the recognition of 'problems' and in particular the problem of HIV/AIDS within prisons in England and Wales. Before a problem can be treated it must be recognised and evaluated. For example, a surgeon should not take out an appendix simply because it is there but because, through clinical diagnosis, it has been identified as problematic. Without adequate evidence problems are, or may be, classified as 1

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