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Prison and Health Protection: An Unsustainable Oxymoron at the Time of the COVID-19 Pandemic Emergency?
Abstract
Penitentiaries, since they are closed places and also extremely crowded, suffered a high risk of coronavirus infections. This chapter per the authors will analyze the policies adopted during the pandemic to face this health emergency. The right to health and the need for security involves a subtle balance between the right to health of the prisoner and the right-duty of the State to enforce the sentence. When a hard line prevailed, aimed at suspending any benefit ad libitum, determining, as it happened at the end of the first wave of the pandemic, it can cause strong repercussions on the rights of prisoners. The legislation on measures to cope with the epidemiological emergency from Covid-19 in prison seemed at times contradictory and insufficient to address the emergency situation of prisoners.
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