Living with HIV/AIDS in Prison: Segregation and Othering Endorsed by the ECtHR in Dikaiou v Greece

By Vandita Khanna and Natasa Mavronicola

In Dikaiou and Others v Greece, the First Section of the European Court of Human Rights (ECtHR) was called upon to determine, inter alia, whether the separate detention of six female prisoners living with HIV/AIDS amounted to ‘ghettoisation and stigmatisation’ in violation of the prohibition of discrimination (Article 14 ECHR) taken together with the right not to be subjected to torture or inhuman or degrading treatment or punishment (Article 3 ECHR). The ECtHR held that Greece had not violated Articles 3 and 14 ECHR. In this short piece, focusing on the question of segregated detention, we consider how the Court’s reasoning obscures, legitimises, and helps perpetuate the stigmatisation of prisoners living with HIV/AIDS, while failing to recognise the dignity-harm of segregated detention. We argue that the Court’s amplification of the ‘othering’ of an already vulnerable group fundamentally contradicts the core values of Article 3 and Article 14 ECHR.

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