Volume 214 - Issue 8
Queensland’s new Human Rights Act and the right to access health services
Authors: Claire E Brolan, Erin Cameron and Grazia Catalano
Med J Aust 2021; 214 (8): 387-387.e1. || doi: 10.5694/mja2.51015
Published online: 3 May 2021
Published online: 3 May 2021
In reply
In reply: Levy and Mogg are concerned Queensland prisoners’ and their health advocates may be unable to leverage Queensland’s new Human Rights Act 2019 to improve prisoners’ rights to access hepatitis C treatment and opiate replacement therapy programs.
Section 37(1) of the Act proscribes everyone in Queensland has the right to access health services without discrimination. However, section 126 of the Act states corrections officers can lawfully limit a prisoner’s rights for “the security and good management of corrective services facilities [or] the safe custody and welfare of all prisoners,” including health care access rights.1 If a corrections officer’s decision was to be later questioned, then under the Act they will need to explain how that decision was reasonable, necessary and proportionate to the health risk.2 Here, tension can arise: a corrections officer’s assessment of health risk might substantially differ from the assessment by a prison health specialist.3
With the Act commencing in January 2020, whether, or the extent to which, section 126 is sighted to limit prisoners’ section 37 rights remains to be seen. Queensland Corrective Services and Queensland Health’s joint commitment to upholding this right is welcome.4 The Queensland’s Office for Prisoner Health and Wellbeing is encouraged to work with all stakeholders to monitor decision‐making procedures that affect the realisation of section 37. The United Nations Special Rapporteur on the Right to Health’s report on upholding health rights in confinement is an important guide.5
Competing interests
No relevant disclosures.
References
- Human Rights Act 2019 (Qld). https://www.legislation.qld.gov.au/view/pdf/asmade/act-2019-005 (viewed Nov 2020).
- Human Rights Bill 2018. Explanatory notes. https://www.legislation.qld.gov.au/view/pdf/bill.first.exp/bill-2018-076 (viewed Nov 2020).
- White KLA, Jordens CC, Kerridge I. Contextualising professional ethics: the impact of the prison context on the practices and norms of health care practitioners. J Bioethical Inq 2014; 11: 333–345.
- Queensland Government. Memorandum of understanding (Prisoner Health Services). https://clinicalexcellence.qld.gov.au/sites/default/files/docs/priority-area/service-improvement/offender-health-project/prisoner-health-service-mou.pdf (viewed Nov 2020).
- United Nations Human Rights, Office of the High Commissioner for Human Rights. Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Note by the Secretariat [A/HRC/38/36]. UN, 2018. https://www.ohchr.org/EN/Issues/Health/Pages/deprivationofliberty.aspx (viewed Nov 2020).
Linked content
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MJA Perspective: Queensland's new Human Rights Act and the right to access health services
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MJA Letter: Queensland’s new Human Rights Act and the right to access health services