Transaction Search Form: please type in any of the fields below.
Date: April 30, 2024 Tue
Time: 1:04 am
Time: 1:04 am
Results for humane treatment
1 results foundAuthor: University of Texas School of Law. Human Rights Clinic Title: Deadly Heat in Texas Prisons Summary: The Texas Department of Criminal Justice (TDCJ) is currently violating the human and constitutional rights of inmates in Texas by exposing them to dangerously high temperatures and extreme heat conditions. Extreme heat in TDCJ-run correctional facilities has long caused heat-related injuries and deaths of inmates during the hot Texas summers. Since 2007, at least fourteen inmates incarcerated in various TDCJ facilities across the state of Texas have died from extreme heat exposure while imprisoned. Many of these inmates had preexisting health conditions or were taking medications that rendered them heat-sensitive, yet properly cooled living areas were not provided to them by the TDCJ. These fourteen victims, along with other TDCJ prisoners and even TDCJ personnel, were and continue to be exposed to dangerously high heat levels on a regular basis. This practice violates individuals' human rights, particularly the rights to health, life, physical integrity, and dignity. In spite of repeated, serious, and egregious incidents, the TDCJ has yet to implement measures that effectively mitigate heat-related injury in inmate housing. While the TDCJ has installed fans and allowed for ventilation in inmate living areas, the Centers for Disease Control (CDC) has proven these measures to be ineffective in preventing heat-related injuries in very hot and humid conditions, such as those present in TDCJ facilities. Despite these findings, TDCJ facilities largely do not provide air conditioning to the living areas of the general inmate population, many of whom are serving time for non-violent offenses. At the same time, the TDCJ has spent money on air conditioning for its warden offices and for its armories. Additionally, the TDCJ has not promulgated any maximum temperature policies for inmate housing, even though the Texas Commission on Jail Standards and numerous other state departments of corrections across the country have done so. As a result, TDCJ inmates continue to suffer through Texas summers, and are forced to risk heatstroke and other heat-related injuries while incarcerated with the TDCJ. This Report, prepared by the Human Rights Clinic of the University of Texas School of Law, concludes that current conditions in TDCJ facilities constitute a violation of Texas's duty to guarantee the rights to health, life, physical integrity, and dignity of detainees, as well as its duty to prevent inhuman or degrading treatment of its inmates. These duties have been affirmed by countless human rights bodies and instruments such as the United Nations Human Rights Committee, the Universal Declaration of Human Rights, the Inter-American Commission on Human Rights, and the American Declaration on the Rights and Duties of Man, to mention just a few. Many international human rights decisions have found that extreme heat similar to situations in Texas contributes to a finding of inhuman or degrading prison conditions. The TDCJ's continued incarceration of inmates in extreme heat conditions violates its duties to inmates, and constitutes inhumane treatment of such prisoners in violation of international human rights standards. The Human Rights Clinic concludes that current extreme heat conditions in TDCJ facilities also violate inmates' constitutional right to be free from cruel and unusual punishment. The United States Court of Appeals for the Fifth Circuit has recognized time and again that extreme heat in prisons can constitute a violation of inmates' Eighth Amendment rights. In a 2012 case, a 63 year old Texas prisoner presented with a preexisting blood pressure condition, and was taking medication that would affect his body's ability to regulate temperature. The court decided that a reasonable jury could conclude that a failure to provide air conditioning, among other things, to an individual with these conditions was a violation of the prisoner's constitutional rights. Most recently, the Middle District of Louisiana issued a decision in 2013 condemning the extreme heat conditions in a Louisiana prison facility similar to those conditions present in TDCJ facilities as a violation of the Constitution. There is therefore clear and recent precedent for denouncing the hot conditions in TDCJ facilities as violating the guarantees and rights of inmates under the Eighth Amendment. Details: Austin, TX: University of Texas School of Law, Human Rights Clinic, 2014. 40p. Source: Internet Resource: Accessed May 17, 2014 at: http://www.utexas.edu/law/clinics/humanrights/docs/HRC_EH_Report_4-7-14_FINAL.pdf Year: 2014 Country: United States URL: http://www.utexas.edu/law/clinics/humanrights/docs/HRC_EH_Report_4-7-14_FINAL.pdf Shelf Number: 132378 Keywords: Health CareHuman Rights ViolationsHumane TreatmentInmatesPrison ConditionsPrisoner HealthPrisoners (Texas)Prisoners Rights |