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  • 6 - Tolerating the Harms of Detention, With and Without COVID-19

  • from Part II - COVID-19, Disparities, and Vulnerable Populations
  • Edited by I. Glenn Cohen, Harvard Law School, Massachusetts, Abbe R. Gluck, Yale University, Connecticut, Katherine Kraschel, Yale University, Connecticut, Carmel Shachar, Harvard Law School, Massachusetts
  • Book:
    COVID-19 and the Law
    Published online:
    27 October 2023
    Print publication:
    09 November 2023, pp 91-104
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  • Summary

    This chapter analyzes how the experiences of COVID-19 for people in detention illuminate both the achievements and the limits of the previous decades. Health care became inscribed as a constitutional right of detainees and prisoners, yet its implementation remained elusive. COVID-19 underscored the total dependence of detained people on the governments that confine them and made vivid the health care failures endemic before COVID-19 and the degree of connection between prisons and the communities in which they sit. The divisive debates about regulation, government obligations, and the need for joint venturing to reduce the risk of disease have shaped the responses to COVID-19, in and outside the prison gates.