The law, human rights, and the detention of individuals with tuberculosis in England and Wales

Background Tuberculosis poses a global public health threat, and individuals who fail to comply with treatment risk developing drug-resistant, strains, which are a serious public health concern. A number of individuals who have been deemed to pose a 'serious risk of infection' to others have been detained in recent years in England and Wales under the Public Health Act 1984. With the incorporation of the European Convention on Human Rights (ECHR) into British law due to take effect shortly this paper examines the justness of Sections 37 and 38 of the Act, and asks whether the Act stands up to scrutiny under the ECHR. Methods A critical review, including an examination of recently opened relevant files at the Public Record Office, was carried out on Sections 37 and 38 of the Public Health Act 1984. Results Sections 37 and 38 of the Public Health Act 1984 fail to provide sufficient safeguards from abuse and fall short of the requirements of the ECHR. Conclusions Sections 37 and 38 should be replaced. Greater safeguards to protect the rights of those with infectious diseases are needed.