Human Rights

Human Rights

• Violation of human rights and basic constitutional rights
• Privacy violations
• Lack of adequate avenues for redress

Human rights violations resulting from privatization are most apparent in the prison industry. In an effort to reduce costs and increase profits, private prison companies have resorted to providing inmates with inadequate food and nutrition and substandard medical care. In Delaware prisons and elsewhere, inmates have died from causes that could have easily been prevented with adequate care. Furthermore, reports of private prison guard brutality against inmates have raised concern regarding the ability of private companies to operate in an environment where human rights can be easily violated.

Privacy is another important human right that can be easily compromised following privatization. This is a common concern with information technology privatization, where private companies are tasked with projects that require proper handling of sensitive personal information. In 2008, IBM lost hundreds of the Texas Attorney General's confidential records that contained Medicaid fraud data and other sensitive information. Compliance audits of companies that administer state Medicaid and Children’s Health Insurance Programs (CHIP) have revealed that the required disposal of clients’ personal health information isn’t always performed in a timely manner.

As governments contract out more functions that involve critical information, safeguards must be included in the contracts that protect personal data and require companies to follow all laws and policies regarding sensitive information.

Related Cases

Delaware Prison Medical Care

In 2005, the Delaware Department of Correction signed a contract with the company Correctional Medical Services (CMS) to provide medical services to inmates in state prisons.  The promise of cost savings quickly evaporated, and the state was left with low quality healthcare for inmates.  Inmate health deteriorated under the new contractor and several deaths resulted from lack of adequate medical care.   The contractor's performance has forced the state to spend extra time and money associated with litigation arising from the substandard care.

 

Bulletins

Lock 'em up for profit: Private prisons push overzealous immigration laws and incarceration

November 2010

The corporate genesis of Arizona's divisive new immigration law, brought to light by a recent NPR investigation, dramatically demonstrates that privatizing public functions can undermine the public's best interests.

Private prison faulted for violent escape

August 2010

A lethal prison break in Arizona has added tragically to the costs and consequences states must consider when weighing prison privatization. In August, a state report blamed the poor security, faulty alarms, and general complacency at a for-profit prison in Kingman for the escape of three convicted killers. Two of the escapees are accused of murdering an Oklahoma couple during the escape.

Private foster care: Child welfare versus profit

April 2010

Nebraska's recently privatized child welfare system was in disarray in April, when two contracted companies dropped out because they found the work unprofitable.