When Healthcare Becomes Harmful: The Hidden Impact of Criminalization

Introduction: When ‘Care’ Contributes to Harm

Healthcare is meant to heal, not harm. Yet, in many cases, medical institutions, public health policies, and research frameworks have played a role in criminalizing vulnerable populations rather than supporting them. From punitive approaches to addiction and mental health to the mistreatment of marginalized communities, the healthcare system has too often been complicit in criminalization rather than a refuge from it.

So how does this happen—and what can be done to stop it? Let’s explore the hidden ways healthcare contributes to criminalization and how we can shift toward justice-driven care.

1. The Criminalization of Substance Use: A Public Health Failure

For decades, individuals struggling with substance use disorders have faced punishment instead of treatment. Many healthcare providers still view addiction as a moral failing rather than a medical condition, leading to policies that:

❌ Deny treatment to people who use drugs
❌ Report pregnant individuals for drug use, resulting in incarceration instead of medical care
❌ Mandate punitive measures (such as forced detox) instead of harm reduction approaches

🔎 The Reality: Studies show that harm reduction strategies—like needle exchange programs and supervised consumption sites—reduce overdoses and disease transmission, yet many are still met with legal barriers and stigma.

💡 The Solution: Medical institutions must embrace evidence-based, harm reduction approaches and advocate for decriminalization of substance use to prioritize health over punishment.

2. Mental Illness & the Cycle of Criminalization

The criminal justice system has become the default response to mental health crises, with jails and prisons holding more individuals with mental illness than psychiatric hospitals. Instead of receiving care, many people face:

❌ Arrest instead of crisis intervention
❌ Mistrust and mistreatment in medical settings
❌ Forced hospitalization instead of community-based care

🔎 The Reality: A 2022 report found that nearly 40% of incarcerated individuals have a diagnosed mental illness, yet few receive proper treatment while incarcerated.

💡 The Solution: Healthcare professionals must advocate for community-based crisis response programs—such as mobile mental health units—that prioritize care over incarceration.

3. The Over-Surveillance of Marginalized Communities in Healthcare

Black, Indigenous, LGBTQ+, and immigrant communities have long faced over-policing in medical settings, leading to mistrust and poorer health outcomes. Examples include:

❌ Black and Indigenous mothers being reported to child protective services at higher rates

🔎 The Reality: Instead of feeling safe, many marginalized people fear healthcare institutions, viewing them as gateways to legal punishment rather than sources of healing.

💡 The Solution: Public health institutions must actively dismantle discriminatory policies and rebuild trust by centering community voices and adopting anti-racist, inclusive care models.

Conclusion: Moving From Harm to Healing

The intersection of healthcare and criminalization is not just a policy issue—it’s a human rights issue. If healthcare providers and institutions fail to challenge these harmful systems, they become part of the problem.

We believe in transforming healthcare into a space of true healing and advocacy. It’s time to:

✔️ Decriminalize substance use and mental illness
✔️ Build crisis response teams that focus on care, not incarceration
✔️ End discrimination in healthcare
✔️ Advocate for policies that prioritize healing over punishment

💬 What steps do you think healthcare providers can take to fight criminalization?