23
Selected topics from 2015
The role of health personnel
in treating people who are
deprived of their liberty
The treatment of people who are
deprived of their liberty can create
particular challenges for doctors
and other health personnel. This
article discusses medical ethics,
dual loyalty and the vulnerable
doctor-patient relationship during
deprivation of liberty.
People who are deprived of their liberty have the same
rights to physical and mental health care as the rest
of the population. In some cases, however, they may
have special health care needs. The deprivation of
liberty in itself and the health services provided can
represent risk factors for ill-treatment. In order to
ensure a good health care basis for the NPM’s work,
the interdisciplinary visiting team includes a doctor,
and, from 2016, a psychologist. Every visit report
includes a section on health care, with findings and
recommendations aimed at both the health authorities and the detaining authority. Reports from visits
to mental health care institutions also look at what
effect it has on the conditions for those deprived of
their liberty that the detaining authority is also the
health authority.
Medical ethics
Ethical rules for doctors derive from the Hippocratic
Oath, and are incorporated in Norwegian legislation
and international human rights conventions. These
ethical principles are based on the idea that a doctor
primarily has a responsibility to his/her patients (from
the Hippocratic Oath), but also to the general welfare
of society, to other health personnel and to him/her
self. Medical ethics are based on values such as autonomy (the patient has the right to choose or refuse
treatment), beneficence (the doctor should have the
patient’s best interests in mind), non-maleficence
(based on the principle ’first, do not harm’) and justice
(fairness and equal treatment in the allocation of
limited resources).
" The deprivation of liberty
in itself and the health services
provided can represent risk
factors for ill-treatment "
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