33
c.
Patient's consent and confidentiality
45.
Freedom of consent and respect for confidentiality are fundamental rights of the
individual. They are also essential to the atmosphere of trust which is a necessary part of the
doctor/patient relationship, especially in prisons, where a prisoner cannot freely choose his own
doctor.
i) patient's consent
46.
Patients should be provided with all relevant information (if necessary in the form of a
medical report) concerning their condition, the course of their treatment and the medication
prescribed for them. Preferably, patients should have the right to consult the contents of their
prison medical files, unless this is inadvisable from a therapeutic standpoint.
They should be able to ask for this information to be communicated to their families
and lawyers or to an outside doctor.
47.
Every patient capable of discernment is free to refuse treatment or any other medical
intervention. Any derogation from this fundamental principle should be based upon law and only
relate to clearly and strictly defined exceptional circumstances which are applicable to the
population as a whole.
A classically difficult situation arises when the patient's decision conflicts with the
general duty of care incumbent on the doctor. This might happen when the patient is influenced
by personal beliefs (eg. refusal of a blood transfusion) or when he is intent on using his body, or
even mutilating himself, in order to press his demands, protest against an authority or
demonstrate his support for a cause.
In the event of a hunger strike, public authorities or professional organisations in some
countries will require the doctor to intervene to prevent death as soon as the patient's
consciousness becomes seriously impaired. In other countries, the rule is to leave clinical
decisions to the doctor in charge, after he has sought advice and weighed up all the relevant
facts.
48.
As regards the issue of medical research with prisoners, it is clear that a very cautious
approach must be followed, given the risk of prisoners' agreement to participate being influenced
by their penal situation. Safeguards should exist to ensure that any prisoner concerned has given
his free and informed consent.
The rules applied should be those prevailing in the community, with the intervention
of a board of ethics. The CPT would add that it favours research concerning custodial pathology
or epidemiology or other aspects specific to the condition of prisoners.
49.
The involvement of prisoners in the teaching programmes of students should require
the prisoners' consent.
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