A clinical perspective on General Comment No.3
Dr Nimisha Patel, International Centre for Health and
Human Rights and the University of East London, UK
Dr Nimisha Patel reflected on what constitutes rehabilitation from a clinical perspective. She referred
to the definition given in the General Comment but
also emphasised that, from a practitioner’s view, the
definition goes further. For example, in practice the
outcomes of rehabilitation are far wider than defined
by the General Comment. From a clinical perspective, the outcomes include the individual, family and
community; rehabilitation may rebuild the physical,
psychological, interpersonal and social functioning,
as well as address an existential meaning, i.e. the
victim making sense of their suffering and wanting a
sense of justice.
One important question she underlined is to consider
what changes are needed in the torture victim’s environment to facilitate a full rehabilitation. Again, while
the General Comment defines rehabilitation as services, in practice the services will vary greatly in terms
of the components, activities, availability of professionals and the local needs in each context. Dr Patel
reflected that in its functioning as a form of reparation,
rehabilitation may include any range of measures
(e.g. clinical, social, legal, educational, vocational,
prevention activities, community development, etc.).
There is no single intervention that is guaranteed to
work for everyone in any given context. With this in
mind, the relationship between rehabilitation services and other measures, including compensation,
need to be looked at together.
Rehabilitation is not merely an end point, she said,
but a process of recovery that could draw on different
approaches to rehabilitation: medical, psychological,
empowerment and justice. She proposed defining
rehabilitation as a combination of these various
approaches, involving a range of services, activities
and measures to enable victims to survive the harm
endured. Regarding the reference to “victim-centred
rehabilitation” in the General Comment, she stressed
that victims (survivors) should be able to speak out
and should not be seen as passive in the rehabilitation process. As such, victims’ views are important,
not only when tailoring the rehabilitation programme,
but also when evaluating services, planning and
designing programmes and conducting advocacy and
research. She highlighted the importance of seeing
victims as experts in their own right, many of whom
are willing to be involved in a more active way in
raising awareness of torture rehabilitation.
A key question asked by Dr Patel in her presentation
was, how do we implement “as full rehabilitation
as possible”, and how do we know when services
provided meet the obligations laid out in the General
Comment? Her view was that there is a need to inte-
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International Rehabilitation Council for Torture Victims
grate survivors’ views with clinical experience and
align these to the legal standards. The importance
of building core standards and benchmarks, not just
aspirations, is evident. But what should those standards be? Dr Patel introduced her on-going research on
Victim-Centred Standards for Rehabilitation, in which
she seeks to establish a framework to analyse the
existing rehabilitation provision in a state in order to
facilitate planning, designing and delivery and evaluation of rehabilitation service provision. Her framework adopts six independent and inter-related standards, including appropriateness and safety, both of
which are mentioned in the General Comment framework.
Finally, it is important to locate the victim’s experience in their particular context. Rehabilitation has
to make sense to victims and be meaningful to them.
The General Comment as a legal definition should
be seen not as constraining but as an open-ended,
on-going process. It should pave the way for greater
collaboration between legal and health professionals.
Where does the right to rehabilitation fit in to
the global perspective on health systems?
Public health systems: Holding governments accountable
— establishing standards, measuring implementation
Dr Paul Bolton (Johns Hopkins Bloomberg School of Public
Health, USA)
Dr Paul Bolton spoke about the methods and challenges of establishing standards and measuring implementation in public health systems, with particular
reference to cases where he has worked with torture
victims. Reflecting on the challenges to implementing
standard measures linked to the General Comment
framework, he underlined the importance of allowing
survivors to participate in the process and taking
into account the personality, background and history
of the survivor. Thus, although the basic symptoms
of torture victims may be similar at the global level,
the problems faced by victims will vary from region
to region. The diversity of reactions to torture creates
“”
The theme of the conference was so
relevant to everybody working in the
field of rehabilitation of torture victims,
especially for the people who are willing
to open new rehabilitation centres. Every
presenter had her/his unique experience
that we should all know about.
Raghda Sleit, El Nadeem, Egypt