adequately monitored. The methods used to execute force‑feeding should
not be unnecessarily painful and should be applied with skill and minimum
force. Force‑feeding should infringe the physical integrity of the hunger striker
as little as possible.
Treatment of sexual ofenders in prison
The treatment of patients with paraphilias, irrespective of which method of
treatment is used, has always been undertaken through a minefeld of clin‑
ical and ethical dilemmas. The major ethical issues regarding sex ofenders,
including paraphilias, may refect the need for public safety and even a pro‑
fessional orientation towards punishment rather than treatment, even when
the treatment is appropriate and efective.29
The CPT has addressed the issue in its several reports.30 Its recommendations
could be summarised as follows.
X Measures taken to counter re‑ofending should never be based on efcacy
alone. Narrow focus on lowering re‑ofending rates may pave the way to
serious human rights abuse. Diferent treatment options are available,
based on psychotherapy (including group therapy), pharmacotherapy
(including the use of anti‑androgens) or a combination of the two;
X Before
starting any medical treatment, the free and informed written
consent of the person concerned should be obtained before the start of
pharmacotherapy (including anti‑androgen treatment), allowing for the
consent to be withdrawn at any time. The prisoner in question should be
given a detailed explanation (including in writing) of the purpose and
possible adverse efects of the treatment, as well as the consequences
of refusal to undergo such treatment.
Anti‑androgen treatment should always be based on a thorough individual
psychiatric and medical assessment and such treatment should be on purely
voluntary basis. A comprehensive and detailed procedure should be devel‑
oped, including additional safeguards: inclusion and exclusion criteria for
29. Bowden P., “Treatment: use, abuse and consent”. Criminal Behaviour and Mental Health 1
(1991), 130‑41; Berlin F., “Sex ofender treatment and legislation”. Journal of the American
Academy of Psychiatry and the Law 31 (2003), 510‑13; Ward T., Gannon T. A. and Birgden A.,
“Human rights and the treatment of sex ofenders”. Sex Abuse 19/3 (2007), 195‑204; Elger
B. S., “Research involving prisoners: consensus and controversies in international and
European regulations”. Bioethics 22 (2008), 224‑38.
30. CPT/Inf (2009)8; (2011)20.
Psychiatric care and treatment plans Page 45
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