ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
principle of avoiding harm must feature prominently in consideration of such dilemmas. Health
professionals should seek solutions that promote justice without breaching the individual’s right
to confidentiality. Advice should be sought from reliable agencies; in some cases this may be
the national medical association or non-governmental agencies. Alternatively, with supportive
encouragement, some reluctant patients may agree to disclosure within agreed parameters’.
The health-care professional may, therefore, assist the prisoner with identifying other routes to
report the allegations of torture or other ill-treatment such as detention staff, forensic medical
specialists, inspectors and monitors. Rule 7(2) of the Bangkok Rules also provides that ‘[w]hether
or not the woman chooses to take legal action, prison authorities shall endeavor to ensure that she
has immediate access to specialized psychological support and counselling’.
The experts considered that more detailed discussion and guidance is needed on how to deal with
the situation of dual loyalty identified in the Istanbul Protocol and how to maintain confidentiality
and informed consent while bearing in mind the do no harm principle.
à
S
ee Chapter 2, Prison management – Inspections and external monitoring/ objectives for
internal and external inspection
à
S
ee Chapter 6, Incident management – investigations
Penal Reform International and the Essex Human Rights Centre
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