Ethical Codes, Cultural Relativism and Confidentiality
socialise with the examinee or his or her
associates, nor shall they accept gifts as
this may raise doubts about the credibility
of the experts and of the medical opinion
provided. Any contact with the legal
representatives of the examinee and other
stakeholders should be assessed on a
case by case basis.
f. Cultural relativism and respect
Beliefs that seem self-evident and
‘natural’ in one culture may be regarded
as strange in another.14 Cultural
differences between the team members
and the alleged torture victim may cause
communication problems and lead to
misunderstandings. It is important not
to fall into the trap of ethnocentrism,
‘viewing other peoples and ways of life in
terms of one’s own cultural assumptions,
customs and values’, although human
rights standards such as the prohibition
of torture are universal. The local partners
should be asked for guidance on ‘do’s’
and ‘don’ts’ prior to the examination.
Each member of the team must receive a
proper briefing on the cultural context,
16
and on the behaviours expected of the
team members during the mission (see
also 4a). Sometimes, particularly when
the examinee belongs to a specific ethnic
group, it may be helpful to consult an
anthropologist or expert in that particular
culture to advise on cultural behaviour,
typical maladies, beliefs, and ways to
express feelings and emotions.
Chapter notes
9. http://www2.ohchr.org/english/about/
publications/docs/8rev1.pdf, page 11
10. http://www.ohchr.org/Documents/Publications/
training7part59en.pdf
11. http://www.dh.gov.uk/en/
Publicationsandstatistics/Publications/
PublicationsPolicyAndGuidance/DH_103643
Reference guide to consent for examination or
treatment, second edition 2009
12. http://www.wma.net/
en/30publications/10policies/l4/index.html
13. http://www2.ohchr.org/english/about/
publications/docs/8rev1.pdf
14. Hardon et al. Applied Health Research:
Anthropology of Health and Healthcare, Het Spinhuis,
revised edition, 1 March, 2005.
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