the patient, including detainees and alleged criminals.
This duty is often expressed through the notion of professional independence, requiring doctors to adhere to best
medical practices despite any pressure that might be
applied. The World Medical Association’s International
Code of Medical Ethics emphasizes doctors’ duty to provide care “in full technical and moral independence, with
compassion and respect for human dignity”. It also
stresses the duty to act only in the patient’s interest and
says that doctors owe their patients complete loyalty. The
World Medical Association’s Tokyo Declaration and Declaration on Physician Independence and Professional
Freedom61 make unambiguously clear that doctors must
insist on being free to act in patients’ interests, regardless
of other considerations, including the instructions of
employers, prison authorities or security forces. The latter
declaration requires doctors to ensure that they “have the
professional independence to represent and defend the
health needs of patients against all who would deny or
restrict needed care for those who are sick or injured”.
Similar principles are prescribed for nurses in the International Council of Nurses Code of Ethics.
obligations expressed in their shared professional values
but also that they implement them in a manner that
reflects the basic duty to avoid harm to their patients.
C.
Principles common to all codes of
health-care ethics
57. The principle of professional independence
requires health professionals always to concentrate on the
core purpose of medicine, which is to alleviate suffering
and distress and avoid harm, despite other pressures. Several other ethical principles are so fundamental that they
are invariably found in all codes and ethical statements.
The most basic are the injunctions to provide compassionate care, do no harm and to respect patients’ rights. These
are central requirements for all health professionals.
1. The duty to provide compassionate care
58. The duty to provide care is expressed in a variety
of ways in national and international codes and declarations. One aspect of this duty is the medical duty to
respond to those in medical need. This is reflected in the
World Medical Association’s International Code of
Medical Ethics,59 which recognizes the moral obligation
of doctors to provide emergency care as a humanitarian
duty. The duty to respond to need and suffering is echoed
in traditional statements in virtually all cultures.
62. Another way in which duty to provide care is
expressed by the World Medical Association is through
its recognition of patient rights. Its Declaration of Lisbon
on the Rights of the Patient62 recognizes that every person
is entitled, without discrimination, to appropriate health
care and reiterates that doctors must always act in a
patient’s best interest. Patients must be guaranteed
autonomy and justice, according to the Declaration, and
both doctors and providers of medical care must uphold
patient’s rights. “Whenever legislation, government
action or any other administration or institution denies
patients these rights, physicians should pursue appropriate means to assure or to restore them.” Individuals are
entitled to appropriate health care, regardless of factors
such as their ethnic origin, political beliefs, nationality,
gender, religion or individual merit. People accused or
convicted of crimes have an equal moral entitlement to
appropriate medical and nursing care. The World Medical
Association’s Declaration of Lisbon emphasizes that the
only acceptable criterion for discriminating between
patients is the relative urgency of their medical need.
59. Underpinning much of modern medical ethics
are the principles established in the earliest statements of
professional values that require doctors to provide care
even at some risk to themselves. For example, the Caraka
Samhita, a Hindu code dating from the first century AD,
instructs doctors to “endeavour for the relief of patients
with all thy heart and soul. Thou shall not desert or injure
thy patient for the sake of thy life or thy living”. Similar
instructions were given in early Islamic codes and the
modern Declaration of Kuwait requires doctors to focus
on the needy, be they “near or far, virtuous or sinner,
friend or enemy”.
60. Western medical values have been dominated by
the influence of the Hippocratic oath and similar pledges,
such as the Prayer of Maimonides. The Hippocratic oath
represents a solemn promise of solidarity with other doctors and a commitment to benefit and care for patients
while avoiding harming them. It also contains a promise
to maintain confidentiality. These four concepts are
reflected in various forms in all modern professional
codes of health-care ethics. The World Medical Association’s Declaration of Geneva60 is a modern restatement of
the Hippocratic values. It is a promise by which doctors
undertake to make the health of their patients their primary consideration and vow to devote themselves to the
service of humanity with conscience and dignity.
2.
Informed consent
63. While the declarations reflecting a duty of care
all emphasize an obligation to act in the best interests of
the individual being examined or treated, this presupposes
that health professionals know what is in the patient’s best
interest. An absolutely fundamental precept of modern
medical ethics is that patients themselves are the best
judge of their own interests. This requires health professionals to give normal precedence to a competent adult
patient’s wishes rather than to the views of any person in
authority about what would be best for that individual.
Where the patient is unconscious or otherwise incapable
of giving valid consent, health professionals must make a
judgement about how that person’s best interests can be
61. Aspects of the duty to care are reflected in many
of the World Medical Association’s declarations, which
make clear that doctors must always do what is best for
61
Adopted by the World Medical Association in 1986.
Adopted by the World Medical Association in 1981; amended by
its General Assembly at its forty-seventh session in September 1995.
59
Adopted in 1949.
60
Adopted in 1948.
62
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