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A practical guide to the Istanbul Protocol – for psychologists
and adopt a supportive, non-judgmental approach. It is not appropriate to observe the
strict “clinical neutrality”. Clinicians need
to be sensitive and empathic in their questioning while remaining objective in their
clinical assessment.
(See § 162, § 262 and �� 263 in the Istanbul Protocol.)
2. ‘RISK OF RE-TRAUMATIZATION’ VERSUS ‘NECESSITY OF
OBTAINING SUFFICIENT AND
APPROPRIATE INFORMATION’
“Several basic rules must be respected (see
chapter III, section C.2 (g)). Information is
certainly important, but the person being
interviewed is even more so, and listening is
more important than asking questions[...]”
(Istanbul Protocol, § 135).
Physical and psychological examinations
by their very nature may re-traumatize the
patient by provoking and/or exacerbating
psychological distress and symptoms by
eliciting painful affect and memories. The
interview must be structured so as to minimize the risk of re-traumatizing the torture
survivor. The clinician needs to balance two
important requirements which should be
complementary, but may sometimes conflict:
the need to obtain a useful account, and the
importance of respecting the needs of the
person being interviewed (Giffard, 2000).
The primary goal of documenting allegations of torture is to create an accurate, reliable, precise and detailed record of events
by taking into account the personal situation and the psychological condition of the
individual (Giffard, 2000; Wenzel, 2002).
Interviewers should show sensitivity in their
questioning and watch out for signs of tiredness or distress (Giffard, 2000). A subjective
assessment has to be made by the clinician
about whether and to what extent pressing
for details is necessary for the effectiveness
of the report in court, especially if the interviewee demonstrates obvious signs of distress.
(See § 135, § 149 and § 264 in the Istanbul Protocol.)
3. DILEMMAS ARISING FROM
DUAL OBLIGATIONS
Dilemmas may occur when ethics and law
are in contradiction. Circumstances can
arise where their ethical duties oblige health
professionals not to obey a particular law,
such as a legal obligation to reveal confidential medical information about a patient.
There is consensus in international and national declarations of ethical precepts that
other imperatives, including the law, cannot
oblige health professionals to act contrary
to medical ethics and to their conscience.
In such cases, health professionals must decline to comply with the law or a regulation
rather than compromise basic ethical precepts. Whatever the circumstances of their
employment, all health professionals owe a
fundamental duty to care for the people they
are asked to examine or treat. They cannot
be obliged by contractual or other considerations to compromise their professional independence. They must make an unbiased
assessment of the patient’s health interests
and act accordingly.
(See § 66 and § 68 in the Istanbul Protocol.)
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