3
Ethical Codes, Cultural
Relativism and Confidentiality
a. Ethical codes
According to the Istanbul Protocol, ‘All
professions work within ethical codes,
which provide a statement of the shared
values and acknowledged duties and
set moral standards with which they
are expected to comply’9. Members of
the team should adhere to the relevant
ethical codes as described in the Istanbul
Protocol paragraphs 47 -72. The codes
should be specified in the contractual
agreement for the mission delegates
(Annex 3). Codes include
•
United Nations statements relevant for
health professionals
•
Statements from international
professional bodies, such as the World
Medical Association (WMA), the World
Psychiatric Association (WPA) and the
International Council of Nurses (ICN)
•
National codes of medical ethics.
Furthermore, team members should be
aware of and respect the basic principles
of monitoring as described in the United
Nations (UN) Training Manual on Human
Rights Monitoring10 (see CD-ROM).
b. Do no harm
The physical and psychological
examination of a person who has
14
suffered severe traumatic experiences
must be handled with great sensitivity.
In practical terms this means that the
best interest of the examinee must be
considered at all stages, even if this will
be at the cost of the examination and
documentation process. It must also be
clearly communicated to the examinee
that there is no guarantee that the medicolegal documentation will be beneficial to
reaching a successful result in court nor to
achieving reparations. The alleged victim
should also be informed of potential
negative consequences of an examination,
such as risks to their own or their family’s
security.
c. Informed consent
Before an examination or treatment,
patients should be informed of the facts
relevant to the examination or treatment
and a valid written consent from the patient
should be obtained. This principle reflects
the right of the patients to determine
what happens to their own bodies11. The
WMA’s Declaration of Lisbon12 specifies
the duty for doctors to obtain voluntary
and informed consent from mentally
competent patients to any examination or
procedure. Although specific ethical and
legal standards governing valid informed
consent vary greatly among jurisdictions,
informed consent is generally understood
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