Ethical Codes, Cultural Relativism and Confidentiality
as a combination of four key elements:
information, competency, voluntariness and
consent.
According to the Istanbul Protocol,
‘physical examination for evidence
purposes in an inquiry requires consent
in the sense that the patient understands
factors such as how the health data
gained from the examination will be used,
how it will be stored and who will have
access to it’ 13.
The patient should understand the
objectives of the examination, the
process, the use of evidence, the roles
of each of the team members (including
the interpreter), the possibilities and
the limitations of the mission, and the
possible outcomes and consequences.
Valid informed consent should also be
obtained for photographic documentation
of injuries, samples collection and audio
recordings of interviews. The consent
should be reflected in a form signed by
the patient and the examiners. See Annex
5 for further information and templates
of two different consent forms. Where
relevant, the form(s) should be translated
into the local language prior to the
examination.
Where possible, it is advisable to consult
a legal practitioner in the relevant
jurisdiction to ensure valid consent for use
in future legal proceedings.
d. Confidentiality
All those involved in the mission,
including non-medical staff involved in the
facilitation of practicalities of the mission,
should be conscious of the sensitivity
of the mission. Their obligations related
to confidentiality should be specified in
the contract (Annex 3). There should be a
careful assessment of what information
can and what cannot be shared with
people outside the team. A well-meant
advocacy or awareness raising initiative,
or a simple slip of the tongue can be
detrimental to the mission, the success
of the case, and sometimes the safety of
persons involved.
Additionally, the fundamental ethical
principle of doctor-patient confidentiality
implies that, as a general rule, the
examination should be conducted in
private with the sole presence of the
medical team and, where relevant, the
interpreter. The alleged victim may
specifically request the presence of a
particular third person but even in this
case it is advisable for the team to spend a
few minutes alone with the examinee and,
if necessary, an independent interpreter.
For further information on the modalities
of the examination, see Chapter 6.
e. Impartiality
The medical team carrying out a forensic
examination is bound by principles
of impartiality and independence. In
practical terms this means that they
should refrain from public comment on
the case while it is ongoing, and only have
professional interaction with the alleged
victims and others involved in the case.
Thus, for example, the team should not
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents