clearly prohibited from providing information or any
medical instrument or substance that would facilitate illtreatment. The same rule is specifically applied to
psychiatry in the World Psychiatric Association’s
Declaration of Hawaii,54 which prohibits the misuse of
psychiatric skills to violate the human rights of any individual or group. The International Conference on Islamic
Medicine made a similar point in its Declaration of
Kuwait,55 which bans doctors from allowing their special
knowledge to be used “to harm, destroy or inflict damage
on the body, mind or spirit, whatever the military or
political reason”. Similar provisions are made for nurses
in the directive on the Nurse’s Role in the Care of
Detainees and Prisoners.56
available to all prisoners without discrimination and that
all sick prisoners or those requesting treatment be seen
daily.49 These requirements reinforce the ethical obligations of physicians, discussed below, to treat and act in the
best interests of patients for whom they have a duty to
care. In addition, the United Nations has specifically
addressed the ethical obligations of doctors and other
health professionals in the Principles of Medical Ethics
relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees
against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.50 These make clear that health
professionals have a moral duty to protect the physical
and mental health of detainees. They are specifically prohibited from using medical knowledge and skills in any
manner that contravenes international statements of individual rights.51 In particular, it is a gross contravention of
health-care ethics to participate, actively or passively, in
torture or condone it in any way.
55. Health professionals also have a duty to support
colleagues who speak out against human rights violations.
Failure to do so risks not only an infringement of patient
rights and a contravention of the declarations listed above
but also brings the health professions into disrepute. Tarnishing the honour of the profession is considered to be
serious professional misconduct. The World Medical
Association’s resolution on human rights57 calls on all
national medical associations to review the human rights
situation in their own countries and ensure that doctors do
not conceal evidence of abuse even where they fear
reprisal. It requires national bodies to provide clear
guidance, especially for doctors working in the prison
system, to protest alleged violations of human rights and
provide effective machinery for investigating doctors’
unethical activities in the human rights sphere. It also
requires that they support individual doctors who call
attention to human rights abuses. The World Medical
Association’s subsequent Declaration of Hamburg58
reaffirms the responsibility of individuals and organized
medical groups worldwide to encourage doctors to resist
torture or any pressure to act contrary to ethical principles. It calls upon individual doctors to speak out against
maltreatment and urges national and international
medical organizations to support doctors who resist such
pressure.
53. “Participation in torture” includes evaluating an
individual’s capacity to withstand ill-treatment; being
present at, supervising or inflicting maltreatment; resuscitating individuals for the purposes of further maltreatment
or providing medical treatment immediately before, during or after torture on the instructions of those likely to be
responsible for it; providing professional knowledge or
individuals’ personal health information to torturers; and
intentionally neglecting evidence and falsifying reports,
such as autopsy reports and death certificates.52 The
United Nations Principles also incorporate one of the fundamental rules of health-care ethics by emphasizing that
the only ethical relationship between prisoners and health
professionals is one designed to evaluate, protect and
improve prisoners’ health. Thus, assessment of detainees’
health in order to facilitate punishment or torture is clearly
unethical.
2.
Statements from international professional bodies
54. Many statements from international professional
bodies focus on principles relevant to the protection of
human rights and represent a clear international medical
consensus on these issues. Declarations of the World
Medical Association define internationally agreed aspects
of the ethical duties to which all doctors are held. The
World Medical Association’s Declaration of Tokyo53 reiterates the prohibition of any form of medical participation
or medical presence in torture or ill-treatment. This is
reinforced by the United Nations Principles that specifically refer to the Declaration of Tokyo. Doctors are
3.
National codes of medical ethics
56. The third level at which ethical principles are
articulated is through national codes. These reflect the
same core values as mentioned above, since medical ethics are the expression of values common to all doctors. In
virtually all cultures and codes, the same basic presumptions occur about duties to avoid harm, help the sick,
protect the vulnerable and not discriminate between
patients on any basis other than the urgency of their
medical needs. Identical values are present in the codes
for the nursing profession. A problematic aspect of ethical
principles is that they do not, however, provide definitive
rules for every dilemma but require some interpretation.
When weighing ethical dilemmas, it is vital that health
professionals bear in mind the fundamental moral
49
Standard Minimum Rules for the Treatment of Prisoners and
Procedures for the Effective Implementation of the Standard Minimum
Rules, adopted by the United Nations in 1955.
50
Adopted by the General Assembly in 1982.
51
Particularly the Universal Declaration of Human Rights, the
International Covenants on Human Rights and the Declaration on the
Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
52
Health professionals must, however, bear in mind the duty of
confidentiality owed to patients and the obligation to obtain informed
consent for disclosure of information, particularly when individuals
may be put at risk by such disclosure (see chapter II, sect. C.3).
53
Adopted by the World Medical Association in 1975.
54
Adopted in 1977.
Adopted in 1981 (1401 in the Islamic calendar).
56
Adopted by the International Council of Nurses in 1975.
57
Adopted in 1990.
58
Adopted in 1997.
55
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents