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
Adopted by General Assembly
resolution 37/194of 18 December 1982
Principle 1
Health personnel, particularly physicians, charged with the
medical care of prisoners and detainees have a duty to provide them with
protection of their physical and mental health and treatment of disease of the
same quality and standard as is afforded to those who are not imprisoned or
detained.
Principle 2
It is a gross contravention of medical ethics, as well as
an offence under applicable international instruments, for health personnel,
particularly physicians, to engage, actively or passively, in acts which
constitute participation in, complicity in, incitement to or attempts to commit
torture or other cruel, inhuman or degrading treatment or punishment.<1>
Principle 3
It is a contravention of medical ethics for health
personnel, particularly physicians, to be involved in any professional
relationship with prisoners or detainees the purpose of which is not solely to
evaluate, protect or improve their physical and mental health.
Principle 4
It is a contravention of medical ethics for health
personnel, particularly physicians:
(a) To apply their knowledge and skills in order
to assist in the interrogation of prisoners and detainees in a manner that may
adversely affect the physical or mental health or condition of such prisoners or
detainees and which is not in accordance with the relevant international
instruments; <2>
(b) To certify, or to participate in the
certification of, the fitness of prisoners or detainees for any form of
treatment or punishment that may adversely affect their physical or mental
health and which is not in accordance with the relevant international
instruments, or to participate in any way in the infliction of any such
treatment or punishment which is not in accordance with the relevant
international instruments.
Principle 5
It is a contravention of medical ethics for health
personnel, particularly physicians, to participate in any procedure for
restraining a prisoner or detainee unless such a procedure is determined in
accordance with purely medical criteria as being necessary for the protection of
the physical or mental health or the safety of the prisoner or detainee himself,
of his fellow prisoners or detainees, or of his guardians, and presents no
hazard to his physical or mental health.
Principle 6
There may be no derogation from the foregoing principles on
any ground whatsoever, including public emergency.
________
<1> See the Declaration on
the Protection of All Persons from Being Subjected to Torture and Other Cruel.
Inhuman or Degrading Treatment or Punishment (resolution 3452 (XXX), annex).
[back
to text]
<2> Particularly the
Universal Declaration of Human Rights (resolution 217 A (111)), the
International Covenants on Human Rights (resolution 2200 A (XXI). annex), the
Declaration on the Protection of All Persons from Being Subjected to Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (resolution 3452
(XXX), annex) and the Standard Minimum Rules for the Treatment of Prisoners
(First United Nations Congress on the Prevention of Crime and the Treatment of
Offenders: report by the Secretariat (United Nations publication, Sales No.
E.1956.IV.4, annex I.A). [back to
text]
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