INTRODUCTION
This report, prepared at the request of the Truth and Reconciliation
Commission in South Africa, examines the role that health professionals
played in helping or hindering the promotion of human rights during
the apartheid period and considers the legacy of apartheid for
health care in South Africa. The report shows the variety of ways
in which the culture and legal structure of apartheid continue
to influence practices within the health sector and have left
a system of institutions in the government and in the professions
that are ill-equipped to prevent abuses. Accordingly, the report
explores ways to develop a health system and assure professional
standards of behavior in South Africa consistent with international
human rights and ethical norms. It also recommends ways to nurture
a culture that supports health and human rights within the health
professions, official regulatory bodies, and community-based organizations.
Additionally, the report considers how to hold perpetrators of
violations accountable for their actions.
Under international human rights and humanitarian law, as well
as codes of professional medical ethics, health professionals
have a responsibility to protect and promote all human rights.
Human rights violations have devastating health consequences,
and protecting and promoting human rights also contribute to providing
the conditions for health and well-being. Members of the health
professions have considerable opportunities to fulfill these duties:
they may be among the first witnesses of violence and human rights
violations. They may care for persons injured during civil unrest.
They may be called upon to provide medical care to victims of
torture or to investigate suspicious deaths in custody. They themselves
may experience violations of human rights because of their personal
or professional beliefs or activities. And they may practice in
health care institutions that systematically discriminate against
people who are members of certain racial or ethnic groups.
During apartheid, health professionals in South Africa had the
unenviable challenge of working in a system that attempted to
subordinate their ethical and human rights responsibilities to
political decisions about appropriate health care for each legally
defined racial group. While some health professionals acted with
great courage and conviction to uphold ethical standards, the
majority did not. Many health professionals acted to reinforce
apartheid even when not legally required to do so.
A. Background of the Report
In late 1996, the South African Truth and Reconciliation Commission
(TRC) invited the Science and Human Rights Program (the Program)
of the American Association for the Advancement of Science (AAAS)
to participate in their evaluation of human rights violations
in the health care sector. The invitation reflected the TRC's
appreciation of earlier AAAS work on health and human rights in
South Africa and ongoing collaboration between the Science and
Human Rights Program and the TRC. In 1987, the Program sponsored
the research and published a study entitled Turning a Blind
Eye? Medical Accountability and the Prevention of Torture in South
Africa1, which documented the failure of district
surgeons to protect the health of their detainee patients and
prevent their being tortured and abused by prison authorities.
In 1989, AAAS conducted a medical mission of inquiry to South
Africa by sending a six-member delegation, representing four U.S.
medical and scientific organizations, to examine health and human
rights issues. The team's report, Apartheid Medicine: Health
and Human Rights in South
Africa,2 examined how legal structures and the
culture of apartheid resulted in massive human rights violations
by individuals and institutions in the health care sector. Since
January 1996, the Program has been providing scientific and professional
assistance to the TRC Research Department.
To fulfill the TRC's request, AAAS assembled a consultative team,
including the U.S.-based non-governmental organization (NGO) Physicians
for Human Rights (PHR), as co-sponsor. Other participating NGOs
include the Committee for Health in Southern Africa (CHISA), and
the American Nurses Association (ANA). Appendix A provides a list
of the members of the consultative team and their affiliations.
The consultative team undertook the following tasks as contributions
to the TRC medical sector review:
1. It suggested a series of themes to frame specific questions
for those making submissions to the TRC health sector hearings;
these themes were forwarded to the TRC in March 1997.
2. It prepared a preliminary submission for the TRC's health
sector hearings based on the research published in Turning
a Blind Eye? and Apartheid Medicine, augmented by more
recently published data. This submission specifically focused
on international human rights and ethical standards and the failure
of district surgeons to perform their duties in compliance with
agreed-upon national and international codes of human rights law
and professional ethics.
3. Members of the team attended the TRC health sector hearings
in June 1997 and made a presentation based on their preliminary
submission.
4. Staff of AAAS and PHR and members of the team conducted more
than 100 interviews with health professionals, academics, government
officials, representatives of community organizations and others,
to be better able to develop recommendations to the TRC on overcoming
the legacy of apartheid era abuses and fostering a human rights
culture in the health care sector. In March 1997, staff members
of AAAS and PHR visited South Africa to begin the interview process.
Building on this initial work, ten members of the team each spent
between ten days and six weeks in South Africa during June and
July 1997 to undertake site visits, conduct interviews, and collect
publications, unpublished papers, and documents.
This report represents the product of these efforts. It has seven
chapters. The remainder of the introduction considers international
human rights standards protecting health and the right to health
and physicians' responsibilities under international medical codes
and South African law. The second chapter provides a brief overview
of the nature of the apartheid system and its impact on the health
sector. The third chapter examines patterns of apartheid era human
rights abuses. The fourth chapter undertakes an analysis of various
aspects of the health sector under the apartheid system,
including professional associations, professional regulatory bodies,
the education and training of physicians, the role of district
surgeons, forensic practices, and the military. The fifth chapter
assesses the underlying causes of human rights violations in the
health sector. The sixth chapter presents a series of recommendations
on reforms relating to professional ethics, professional discipline,
health system regulation, monitoring, the human rights component
of professional education and training, the role of district surgeons,
and forensic services. Recommendations for legislative changes
are included. Finally, as a delegation from the United States,
we thought it appropriate to examine the implications of our work
for our own country, and the report concludes by doing so.
B. Health and Human Rights: The Role
of Health Professionals
The TRC's mandate is to determine "as complete a picture
as possible of the causes, nature and extent of the gross violations
of human rights
including the antecedents, circumstances,
factors and contexts of such violations" and to compile "a
report providing as comprehensive account as possible of the activities
and findings
and which contains recommendations of measures
to prevent the future violations of human rights."3
In addition, the TRC must "make recommendations to the President
with regard to the creation of institutions conducive to a stable
and fair society and the institutional, administrative and legislative
measures which should be taken or introduced in order to prevent
the commission of violations of human rights."4
Gross violations include killing, abduction, torture, and severe
ill-treatment.
In order to understand the causes and nature of such gross violations
of human rights, we believe that it is important to consider the
manner in which the apartheid system affected all rights, both
those rights categorized as civil and political rights and those
labeled as economic, social and cultural rights. In considering
the apartheid context in which health professionals functioned,
it is relevant to take the following factors into account:
1. Gross violations are greatly facilitated by legal abridgments
of the rights to free expression, association, movement and due
process;
2. Grievous discrepancies in economic and social status, education,
housing, work opportunities, access to health services, basic nutrition
and public health programs in and of themselves constitute severe
ill-treatment;
3. Systematic violations of economic, social and cultural rights
represent a fundamental disregard for the inherent dignity of
fellow members of the human family and thus may be antecedent
causes of civil and political rights violations;
4. Enforcement of discrepancies in economic, social and cultural
rights depends largely on abridgment of civil and political rights;
and
5. Moral disengagement by perpetrators of violence often hinges
on the view that their victims are somehow less human than they
are because of the political culture under which they live.
Systematic disparities in economic, social and cultural rights
represent a form of structural violence that had become so ingrained
in South African society that the relationship between these human
rights violations and more "gross violations" of human
rights deserves special attention. The AAAS's Apartheid Medicine
report documents disparities in equity and access to health care,
education, and health status, as well as segregation in medical
education and the delivery of health services.
Throughout history, society has charged healers with the duty
of understanding and alleviating causes of human suffering. In
the past century, the world has witnessed ongoing epidemics of
armed conflicts and violations of international human rights,
epidemics that have devastated and continue to devastate the health
and well-being of humanity. As we enter the twenty-first century,
the nature and extent of human suffering has compelled health
providers to redefine their understanding of health and the scope
of their professional interests and responsibilities.
Health professionals have a responsibility to protect and promote
all human rights. This is the case not only because human rights
violations have devastating health consequences, but because protecting
and promoting human rights (civil, political, economic, social
and cultural) may be the most effective means to providing the
conditions for health and well-being.
However, health professionals throughout the world have been
ill-equipped to address suffering caused by armed conflicts and
human rights abuses. Medical and health concerns in the twentieth
century have dealt almost exclusively with the diagnosis, treatment
and prevention of disease. Traditional disease concerns often
fail to recognize the physical, psychological and social health
consequences of violations of human rights and humanitarian law.
In contemporary medical practice, rational and empirical traditions
that form the basis of scientific thought largely reduce the complex
phenomenon of suffering to the concern of disease: its diagnosis,
treatment and prevention. By decontextualizing suffering and neglecting
the social conditions that affect health and well-being, health
providers marginalize their roles in society.
Furthermore, medical codes of ethics tend to focus narrowly on
the provider-patient relationship, thereby neglecting the institutional
context in which health professionals function. Principles of
bioethics, such as beneficence, non-maleficence, confidentiality,
autonomy and informed consent aim to regulate the conduct of physicians
in their encounters with individual patients. They do not, however,
generally address interference with health care and well-being
by the state.
In South Africa, as in the United States and other countries,
narrow conceptualizations of health and the ethical responsibilities
of health professionals have contributed greatly to silence and
inaction in the face of the suffering caused by human rights violations.
Although some progressive health professionals in South Africa
worked for the protection and promotion of human rights during
apartheid, most did not.
Increasingly, health professionals are recognizing the importance
of protecting and promoting human rights as necessary preconditions
for individual and community health. When health is defined as
"complete physical, mental and social well-being, and not
just the absence of disease or infirmity,"5 health
professionals recognize an ethical responsibility to protect and
promote human rights in order to provide the conditions for health
and well-being. In this regard, progressive health professionals
in South Africa who have worked for the protection and promotion
of human rights have made important contributions to establishing
a culture of human rights in the health sector. However, human
rights concerns have not yet been formally integrated into the
curricular studies of health professionals. Health professionals
in South Africa and around the world face immense challenges in
addressing human rights concerns and engaging in human rights
education. The extent of human rights violations, the complexity
of their causes, and enormity of their consequences make for extraordinarily
difficult and emotionally challenging work. Despite such challenges,
evolving international standards demand that health professionals
adopt adherence to human rights as a fundamental component of
health care.
C. Health and International Human Rights Law
Beginning with the Universal Declaration of Human Rights, adopted
by the United Nations General Assembly in 1948, the international
community has drafted a series of instruments that recognize the
inherent dignity and the equal and inalienable rights of all members
of the human family. The Universal Declaration, broadly considered
to be a common standard of achievement for all peoples and nations,
enumerates some two dozen specific rights to which all persons
are entitled without distinction of any kind, such as race, color,
sex, language, religion, political or other opinion, national
or social origin, property, birth or other status. Two fundamental
protections are the right to life, liberty and security of person
(article 3) and the right to freedom from discrimination (article
7). Other civil and political rights that are articulated include
freedom from torture and cruel, inhuman, or degrading punishment
(article 5), freedom from arbitrary arrest and detention (article
9), and the right to a fair trial (article 10). In addition, the
text of the Universal Declaration sets forth a series of social
and economic rights, among them, that "everyone has a right
to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing,
and medical care and necessary social services" (article
25).6
The principles enumerated in the Universal Declaration are further
developed in a series of human rights conventions. States that
ratify these instruments and thereby become states parties are
legally bound by their provisions. Well over 130 countries have
ratified the two most important of these instruments: the International
Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Rights.
Among its provisions, the International Covenant on Civil and
Political Rights incorporates protections for the right to life,
security of the person, and freedom to seek, receive, and impart
information, all of which are relevant to the health care sector.7
In addition, Article 7 of the International Covenant on Civil
and Political Rights incorporates protections
against torture and cruel, inhuman or degrading treatment or punishment.8
These latter provisions are further amplified in the Convention
Against Torture and Other Cruel Inhuman or Degrading Treatment
or Punishment. Among its protections, Article 10 instructs states
parties to ensure that education and information regarding the
prohibition against torture are fully included in the training
of medical personnel.9
Of the major international human rights instruments, the International
Covenant on Economic, Social and Cultural Rights provides the
fullest and most definitive conception of the right to health.
Article 12 of the International Covenant on Economic, Social and
Cultural Rights "recognizes the right of everyone to the
enjoyment of the highest attainable standard of physical and mental
health."10 To achieve this goal, it mandates states
parties to undertake the following steps:
a) The provision for the reduction of the stillbirth-rate and
of infant mortality and for the healthy development of the child;
b) The improvement of all aspects of environmental and industrial
hygiene;
c) The prevention, treatment and control of epidemic, endemic,
occupational and other diseases;
d) The creation of conditions which would assure medical service
and medical attention to all in the event of sickness.11
Also relevant to the health sector, under the terms of the International
Convention on the Elimination of All Forms of Racial Discrimination,
states parties undertake to prohibit and eliminate racial discrimination
in all its forms and to guarantee, without distinction as to race,
color, national or ethnic origin, the enjoyment of the right to
public health and medical care.12 The Convention on
the Elimination of All Forms of Discrimination Against Women directs
states parties to take all appropriate measures to eliminate discrimination
against women in the field of health care and to ensure equality
of access to health care services, including those related to
family planning, pregnancy, confinement and the post-natal period,
granting free services where necessary.13 Similarly,
the Convention on the Rights of the Child extends provisions of
the right to health enumerated in the International Covenant on
Economic, Social and Cultural Rights to children and mandates
that states parties take appropriate measures to diminish infant
and child mortality; ensure the provision of necessary medical
assistance and health care to all children, with emphasis on the
development of primary care; combat disease and malnutrition;
provide clean drinking water; and combat the dangers and risks
of environmental pollution.14
D. International Medical Codes of Ethics
International medical ethical principles unequivocally provide
that physicians, nurses, and other health professionals have the
professional duty of care to patients. This applies to the treatment
of detainees regardless of whether a health professional has an
obligation to a third party such as a state institution. This
section reviews three aspects of medical ethics often violated
under apartheid, especially in the care of detainees: health professionals'
duties regarding torture, the non-discriminatory provision of
medical care, and confidentiality.
1. Physicians' duties regarding torture
Under circumstances where doctors are employed by the government
or a third party, they retain a duty (1) to provide care to the
patients they examine or treat, (2) not to participate in torture
in any way, and (3) to document acts of torture, and cruel, inhuman
or degrading treatment. The Convention Against Torture, 1984,
defines torture as:
any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such purposes
as obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or
is suspected of having committed, or intimidating or coercing
him or a third person for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity.15
The duties and obligations are clear: physicians must not collaborate
in any way with state-sponsored torture.
The obligations of physicians treating prisoners and detainees
are set forth under 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.16
These Principles specifically address the obligations of physicians
under internationally accepted standards of medical ethics. The
Principles are intended to prevent any direct or indirect participation
by physicians in torture:
Principle 2: It is a gross contravention of medical ethics, as
well as an offense 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.
Principle 3: It is a gross 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 to solely evaluate, protect or improve their physical
and mental health.
The Declaration of Tokyo17 not only prohibits physician
complicity in torture, but also calls for complete clinical independence
in caring for the person for whom the physician is responsible,
and support for doctors who face threat of reprisals resulting
from a refusal to condone the use of torture:
Article 1: The doctor shall not countenance, condone or participate
in the practice of torture or other forms of cruel, inhuman, or
degrading procedures.
Article 2: The doctor shall not provide any premises, instruments,
substances or knowledge to facilitate torture or other forms of
cruel, inhuman, or degrading treatment.
Article 3: The doctor shall not be present during any procedure
during which torture or other forms of cruel, inhuman or degrading
treatment is used or threatened.
Article 4: A doctor must have complete clinical independence
in deciding upon the care of a person for whom he or she is medically
responsible. The fundamental role is to alleviate the distress
of his or her fellow men, and no motive, whether personal, collective
or political shall prevail against this higher purpose.
Article 5: Where a prisoner refuses nourishment and is considered
by the doctor as capable of forming an unimpaired and rational
judgment concerning the consequences of such a voluntary refusal
of nourishment, he or she shall not be fed artificially. The decision
as to the capacity of the prisoner to form such a judgment should
be confirmed by at least one other independent doctor. The consequences
of the refusal of nourishment shall be explained by the doctor
to the prisoner.
Article 6: The WMA will support, and should encourage the international
community, the national medical associations and fellow doctors,
to support the doctor and his or her family in the face of threats
or reprisals resulting from a refusal to condone the use of torture
or other forms of cruel, inhuman, or degrading treatment.
The Standard Minimum Rules for the Treatment of Prisoners and
Procedures for the Effective Implementation of the Standard Minimum
Rules18 place many obligations upon physicians who
come into contact with prisoners. The prison medical officer has
the obligation to report to the director of the institution whenever
he or she considers that a prisoner's physical or mental health
has been or will be injuriously affected by continued imprisonment
or by the conditions of imprisonment. He or she has the obligation
also to report any cruel, inhuman or degrading punishments, as
these are completely prohibited. It is further indicated that
where it is beyond the competence of those in charge to alter
the adverse conditions, the medical officer should then submit
his or her own report to a higher authority for action. Physicians
who examine detainees are, for the purposes of the Declaration,
considered to be prison medical officers.
Article 25 (2): The medical officer shall report to the director
whenever he considers that a prisoner's physical or mental health
has been or will be injuriously affected by continued imprisonment
or by any condition of imprisonment.
2. Non-discriminatory provision of medical care
The fundamental principles of non-maleficence articulated in
the Hippocratic Oath and similar pledges clearly establish the
physician's role as healer of human suffering and the professional
responsibility to do no harm.19 These concepts are
reinforced by the Declaration of Geneva, which states that: "I
will maintain the utmost respect for human life from its beginning
even under threat... I will not use my medical knowledge contrary
to the laws of humanity...[and]... I will not permit considerations
of religion, nationality, race, party politics, or social standing
to intervene between my duty and my patient."20
Furthermore, the International Code of Medical Ethics provides
that: "A physician shall give emergency care as a humanitarian
duty..."21 The World Medical Association's Regulations
in Time of Armed Conflict22 states that: "Under
all circumstances, every person, military or civilian, must receive
promptly the care he needs without consideration of sex, race,
nationality, religion, political affiliation or any other similar
criterion....[and that]
The fulfillment of medical duties
and responsibilities shall in no circumstance be considered an
offense."
3. Confidentiality
International standards of medical ethics uniformly call upon
physicians to maintain confidentiality as a fundamental obligation
to patients and to disclose information only with the patient's
consent. When a doctor is required by the state or another third
party to release information, the patient must be informed before
the examination.
The World Medical Association has, in various codes of conduct
for health professionals, stated the physician's obligation to
maintain confidentiality:
Regulations in Time of Armed Conflict: "A
physician shall preserve absolute confidentiality on all he knows
about his patient even after the patient has died."23
Declaration of Geneva: "I will respect the secrets
which are confided in me, even after the patient has died."24
International Code of Medical Ethics: "A physician
shall respect the rights of patients, of colleagues, and of other
health professionals, and shall safeguard patient confidences."
Breaches in medical confidentiality may be justified on the basis
of compelling health concerns such as the spread of infectious
disease or safety of the public. Codes of conduct for health professionals
prescribe safeguards for confidentiality. The World Medical Association's
Regulation in Time of Armed Conflict states "The physician
must never be prosecuted for observing professional secrecy."25
4. The nurse's role in safeguarding human rights
The International Council of Nurses has adopted a number of statements
to implement its endorsement of the Universal Declaration of Human
Rights, the most comprehensive of which is "The Nurse's Role
in Safeguarding Human Rights," which dates from 1983.26
It emphasizes the responsibility of nurses to safeguard human
rights in normal work situations as well as in times of political
upheaval and war. According to the text, whenever abuse of patients,
nurses, or others is witnessed or suspected, "[N]urses have
a responsibility in these situations to take action to safeguard
the rights of those involved." The statement advises that
while nurses have an individual responsibility, they often can
be more effective when they approach human rights issues corporately.
When implementing this responsibility, the individual "nurse
initiating the actions requires knowledge of human rights, moral
courage, an adequate plan of action and a commitment and determination
to see that the necessary follow-up does occur." Additionally,
the statement emphasizes that health care is a right for all individuals
and that nurses must ensure that adequate treatment is provided,
within available resources, in accordance with nursing ethics.
Going beyond a narrow definition of professional responsibility,
the statement directs national nurses' associations to participate
in the development of health and social legislation relative to
patients' rights and all related topics.
5. Nurses and torture
A statement on nurses and torture was adopted at the meeting
of the Council of National Representatives of the International
Council of Nurses (ICN) in May 1989. Recognizing that violations
of human rights have become more pervasive and that scientific
discoveries have brought about more sophisticated forms of torture
and methods of resuscitation, the text specifies that the nurse
shall not countenance, condone, or voluntarily participate in:
· Any deliberate, systematic or wanton infliction of physical
or mental suffering or any other form of cruel, inhuman or degrading
procedure by one or more persons acting alone or on the orders
of any authority, to force another person to yield information,
to make a confession or for any other reason.
· Any treatment which denies to any person the respect which
is his/her due as a human being.27
6. The nurse's role in the care of detainees and prisoners
The International Council of Nurses Code for Nurses states that
the fundamental responsibility of the nurse is to those people
who require nursing care. To that end, it mandates the nurse to
take appropriate action to safeguard the individual whose care
is endangered by a co-worker or any other person.28
A directive on the "Nurse's Role in the Care of Detainees
and Prisoners" was adopted at a meeting of the Council of
National Representatives of the International Council of Nurses
in Singapore in August 1975.29 This statement condemns
the use of interrogation procedures for detainees and prisoners
of conscience that result in ill effects on the person's mental
and physical health. It directs that "[N]urses having knowledge
of physical or mental ill-treatment of detainees and prisoners
must take appropriate action including reporting the matter to
appropriate national and/or international bodies." The statement
prohibits nurses employed in prison health services from assuming
the functions of prison security personnel, such as body search
procedures for security reasons. It also specifies that nurses
only participate in clinical research carried out on prisoners
if the freely given consent of the patient has been secured based
on an explanation and full understanding of the nature and risk
of the research.
NOTES
1 Rayner, Mary. Turning a Blind Eye? Medical
Accountability and the Prevention of Torture in South Africa.
Washington, D.C.: American Association for the Advancement of
Science, 1987.
2 American Association for the Advancement of Science.
Apartheid Medicine: Health and Human Rights in South Africa.
AAAS: Washington, D.C. 1990.
3 Promotion of National Unity and Reconciliation
Act 1995, § 3(1)(d).
4 Promotion of National Unity and Reconciliation
Act 1995, § 3(1)(d).
5 World Health Organization. "Preamble to the
Constitution," The First Ten Years of the World Health
Organization. Geneva: WHO, 1958, p. 11. Also see World Health
Organization Declaration of Alma Alta. Geneva: WHO, 1978.
6 U.N. General Assembly. Third Session. Official
Records. Universal Declaration of Human Rights. Pursuant
to General Assembly Resolution 217 A (III), UN Doc.A/810, 1948.
7 U.N. General Assembly. Twenty-first Session. Official
Records. International Covenant on Civil and Political Rights,
articles 6, 7, 9, and 10. Pursuant to General Assembly Resolution.
2200A (XXI), Supp. No.16, art.47, UN Doc. A/6316, 1976. Hereinafter
"CCPR".
8 Id.,. Art. 10.
9 U.N. General Assembly. Official Records. Convention
Against Torture and Other Cruel, Inhuman, or Degrading Treatment
or Punishment. Adopted and open for signature, ratification,
and accession by United Nations General Assembly. Pursuant to
Resolution 39/46, 1984. Hereinafter "Convention Against
Torture".
10 U.N. General Assembly. Twenty-first Session.
Official Records, Supplement 16. International Covenant on
Economic, Social and Cultural Rights. Article 12, p. 49,
UN Dpc.A/6316, 1966. Hereinafter "CESCR."
11 Ibid.
12 U.N. General Assembly. Official Records. International
Convention on the Elimination of All Forms of Racial Discrimination.
Pursuant to 2100 A (XX) of 21 December 1965, 660 UNTS. 195 (entered
into force 4 Jan., 1969). Article 5(e)(iv). Hereinafter "Convention
Against Racial Discrimination."
13 U.N. General Assembly. Thirty-fourth Session.
Official Records. Supplement 46. Convention on the Elimination
of All Forms of Discrimination Against Women. Pursuant to
Resolution 34/180, A/34/46, 1980, Art. 12 (1). Reprinted in 19
I.L.M. 33, 1980. Hereinafter "CEDAW".
14 U.N. General Assembly. Forty-fourth session.
Official Records. Supplement 49. Convention on the Rights
of the Child. Pursuant to Resolution 25GAIV, A/RES/44/25
(1989), Art. 24.
15 The Convention Against Torture. Twenty-Five
Human Rights Documents. New York: Center for the Study of
Human Rights, Columbia University, 1994, p. 148.
16 "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 the United Nations General Assembly in 1982, in
Ethical Codes and Declarations Relevant to the Health Professions.
London: Amnesty International, 1994, p. 50-53.
17 Id., p. 9. From World Medical Association. "Declaration
of Tokyo," 1975.
18 Id., p. 89-104. From "Standard Minimum Rules
for the Treatment of Prisoners and Procedures for the Effective
Implementation of the Standard Minimum Rules. Adopted by the
United Nations, 1955; amended 1977.
19 Id., p. 42. From "The Hippocratic Oath."
20 Id., p. 4. From World Medical Association. "Declaration
of Geneva," 1948, 1968, 1983.
21 Id., p. 5-6. From World Medical Association.
"International Code of Medical Ethics," 1949, 1968,
1983.
22 World Medical Association. "Regulations
in Time of Armed Conflict."
23 Ibid.
24 "Declaration of Geneva."
25 Ibid and World Medical Association. "Regulations
in Time of Armed Conflict."
26 International Council of Nurses. "The Nurse's
Role in Safeguarding Human Rights." Adopted by representatives
of the International Council of Nurses meeting in Brazil in
June 1983 and last reviewed in 1991. From Amnesty International,
1994, p. 27-29.
27 International Council of Nurses. "Nurses
and Torture." Adopted by National Representatives of the
International Council of Nurses in Seoul in May 1989 and reviewed
in 1991. From Amnesty International, 1994, p. 30-31.
28 International Council of Nurses. Code for
Nurses. Geneva, ICN. Adopted 1973, reaffirmed in 1989.
29 International Council of Nurses. "The Nurses
Role in the Care of Detainees and Prisoners." Adopted at
the meeting of National Representatives of the International
Council of Nurses in Singapore in August 1975 and last reviewed
in 1991. From Amnesty International, 1994, p. 24-26.
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