Adopted by the 49th WMA General Assembly
Hamburg, Germany, November 1997
PREAMBLE
Physicians are bound by medical ethics to work for the good of their
patients. Involvement by a physician in torture, war crimes or crimes
against humanity is contrary to medical ethics, human rights and
international law. A physician who perpetrates such crimes is unfit
to practice medicine.
DEFINITION
Physicians seeking to work in any country are subject to the licensing
arrangements of that country. The duty to demonstrate suitability
to practice lies with the person seeking registration. Licensing
bodies in some countries are distinct from the national medical
association.
Physicians who lose their licenses in one country after being
found guilty by their licensing authority of serious professional
misconduct, or following a criminal conviction, will usually be
unsuccessful if they apply to practise in a second country. This
is because most licensing authorities require not only proof of
qualification but also proof that an applicant who is an immigrant
continues to be in good professional standing in his or her country
of origin.
Yet physicians who have been accused by international agencies
of torture, war crimes or crimes against humanity have sometimes
been able to escape from the country in which these crimes were
committed and to obtain registration to practice medicine from
the licensing authority in another country. This is clearly contrary
to the public interest and is damaging to the reputation of physicians.
RECOMMENDATION
National medical associations should use their own licensing powers
to ensure that physicians against whom serious allegations of
participation in torture, war crimes or crimes against humanity
have been made are not able to obtain licences to practice until
they have satisfactorily answered these allegations. National
medical associations that do not have licensing powers should
inform the appropriate licensing authorities of information they
receive regarding physicians against whom serious allegations
of participation in torture, war crimes or crimes against humanity
have been made , and should encourage the licensing authorities
to take appropriate actions to ensure that such physicians have
satisfactorily answered these allegations before granting them
licenses to practice. Where evidence of involvement in abuses
is compelling, national member associations or licensing authorities
should draw such evidence to the attention of the appropriate
authorities.
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