R-2003-02-2003_OVE
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Initiated: September 2002 MEC/DenounceTortureiSeptlOO3
THE WORLD MEDICAL ASSOCIATION RESOLUTION ON
THE RESPONSIBILITY OF PHYSICIANS IN THE DENUNCIATION OF ACTS
OF TORTURE OR CRUEL OR INHUMAN OR DEGRADING TREATMENT
OF WHICH THEY ARE AWARE
Adopted by the WMA General Assembly, Helsinki 2003
The World Medical Association,
1. Considering the Preamble to the United Nations Charter of 26 June 1945 solemnly
proclaiming the faith of the people of the United Nations in the fundamental human
rights, in the dignity and value ofthe human person,
2. Considering the Preamble to the Universal Declaration of Human Rights of 10
December 1948 which states that disregard and contempt for human rights have resulted
in barbarous acts which have outraged the conscience ofmankind,
3. Considering Article 5 of that Declaration which proclaims that no one shall be subjected
to torture or cruel, inhuman or degrading treatment,
4. Considering the American Convention on Human Rights adopted by the Organization
ofAmerican States on 22 November 1969 and which entered into force on 18 July 1978
and the Inter-American Convention to Prevent and Punish Torture, which entered into
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and the Inter-American Convention to Prevent and Punish Torture, which entered into
force on 28 February 1987,
5. Considering the Declaration of Tokyo, adopted by the WMA in 1975, which reaffirms
the prohibition of any form of medical involvement or presence of a physician during
torture or inhuman or degrading treatment,
6. Considering the Declaration of Hawaii (WorId Psychiatric Association), adopted in
1977,
7. Considering the Declaration of Kuwait (International Conference of Islamic Medical
Associations), adopted in 1981,
8. Considering 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, adopted by the
United Nations General Assembly on 18 December 1982, and particularly Principle 2,
which states: “It is a gross contravention of medical ethics… 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…11,
The World Medical Association Resolution on the Responsibility ofPhysicians in the Denunciation ofActs of
Torture or Cruel or Inhuman or Degrading Treatment ofwhich they are Aware
{Document MECIDenounceTortureiSept2003j is an official policy document ofthe World Medical Association,
the global representative body for physicians. It was adopted by the WMA General Assembly, Helsinki 2003.
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2. MEClDenounceTorturelSept2003
9. Considering the Convention Against Torture and Other Cruel, Inhuman orDegrading
Treatment or Punishment, adopted by the United Nations General Assembly on
December 1984, .
10. Considering the European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, which was adopted by the Council of Europe on
26 June 1987 and entered into force on 1 February 1989, .
11. Considering the Resolution on Human Rights adopted by the WMA in Rancho Mirage,
in October 1990 during the 42nd General Assembly and amended by the 45th, 46th and
.47th General Assemblies,
12. Considering the Declaration of Hamburg, adopted by the WMA in November 1997
during the 49th General Assembly and calling on physicians to protest individually
against ill-treatment and on national and international medical organizations to support
physicians in such actions,
13. Considering the Istanbul Protocol (Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment), adopted by the United Nations General Assembly on 4 December 2000,
Recognizing
14. That careful and consistent denunciation by physicians of cases of torture and of those
responsible contributes to the protection of the physical and mental integrity of victims
and in a general way to the struggle against a major affront to human dignity,
responsible contributes to the protection 01 the pnysicai and mental mtegnty of Victims
and in a general way to the struggle against a major affront to human dignity,
15. That physicians, by ascertaining the sequelae and treating the victims of torture, either
early or late after the event, are privileged witnesses ofthis violation ofhuman rights,
18. That nevertheless there is no consistent and explicit reference in the professional codes
of medical ethics and legislative texts of the obligation upon physicians to report or
denounce acts oftorture or inhuman or degrading treatment ofwhich they are aware,
The WorldMedical Association Resolution on the Responsibility ofPhysicians in the Denunciation ofActs of
Torture or Cruel or Inhuman or Degrading Treatment ofwhich they are Aware
(Document MEC/DenounceTorture/Sept2003) is an officialpolicy document ofthe World Medical Association,
the global representative body for physicians. It was adopted by the WMA General Assembly, Helsinki 2003.
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3.
Recommends that National Medical Associations
MEClDenounceTortureJSept2003
19. Support the adoption in their country ofethical rules and legislative provisions:
19.1 aimed at affirming the ethical obligation on physicians to report or denounce acts
of torture or cruel; inhuman or degrading treatment of which they are aware;
depending on the circumstances, the report or denunciation would be addressed to
medical, legal, national or international authorities, to non-governmental.
organizations or to the International Criminal Court. Doctors should use their
discretion in this matter, bearing in mind paragraph 68 ofthe Istanbul Protocol.’
19.2 establishing, to that effect, an ethical and legislative exception to professional
confidentiality that allows the physician to report abuses, where possible with the
subject’s consent, but in certain circumstances where the victim is unable to
express him/herself freely, without explicit consent.
19.3 cautioning physicians to avoid putting individuals in danger by reporting on a
narned basis a victim who is deprived of freedom, subjected to constraint or threat
or in a compromised psychological situation.
20. Disseminate to physicians the Istanbul Protocol.
21. Promote their training on the identification of different modes of torture and their
sequelae.
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sequelae.
22. Place at their disposal all useful information on reporting procedures,particularly to the
national authorities, nongovernmental organisations and the International Criminal
Court.
1 Istanbul Protocol, paragraph 68: “In some cases, two ethical obligations are in conflict. International codes and
ethical principles require the reporting of information concerning torture or maltreatment to a responsible body.
In some jurisdictions, this is also a legal requirement. In some cases, however, patients may refuse to give
consent to being examined for such purposes or to having the information gained from examination disclosed to
others. They may be fearful of the risks of reprisals for themselves or their families. In such situations, health
professionals have dual responsibilities: to the patient and to society at large, which bas an interest in ensuring
that justice is done and perpetrators of abuse are brought to justice. The fundamental principle ofavoiding harm
must feature prominently in consideration of such dilemmas. Health professionals should seek solutions that
promote justice without breaking the individual’s right to confidentiality. Advice should be sought from reliable
agencies; in some cases this may be the national medical association or non-governmental agencies.
Alternatively, with supportive encouragement, some reluctant patients may agree to disclosure within agreed
parameters.”
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17.9.2003
The WorldMedical Association Resolution on the Responsibility ofPhysicians in the Denunciation ofActs of
Torture or Cruel or Inhuman or Degrading Treatment ofwhich they are Aware
(Document MECIDenounceTorture/Sept2003) is an officialpolicy document ofthe World Medical Association,
the global representative body for physicians. It was adopted by the WMA General Assembly, Helsinki 2003. .
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