Principles of Medical Ethics

A/RES/37/194View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 88 Torture and other cruel, inhuman or degrading treatment or punishment, published in 1983.

What other versions does this mandate have?

2 versions · 1983–1984

This is an older version — the most recent is A/RES/38/118

Year	Symbol	Title	Word length	Text similarity
1984	A/RES/38/118	Principles of Medical Ethics	342	17%Compare
1983	A/RES/37/194	Principles of Medical Ethics	732	–

What subjects does this mandate have?

7 subjects

Detained Persons Health Personnel Medical Ethics Physicians Principles Prisoner Treatment Torture and Other Cruel Treatment

What’s in this document?

3 operative paragraphs

Adopts 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, set forth in the annex to the present resolution;

Calls upon all Governments to give the Principles of Medical Ethics, together with the present resolution, the widest possible distribution, in particular among medical and paramedical associations and institutions of detention or imprisonment, in an official language of the State;

Invites all relevant intergovernmental organizations, in particular the World Health Organization, and non-governmental organizations concerned to bring the Principles of Medical Ethics to the attention of the widest possible group of individuals, especially those active in the medical and paramedical field.

is2 A/371407 and Add. I.

153 See Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Caracas, 25 August-5 September 1980: Report prepared by the Secretariat (United Nations publication, Sales No. E.81.IV.4), chap. I, sect. B.

or punishment

Principle I 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. " 4

,,. 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), article 1 of which states:

"I. For the purpose of this Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspecled of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to,

lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners.

"2. Torture constitutes an aggravated and deliberate form of cruel,

inhuman or degrading treatment or punishment.•' Article 7 of the Declaration states:

"Each State shall ensure that all acts of torture as defined in article I are offences under its criminal law. The same shall apply in regard to acts which constitute participation in, complicity in. in<"itement to or an attempt to commit torture."

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;"' (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.

155 Particularly the Universal Declaration of Human Rights (resolution 217 A (III)), 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. 1956.IV.4), annex I.A).

156 Official Records of the General Assembly, Thirt_v•se\'enth Session. Supplement No. 12 (A/37/12).

m Ibid., Supplement No. 12A (A/37/12/Add.l).

"" Ibid., Thirty-seventh Session, Third Committee, 41st meeting, paras. 1-7.

Who adopted this document and its mandates?

What other versions does this mandate have?

What subjects does this mandate have?

What’s in this document?

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