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Principles of Medical Ethics, UN General Assembly

Appendix 1

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 United Nations General

Assembly Resolution 37/194 of

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.

Principle 3

It is a contravention of medical ethics for health personnel,

particularly physicians, to be involved in any professional
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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.

________

*

1. 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
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Principles of Medical Ethics, UN General Assembly

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 suspected 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 1 are offences under its criminal law. The

same shall apply in regard to acts which constitute

participation in, complicity in, incitement to or an attempt to

commit torture.”
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