Declaration of Tokyo
Encyclopedia
The Declaration of Tokyo is a set of international guidelines for physicians concerning torture
and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment, which was adopted in October 1975 during the 29th General assembly of the World Medical Association
, and later editorially updated by the WMA in France, May 2005 and 2006. It declares torture
to be "contrary to the laws of humanity," and antithetical to the "higher purpose" of the physician
, which is to "alleviate the distress of his or her fellow human being." The policy states that doctors should refuse to participate in, condone, or give permission for torture, degradation, or cruel treatment of prisoners or detainees. According to the policy, a prisoner who refuses to eat
should not be fed artificially against his will
, provided that he or she is judged to be rational.
in the service of humanity, to preserve and restore bodily and mental health
without distinction as to persons, to comfort and to ease the suffering of his or her patient. The utmost respect for human life is to be maintained even under threat, and no use made of any medical knowledge contrary to the laws of humanity.
For the purpose of this Declaration, torture
is defined as the deliberate, systematic or wanton infliction of physical or mental suffering 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.
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment, which was adopted in October 1975 during the 29th General assembly of the World Medical Association
World Medical Association
The World Medical Association is an international and independent confederation of free professional Medical Associations, therefore representing physicians worldwide...
, and later editorially updated by the WMA in France, May 2005 and 2006. It declares torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
to be "contrary to the laws of humanity," and antithetical to the "higher purpose" of the physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, which is to "alleviate the distress of his or her fellow human being." The policy states that doctors should refuse to participate in, condone, or give permission for torture, degradation, or cruel treatment of prisoners or detainees. According to the policy, a prisoner who refuses to eat
Hunger strike
A hunger strike is a method of non-violent resistance or pressure in which participants fast as an act of political protest, or to provoke feelings of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most hunger strikers will take liquids but not...
should not be fed artificially against his will
Force-feeding
Force-feeding is the practice of feeding a person or an animal against their will. "Gavage" is supplying a nutritional substance by means of a small plastic tube passed through the nose or mouth into the stomach, not explicitly 'forcibly'....
, provided that he or she is judged to be rational.
Preamble
It is the privilege of the medical doctor to practice medicineMedicine
Medicine is the science and art of healing. It encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness....
in the service of humanity, to preserve and restore bodily and mental health
Mental health
Mental health describes either a level of cognitive or emotional well-being or an absence of a mental disorder. From perspectives of the discipline of positive psychology or holism mental health may include an individual's ability to enjoy life and procure a balance between life activities and...
without distinction as to persons, to comfort and to ease the suffering of his or her patient. The utmost respect for human life is to be maintained even under threat, and no use made of any medical knowledge contrary to the laws of humanity.
For the purpose of this Declaration, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
is defined as the deliberate, systematic or wanton infliction of physical or mental suffering 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.
Declaration
- The physicianPhysicianA physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
shall not countenance, condone or participate in the practice of torture or other forms of cruel, inhuman or degrading procedures, whatever the offense of which the victim of such procedures is suspected, accused or guilty, and whatever the victim's beliefs or motives, and in all situations, including armed conflict and civil strife. - The physician shall not provide any premises, instruments, substances or knowledge to facilitate the practice of torture or other forms of cruel, inhuman or degrading treatment or to diminish the ability of the victim to resist such treatment.
- When providing medical assistance to detainees or prisoners who are, or who could later be, under interrogationInterrogationInterrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
, physicians should be particularly careful to ensure the confidentiality of all personal medical information. A breach of the Geneva ConventionsGeneva ConventionsThe Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
shall in any case be reported by the physician to relevant authorities. - The physician shall not use nor allow to be used, as far as he or she can, medical knowledge or skills, or health information specific to individuals, to facilitate or otherwise aid any interrogation, legal or illegal, of those individuals.
- The physician shall not be present during any procedure during which torture or any other forms of cruel, inhuman or degrading treatment is used or threatened.
- A physician must have complete clinical independence in deciding upon the care of a person for whom he or she is medically responsible. The physician's fundamental role is to alleviate the distress of his or her fellow human beings, and no motive, whether personal, collective or political, shall prevail against this higher purpose.
- Where a prisoner refuses nourishmentHunger strikeA hunger strike is a method of non-violent resistance or pressure in which participants fast as an act of political protest, or to provoke feelings of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most hunger strikers will take liquids but not...
and is considered by the physician 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 artificiallyForce-feedingForce-feeding is the practice of feeding a person or an animal against their will. "Gavage" is supplying a nutritional substance by means of a small plastic tube passed through the nose or mouth into the stomach, not explicitly 'forcibly'....
. The decision as to the capacity of the prisoner to form such a judgment should be confirmed by at least one other independent physician. The consequences of the refusal of nourishment shall be explained by the physician to the prisoner. - The World Medical AssociationWorld Medical AssociationThe World Medical Association is an international and independent confederation of free professional Medical Associations, therefore representing physicians worldwide...
will support, and should encourage the international community, the National Medical Associations and fellow physicians to support, the physician 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.