International law against forced medical treatment

  • Are you allowed to treat patients who refuse care?

    If a patient's illness is affecting their capacity to refuse care, and they are considered a danger to themselves or to others, the healthcare provider is expected to treat the patient regardless of their refusal..

  • Can you refuse medical treatment in Canada?

    Voluntary consent
    Patients must always be free to consent to or refuse treatment, and be free of any suggestion of duress or coercion.
    Consent obtained under any suggestion of compulsion either by the actions or words of the physician or others may be no consent at all and therefore may be successfully repudiated..

  • Does the Geneva Convention protect medics?

    The First Geneva Convention states that there should be no "obstacle to the humanitarian activities" and that wounded and sick "shall be respected and protected in all circumstances." Article 19 demands that medical units, i.e. hospitals and mobile medical facilities, may in no circumstances be attacked..

  • What does the Geneva Convention say about medical treatment?

    In situations of conflict, the Geneva Conventions stipulate the imperative to protect the wounded and sick, without discrimination and in respect of the rules of medical ethics.
    This requirement is at the heart of international humanitarian law since the first Geneva Convention of 1864..

  • What is humane treatment under IHL?

    The principle of humane treatment requires that the wounded and sick, prisoners of war, civilians and other persons protected by IHL are treated humanely at all times..

  • What is it called when a patient refuses treatment?

    Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment.
    Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse..

  • What is the Geneva Convention medical law?

    Humanitarian law endorses the obligation to care for the wounded and sick and to respect the medical ethics surrounding these acts.
    Any willful act or omission that seriously endangers the physical or mental health or integrity of any person is a grave breach of the Geneva Conventions and hence a war crime (GCI Art..

  • What is the international protection of human rights?

    How Does International Law Protect Human Rights? International human rights law lays down obligations which States are bound to respect.
    By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights..

  • Why do we have international humanitarian law?

    International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict.
    It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare..

  • Direct attacks against civilians and/or civilian objects are categorised as war crimes.
    Additionally, any weapon which does not allow for a distinction between civilians/civilian objects and fighters/military objects is also prohibited under IHL.
  • The principle of humane treatment in IHL requires that those who fall into the hands of the enemy be treated with respect for their dignity as human beings.
treatment and the right not to comply with forced admission to institutional facilities. States should also prevent unwanted medical and related 
An assumption behind these principles, barely made explicit in international law, is that physicians must practise both competently and according to the highest 

Can a person be forced to undergo mental health treatment?

Individuals may be forced to undergo mental health treatment which is legally "voluntary" under the threat of involuntary treatment. : 98 Many individuals who legally would be viewed as receiving mental health treatment voluntarily believe that they have no choice in the matter. [a] .

Does involuntary hospitalization violate civil rights?

In 1975, the U.S.
Supreme Court ruled in O'Connor v.
Donaldson that involuntary hospitalization and/or treatment violates an individual's civil rights.
The individual must be exhibiting behavior that is a danger to themselves or others and a court order must be received for more than a short (e.g. 72-hour) detention.

How has the Nuremberg Code impacted international human rights law?

The Code, and particularly its emphasis on informed consent, has had a profound impact on international human rights law and medical ethics.
The Nuremberg Code consists of 10 principles, the first of which being that the voluntary consent of the human subject is absolutely essential in any experiment on humans.

What is a state's obligation to protect health?

The obligation to protect includes, inter alia, the duties of States to adopt legislation or to take other measures ensuring equal access to health care and health-related services provided by third parties.
States should also ensure that third parties do not limit people's access to health-related information and services.

Are consents to treatment a human rights issue?

Within the international human rights case law,issues of consent to treatment have also been considered under the right to health and the prohibition of cruel, inhuman or degrading treatment

Is forced treatment a global policy?

Because forced treatment is not a global policy like resource allocation but focuses solely on the needs of a single patient, it is reasonable to turn to a patient’s physician to elicit the level of distress a particular procedure may cause a patient

Is forced treatment permissible?

But forced treatment is only permissible because the dispute between the patient and physician is anchored in facts not values

The patient has not rejected his post-treatment state because he his revolted by the quality of life it presents (as in case 1), but because he is marginally competent

Involuntary treatment refers to medical treatment undertaken without the consent of the person being treated.
Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors.

Acts of torture influenced or instigated by medical personnel

Medical torture describes the involvement of, or sometimes instigation by, medical personnel in acts of torture, either to judge what victims can endure, to apply treatments which will enhance torture, or as torturers in their own right.
Medical torture overlaps with medical interrogation if it involves the use of professional medical expertise to facilitate interrogation or corporal punishment, in the conduct of torturous human experimentation or in providing professional medical sanction and approval for the torture of prisoners.
Medical torture also covers torturous scientific experimentation upon unwilling human subjects.

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