25 November 1981

Draft Code of Medical Ethics

The General Assembly,

Reaffirming the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as unanimously adopted in General Assembly resolution 3453 (XXX) of 9 December 1975,

Recalling its resolution 31/85 of 13 December 1976, by which it invited the World Health Organization to prepare a draft code of medical ethics relevant to the protection of persons subjected to any form of detention or imprisonment against torture and other cruel, inhuman or degrading treatment or punishment,

Expressing its appreciation to the Executive Board of the World Health Organization which endorsed, at its sixty-third session in January 1979, the principles set forth in a report entitled "Development of codes of medical ethics" containing, in an annex, a draft body of principles prepared by the Council for International Organizations of Medical Sciences and entitled "Principles of medical ethics relevant to the role of health personnel in the protection of persons against torture and other cruel, inhuman or degrading treatment or punishment",

Recalling also resolution 11 adopted on 5 September 1980 by the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in which the Congress expressed the hope that the General Assembly would adopt the draft Code, subject to any amendments which might appear to be necessary,

Taking note with appreciation of the Guidelines for Medical Doctors concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in relation to Detention and Imprisonment, as adopted by the twenty-ninth World Medical Assembly, held at Tokyo in October 1975,

Bearing in mind Economic and Social Council resolution 1981/27 of 6 May 1981, in which the Council recommended that the General Assembly should take measures to finalize a draft Code at its thirty-sixth session,

Recognizing that throughout the world significant medical activities are increasingly being performed by health personnel other than physicians, such as physician-assistants, physical therapists and nurse practitioners,

Alarmed that not infrequently members of the medical profession or other health personnel are engaged in activities which are difficult to reconcile with medical ethics,

Convinced of the need to set standards in this field which ought to be implemented by members of the medical profession and other health personnel as well as by government officials,

1. Takes note with appreciation of the comments on the proposed principles of medical ethics endorsed by the Executive Board of the World Health Organization which were received by the Secretary-General from Governments, specialized agencies and non-governmental organizations;

2. Requests the Secretary-General to circulate among Member States for their further comments the revised draft principles of medical ethics set forth in the annex to the present resolution;

3. Decides to consider this question at its thirty-seventh session with a view to adopting the draft Principles of Medical Ethics relevant to the role of health personnel in the protection of persons against torture and other cruel, inhuman or degrading treatment or punishment.

Annex Draft Principles of Medical Ethics relevant to the role of health personnel in the protection of persons against torture and other cruel, inhuman or degrading treatment or punishment

1. Prisoners and detainees have the same rights to the protection of physical or mental health and the treatment of disease as those who are not in prison or detained.

2. It is a gross contravention of medical ethics for health personnel, in particular physicians, having clinical responsibility for prisoners or detainees 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.

3. It is a contravention of medical ethics for health personnel, in particular physicians, to be involved in any other relationship with prisoners or detainees that is not a medical relationship in the sense that its purpose is the protection or improvement of the physical or mental health of the prisoner or detainee.

4. It is also a contravention of medical ethics for health personnel, in particular physicians:

(a) To apply their knowledge and skills in order to assist in methods of interrogation; or (b) To certify prisoners or detainees as fit for any form of punishment that may adversely affect physical or mental health.

5. Participation of health personnel, in particular physicians, in any procedure for restraining prisoners or detainees is not in conformity with medical ethics unless it is determined by purely medical criteria in a manner which presents no hazard to the health of prisoners or detainees and is necessary for the physical or mental health and safety of the prisoner himself and/or of his fellow prisoners or detainees or his guardians.

6. There may be no derogation from the foregoing principles on any ground whatsoever, including public emergency.