International Health Ethics Oversight Committee Focusing on Torture
Victoria Coalition for the Survivors of Torture
http.www.vcst.ca
Ken Agar-Newman – Nurse

Abstract: International Health Professionals Ethics Oversight Committee

:
	Regulation of the competency of psychologists is a complex topic however there is no specialized comprehensive inter-governmental regulation of standards of practice when state, provincial, or national bodies are unable (or unwilling) to exercise their mandate. This presentation articulates a way to operationalize the WHO/WMA designed UN Principles of Medical Ethics (1982) through the formation of a group of experts, under the auspices of WHO, that would collate and compile relevant practice standards of ethics, support regulatory agencies from state, provincial, military and national bodies, and initiate interventions when education or investigations, hearings, and censure are required. The scope of the proposed Oversight Committee is narrow, focusing incompetence related to torture and cruel inhumane and degrading treatment or punishment, due to the need to focus on the worst violations. It is designed to partner government and civil society so that there is collaboration regarding expertise and funding. It would rely on the UN Committee Against Torture, the International Criminal Court and the constitution of the World Health Organization to gain access to countries. It would not duplicate the functions of these international bodies. The Oversight Committee would raise the international standard of practice related to torture and abuse. Isn't it finally time for psychologists and other health care workers to practice human rights protection in every prison, detention facility and health care establishment with the help they sometimes need.

Background

1980’s: the International Commission of Health Professionals was established.

1990: WHO to compile statistics of the incidence of torture and refer data to the UN Committee against Torture for action.
Options
National, state and provincial regulatory bodies to enforce UN Principles of Medical Ethics;

The UN Committee on Economic, Social and Cultural Rights is available for Oversight issues;

ICN - network of nursing regulatory agencies - exchanges of ideas - resource bank. “self regulation” and “self governance”; and

WMA – “we are interested in doctors”.

Vision
To establish a more comprehensive oversight mechanism that addresses the gaps in regulation;
To partner civil society and governments – expertise and funding;
To partner WHO, UNCAT, the ICC and the Oversight Committee – Statute.

Goals
Key Points
Torture and abuse are internationally prohibited yet they occur increasingly and with impunity;
A higher standard is expected of health professionals yet the UN Principles of Medical Ethics are not enforceable at an inter-government level.
Health workers are crucial to torture prevention, detection and treatment yet some are still involved.

Chronology

2001 - Met with:
ICN's policy consultant,
IRCT Secretary General,
UN Rapporteur against Torture,
Amnesty International Medical Coordinator, and
representatives from the UK Medical Foundation.



2007
Presented the concept to the International Academy of Law and Mental Health Congress in Italy.
Dr Genefke suggested that the OC incorporated penalties.
Dr. Sorenson, former member of the UNCAT, suggested that the OC utilize the legal authority of the Convention Against Torture.

2008
Consulted the Rapporteur for Health for All
Consultation workshop at the IX Congress of Social Psychology for Liberation, San Cristobal de las Casas, Chiapas - Alvaro Moreno

2009
Concept presented at the International Academy of Law and Mental Health Congress in New York - Peter Golden.


For Example - Finances
$CAN 160 Million: WHO immunization work.
$CAN 18 Million: CRNBC, 42, 000 nurses in BC.
$CAN 7.6 Million: IRCT yearly expenses.
$CAN 56 Million: AI (IS) yearly expenses.
$CAN 45 Million: HRW.

Finances
Contributions from individual health workers (1.1 million nurses + 8 million physicians),
Funds raising from Foundations and Governments and others.


- Have asked Executive Board member of WHO for North America for an opinion



Dr K. Dodds
Assistant Deputy Minister
Health Policy Branch
Health Canada
Ottawa
70 Colombine Driveway, Tunney's Pasture
Ottawa, ON K1A 0K9
Phone: (613) 957-3059
E-mail: karen_dodds@hc-sc.gc.ca


- Conclusion -


It has been two thousand years since the Hippocratic Oath was conceived.
Isn’t it finally time for it to be practiced everywhere?

International Health Ethics Oversight Committee
Focusing on Torture
Victoria Coalition for Survivors of Torture
http.www.vcst.ca
Ken Agar-Newman – Nurse




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The Proposal - The establishment of an International Health Professions Ethics Oversight Committee focused on Torture and or Cruel Inhumane Treatment or Punishment

Background

The World Medical Association (WMA), in its preamble for the Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment, declares that “it is the privilege of the physician to practise medicine 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 patients”.

In addition to this declaration, other international declarations and resolutions relevant to torture and human rights have been adopted and ratified by most countries members of the United Nations and other international bodies. These include:



The UN 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.1


Nurses and human rights.2


Nurses' role in the care of detainees and prisoners.3


Torture, Death Penalty and Participation by Nurses in Executions.4


The above-mentioned World Medical Association Declaration of Tokyo. Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment.5


The World Medical Association Declaration Concerning Support for Medical Doctors Refusing to Participate in, or to Condone, the Use of Torture or Other Forms of Cruel, Inhuman or Degrading Treatment.6


The World Medical Association Resolution on Physician Participation in Capital Punishment.7


The Health Professionals Oversight Committee

Considering the above-listed international declarations and resolutions, and the fact that torture is being increasingly used in current conflicts and anti-terrorism campaigns, the creation of a regulatory body is a crucial need, and hence the proposed committee.

The fundamental purpose of the Committee shall be to establish an oversight mechanism that addresses the gaps in the above-listed regulations, for all health workers throughout the world to be aware of the ethical implications around their participation or support of torture and or cruel inhumane treatment or punishment. Health workers shall include, but not be limited to, physicians, nurses, psychologists and medical technicians.

The Committee's purview, through priority setting, shall include health-related human rights violations, torture and or cruel inhuman or degrading treatment punishment as defined by Article I of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN. Convention Against Torture. 1984).

Some of the Suggested Activities

The Committee shall operate a program consisting of the following:



The collation of existing standards of practice, and where there is a deficit, the establishment of improved standards of practice;


The promotion and support of national, provincial, state, or military regulating bodies action to implement these standards of practice; and


The initiation of interventions if these standards are not implemented effectively by national, provincial, state or military regulating bodies, either through a lack of ability or through obstruction by any government,


The standards established by the Committee shall be consistent with international norms established by the WMA, ICN, WPA, the IRCT, and the UN. The Committee shall study on a continuing basis the application, administration, execution, and effectiveness of regulations, guidelines, laws and programs of health regulatory agencies throughout the world for the purposes of determining existing problems or potential problems.


The Committee's scope of activities would not overlap the functions of the International Criminal Court (ICC), nor the Committee would result in a duplication of function of the UNCAT, because of its specialized focus on medical ethics.

The Committee would be comprised of experts, acting in their personal capacity, who are elected by the World Health Assembly in a transparent and democratic manner. These experts shall be nominated by governmental and non-governmental organizations including the WHO, the WMA, the WPA, the ICN, the IRCT, individual activist torture survivors and others.

Working under the auspices of WHO, the Committee would utilize applicable areas of the WHO Constitution and WHO logistical support in order to gain authority and access to countries.

The Committee could also monitor standards of training of all health workers and promote the Istanbul Protocol within this training. The Committee shall receive regular reports from state parties and regulatory agencies. It shall invite submissions from the public and human rights organizations such as Amnesty International, the Physicians for Human Rights, and the ICRC.

As part of its mandate, the Committee would interview government officials, military medical and nursing officials, and other health workers, including nurses, doctors, paramedics, and technicians for the purpose of data collection, assessment and intervention. On-site inspections shall be conducted at the discretion of the Committee, bringing international attention through the utilization of high profile visits to related sites, government officials or members of opposition groups responsible for medically relevant human rights violations.

The Committee shall be accountable to WHO and it shall submit regular recommendations to the WHO, the UN Human Rights Council, state parties, medical and nursing associations and others.

The Committee shall have the power to publicize its recommendations as well as information about breaches of medical and nursing ethics related to the Committee’s purview.

The Committee shall initiate medical panels, inquiries, penalties, disciplinary procedures as well as redress for the victims involved and will compile a registry of health workers and other officials who have breached medical ethics within its oversight mandate. The Committee shall have a protective function in that it will focus international attention on health professionals who are human rights defenders.

Supported by the Victoria Coalition for Survivors of Torture. For more information please check our website:
http://www.vcst.ca/proposal.htm




1 Adopted by General Assembly resolution 37/194 of 18 December 1982
http://www.un.org/documents/ga/res/37/a37r194.htm


2 ICN. Adopted in 1998.Revised in 2006


3 ICN. Adopted in 1998, Revised in 2006


4 ICN. Adopted in 1998. Revised in 2003 and 2006


5 Adopted by the 29th World Medical Assembly, Tokyo, Japan, October 1975, and editorially revised at the 170th Council Session, Divonne-les-Bains, France, May 2005 and the 173rd Council Session, Divonne-les-Bains, France, May 2006
http://www.wma.net/e/policy/c18.htm


6 Adopted by the 49th WMA General Assembly Hamburg, Germany, November 1997. http://www.wma.net/e/policy/c19.htm


7 Adopted by the 34th World Medical Assembly Lisbon, Portugal, September 28 - October 2, 1981 and amended by the 52nd WMA General Assembly in Edinburgh, Scotland during October 2000
http://www.wma.net/e/policy/c1.htm