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International
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Nurses’ Role in the Care of Detainees and Prisoners
ICN Position:
The International Council of Nurses endorses the United Nations Universal Declaration of Human Rights, 1948 and the Geneva Convention of 19491 and the additional protocols and therefore asserts that:
· Prisoners and detainees have the right to health care and humane treatment.
· We condemn interrogation procedures and any act or behaviour harmful to mental and physical health.
· Prisoners and detainees have a right to clear and sufficient information; to refuse treatment or diagnostic procedures; and to die with dignity and in a peaceful manner.
Nurses’ primary responsibility is to those people who require nursing care[1]. In caring for detainees and prisoners nurses are expected to adhere to ethical principles and the following:
· Nurses who have knowledge of abuse and maltreatment of detainees and prisoners take appropriate action to safeguard their rights.
· Nurses employed in prison health services do not assume functions of prison security personnel, such as body searches for the purpose of prison security.
· Nurses participate in clinical research on prisoners and detainees only with the prisoner or detainee’s informed consent.
· Nurses collaborate with other health professionals and prison authorities to reduce the impact of crowded and unhealthy prison environments on transmission of infectious diseases such HIV/AIDS and tuberculosis.
· Nurses abstain from using their nursing knowledge and skills in any manner, which violates the rights of detainees and prisoners.
· Nurses advocate for safe humane treatment of detainees and prisoners including clean water, adequate food and other basic necessities of life.
ICN believes National Nurses Associations (NNAs) and individual nurses should be protected from reprisals related to advocacy for or providing care to detainees and prisoners. Furthermore, NNAs should ensure prison nurses have access to confidential advice, counsel and support.
Background:
The United Nations Universal Declaration of Human Rights, 1948, states that everyone is entitled to all the rights and freedoms without distinction of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and no one shall be subjected to cruel, inhumane or degrading treatment.
The ethical obligations of health professionals are addressed in the Principles of Medical Ethics Relevant to the Role of Health Personnel, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment[2]. These and other instruments such as the Istanbul Protocol[3] make clear that health professionals have a moral duty to protect the physical and mental health of prisoners and detainees.
The ICN Code of Ethics for Nurses affirms that nurses have a fundamental responsibility to promote health, to prevent illness, to restore health and to alleviate suffering to all people, including detainees and prisoners. Nurses working in prison systems must observe the Standard Minimum Rules for the Treatment of Prisoners[4], which require that health services must be available to prisoners without discrimination.
Adopted in 1998, Revised in 2006
(Replaces previous ICN Position: “The Nurse’s Role in the Care of Detainees and Prisoners”, adopted 1975).
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Related ICN Positions:
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[3] Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol) Submitted to the: United Nations High Commissioner for Human Rights 9 September 1999.
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The International Council of Nurses is a federation of more than 124 national nurses' associations representing the millions of nurses worldwide. Operated by nurses for nurses, ICN is the international voice of nursing and works to ensure quality care for all and sound health policies globally. |