An absolute prohibition on engaging, actively or passively, in acts that may constitute torture

We present to your attention a selection of Minimum Standards on freedom from torture and ill-treatment, dedicated to Nelson Mandela International Day, celebrated annually on 18 July.

These minimum standards should be taken into account to promote humane conditions of imprisonment, to raise awareness that prisoners are an integral part of society and to recognize the value of the work of prison staff as a social service of particular importance.

(Adopted by UN General Assembly Resolution 70/175 on December 17, 2015).

«Rule 32:

1.The relationship between the physician or other health-care professionals and the prisoners shall be governed by the same ethical and professional standards as those applicable to patients in the community, in particular:

1. The duty of protecting prisoners’ physical and mental health and the prevention and treatment of disease on the basis of clinical grounds only;
2.  Adherence to prisoners’ autonomy with regard to their own health and informed consent in the doctor-patient relationship;
3. The confidentiality of medical information, unless maintaining such confidentiality would result in a real and imminent threat to the patient or to others;
4.  An absolute prohibition on engaging, actively or passively, in acts that may constitute torture or other cruel, inhuman or degrading treatment or punishment, including medical or scientific experimentation that may be detrimental to a prisoner’s health, such as the removal of a prisoner’s cells, body tissues or organs.

2. Without prejudice to paragraph 1 (d) of this rule, prisoners may be allowed, upon their free and informed consent and in accordance with applicable law, to participate in clinical trials and other health research accessible in the community if these are expected to produce a direct and significant benefit to their health, and to donate cells, body tissues or organs to a relative».

The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)