Human Rights and Bioethics: Lessons from the Geneva Conventions, the Guantanamo Hunger Strikes, and the Nuremberg Code George J. Annas Professor and Chair.

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Presentation transcript:

Human Rights and Bioethics: Lessons from the Geneva Conventions, the Guantanamo Hunger Strikes, and the Nuremberg Code George J. Annas Professor and Chair Department of Health Law, Bioethics & Human Rights Boston University Schools of Public Health, Medicine & Law

Military Medical Ethics

Nuremberg Principles Are War Crimes and Crimes Against Humanity [murder, torture, slavery, arbitrary detention] Individuals can be held personally accountable Authorizing law of your country ineffective defense as is “ obeying orders ”

The Nuremberg Code Consent of Subject: Voluntary, Competent, Informed and Understanding Right to Withdraw at any time 8 Welfare Provisions relating to protecting the interests of subjects and requiring application of scientific methods in research in which risks to subjects are outweighed by benefits

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

International Covenant on Civil and Political Rights (1966) Art. 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Geneva Conventions (1949) Common Article 3 “persons...shall in all circumstances be treated humanely...the following acts are and shall remain prohibited at any time: (a) violence to life and person, in particular murder...mutilation, cruel treatment and torture ;... (c) outrages upon personal dignity, in particular humiliating and degrading treatment.”

UDHR ICCPR

Global Lawyers & Physicians “Working Together for Human Rights” Physicians for Human Rights Human Rights First