WMA Statement on the Development of a Monitoring and Reporting Mechanism to Permit Audit of Adherence of States to the Declaration of Tokyo


Adopted by the 62nd WMA General Assembly, Montevideo, Uruguay, October 2011,
and reaffirmed with minor revisions by the 218thÌýCouncil session (online),ÌýLondon, United Kingdom, October 2021Ìý

 

The WMA reaffirmsÌýitsÌýDeclaration of TokyoÌýestablishing guidelines for physicians concerning torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment, and recommends that a monitoring and reporting mechanism be established to permit audit of adherence ofÌýStates to the terms of theÌýsaidÌýdeclaration, in particular:Ìý

  1. Where physicians are working in situations of dual loyalties, supportÌýmust beÌýoffered to ensure they are not put in positions that might lead to violations of fundamental professional ethics, whether by active breaches of medical ethics or omission of ethical conduct, and/or of human rights, as laid out in the Declaration of Tokyo.Ìý
  2. Its constituent membersÌýshould offer support for physicians in difficult situations, including, as feasible and without endangering either patients or doctors, helping individuals to report violations of patients’ health rights and physicians’ professional ethics in custodial settings.ÌýThe support given must adhere to the principles put forward in theÌýWMA Resolution on the Responsibility of Physicians in the Documentation and Denunciation of Acts of Torture or Cruel or Inhuman or Degrading Treatment.Ìý
  3. The WMAÌýshouldÌýreview the evidence availableÌýof the violation of human rights codes by states and/or the forcing of physicians to violate the Declaration ofÌýTokyo andÌýrefer as appropriate such cases to the relevant national and international authorities.Ìý
  4. The WMA should encourageÌýits member associationsÌýto investigate accusations of physician involvement in torture and similar abuses of human rights reported to it from reputable sources, and to report back in particular on whether physicians are at risk and in need of support.ÌýÌý
  5. The WMA should provide support toÌýits constituent membersÌýand theirÌýindividual physiciansÌýmembers to resist such violations, and as far as realistically possible, stand firm in their ethical convictions.ÌýThe medical profession and governments should also protect physicians endangered because they adhere to their professional and ethical obligations.Ìý
  6. The WMAÌýshallÌýencourage and supportÌýits member associationsÌýin their calls for investigations by the relevantÌýUnited NationsÌýspecial rapporteurÌýor any otherÌýstandard andÌýreliable accountability mechanism in placeÌýwhen valid concernsÌýare raised.Ìý
Statement
Declaration of Tokyo, Detention, Human Rights, Medical Ethics, Patient Rights, Reporting, Torture

WMA Resolution on the Abuse of Psychiatry

Adopted by the 53rd WMA General Assembly, Washington, DC, USA, O...

WMA Resolution supporting the Rights of Patients and Physicians in the Islamic Republic of Iran

Adopted by the 60th WMA General Assembly, New Delhi, India, Octo...