Discuss ethical principles and matters at your site.
undertake force-feeding under any circumstances: “Where a prisoner refuses nourishment and is considered by the physician as capable of forming an unimpaired and rational judgment concerning the consequences of such a voluntary refusal of nourishment, he or she shall not be fed artificially. The decision as to the capacity of the prisoner to form such a judgment should be confirmed by at least one other independent physician. The consequences of the refusal of nourishment shall be explained by the physician to the prisoner. ” Prisoner’s right to be informed on the risk that may cause from such treatment is protected by Article 8 ECHR. Force-feeding likely to be seen as inhuman degrading and amount to torture due to the painful method carried out in its procedures. During the Greek civil war force-feeding caused horror and led the prisoners to stop the hunger strike, not only it is terrifying but it could also result to death. In recent case, the horrific image of force-feeding again could be seen on the hunger striker prisoners in Guantanamo Bay. As Lawrence Altman stated, “force-feeding is likely to involve “dragging” the prisoners to the site of feeding, and using physical restraints to present the removal of the feeding tube. Placing the tube may also be “tricky” and could result in fatal complications should it enter the trachea” Taking into account the high stakes place into the shoulder of the medical officer, their ethical integrity must also be protected. The relation between prisoner hunger striker patient and the medical authorities thus become complicated. State has the obligations to preserve ones life and to prevent suicide, and at the same time to respect absolute right of freedom from torture. In the case of Nevmerzhitsky v Ukraine, it was held that there had been a violation to Article 3 of ECHR, “the force feeding of the applicant, without any medical justification (…. ), constituted treatment of such a severe character warranting the characterizations of torture. ” The medical necessity of force-feeding emphasized in this case. Looking into the judgement, it seems that force-feeding indeed can be justified in certain way. The term medical necessity amounted to a way for the prison authorities to place the burden on the medical officers to make the decision. This could be portrayed in the response of Home Secretary, Roy Jenkins (1975) in the case of force-feeding against Ian Brady: “The responsible medical officer has decided, on the basis of his professional judgment that Ian Brady should be fed artificially. (…) I could not interpose myself between the clinical judgment of a doctor and his patient. “ The court found that there has been no violation to Article 3 of ECHR in the case of A v Germany. In A v Germany, the commission underlined that “force-feeding is even obligatory if an obvious danger for the individual’s life exist. ” Given the obligations of states parties to secure the right to life under Article 2 of ECHR, the commission justified the act of force-feeding. Personal mentality of the hunger striker thus become a focal point for doctors and physician to determine whether the person has the mental capability to make his own judgment and decision to hopefully end his actions in a reasonable time. In Herczegfalvy v A>