Denial of Pain Treatment and the Prohibition of Torture, Cruel, Inhuman or Degrading Treatment or Punishment

The medical community is cowering to the FDA MME guidelines without concern for the health and safety of their patients.
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Denial of Pain Treatment and the Prohibition of Torture, Cruel, Inhuman or Degrading Treatment or Punishment

Post by admin » Sun Mar 17, 2019 2:40 pm

Report from Human Rights Watch
  • Denial of Pain Treatment and the Prohibition
    of Torture, Cruel, Inhuman or Degrading
    Treatment or Punishment
SOURCE: Click Here below
https://www.hrw.org/sites/default/files ... e_only.pdf

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2011.12 InterRights Bulletin Article_only (1).pdf
Denial of Pain Treatment and the Prohibition
of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment
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  • Applicability of the Prohibition of
    Torture and Ill-treatment to Denial of
    Pain Treatment

    A first question to answer is whether the
    prohibition of torture and illtreatment can
    be applicable to denial of pain treatment.
    After all, denial of pain treatment generally
    involves acts of omission rather than commission
    (the active infliction of suffering by a state
    official on the victim).


    Moreover, in
    these cases the victim’s suffering is
    caused not by some external source but
    by the patient’s own body.
    Article 7 of the International Covenant
    on Civil and Political Rights (ICCPR)
    articulates the prohibition of torture as
    follows: ‘No one shall be subjected to
    torture or to cruel, inhuman or
    degrading treatment or punishment…’

    While in the ICCPR and other
    international human rights
    instruments the right is formulated as
    a negative obligation – a prohibition
    for states to inflict such treatment –
    jurisprudence has clearly established
    that the provision also imposes a
    positive obligation on states: To protect
    people in their jurisdiction from such
    treatment as well as to investigate
    credible allegations of torture or illtreatment.

    • In other words, when a
      state fails to take steps to protect
      people from torture or ill-treatment –
      an act of omission – it can still be guilty
      of a violation of the prohibition of
      torture and ill-treatment.

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