E/CN.4/2006/120
page 42
in Custody and the Issue of Torture” extract from “Maltreatment and Torture” (1998)
(providing the history and rationale for the prohibition against doctors participating in
force-feeding of prisoners) accessed at ICRC, http://www.icrc.org/Web/Eng/siteeng0.nsf/
iwpList302/92B35A6B95E0A5A3C1256B66005953D5 (8 February 2006).
128
American Medical Association, Policy H-65.997 Human Rights (AMA endorses World
Medical Association’s Declaration of Tokyo) accessed at American Medical Association,
http://www.ama-assn.org/apps/pf_new/pf_online?f_n=browse&doc=policyfiles/HnE/
H-65.997.HTM (10 February 2006).
129
“Israel: Visits to detainees on hunger strike” accessed at ICRC http://www.icrc.org/
Web/Eng/siteeng0.nsf/iwpList74/75579B6BB769D3B5C1256EFD0047576F (9 February 2006).
130
See, e.g., Secretary of State for the Home Department v. Robb [1995] Fam 127
(United Kingdom); Thor v. Superior Court, 21 California Reporter 2d 357, Supreme Court of
California (1993); Singletary v. Costello, 665 So.2d 1099, District Court of Appeal of
Florida (1996).
131
See, generally, Mara Silver, “Testing Cruzan: Prisoners and the Constitutional Question of
Self-Starvation”, 58 Stanford Law Review 631 (2005) (collecting US jurisprudence on
force-feeding of detainees).
132
Response of the United States of America dated 21 October 2005 to Inquiry of the UNCHR
Special Rapporteurs dated 8 August 2005 Pertaining to Detainees at Guantánamo Bay, at 19.
133
CESCR, general comment No. 14, supra note 99, paras. 8, 34.
134
See Cruzan v. Director Missouri Department of Health, 497 U.S. 261, 269-70 (1990)
(recognizing the right to refuse treatment as the logical corollary to the doctrine of informed
consent).
135
See Secretary of State for the Home Department v. Robb, supra note 130; see also Chair of
the Board of Trustees of the American Medical Association, Duane M. Cady, M.D., AMA to the
Nation, AMA unconditionally condemns physician participation in torture, (20 December 2005)
accessed at http://www.ama-assn.org/ama/pub/category/15937.html (10 February 2006)
(clarifying that “every patient deserves to be treated according to the same standard of care
whether the patient is a civilian, a US soldier, or a detainee” and acknowledging that the
AMA position on forced feeding of detainees is set forth in the Declaration of Tokyo.