Hostname: page-component-cd9895bd7-gvvz8 Total loading time: 0 Render date: 2024-12-28T06:50:59.505Z Has data issue: false hasContentIssue false
  • English
  • Français

Detention without Trial, Hunger Strikes and Medical Ethics

Published online by Cambridge University Press:  29 April 2021

S. R. Benatar
Get access Rights & Permissions [Opens in a new window]

Extract

Racism, which has pervaded and debased life in many countries, was given little attention by the international community before the Second World War when international law only governed relationships between states; the way in which individuals were treated within their own states was considered to be a purely domestic affair. The revulsion engendered by the Nazi atrocities however had a profound effect on world opinion, and in 1945 the “United Nations” grew out of the League of Nations with the hope that this body could contribute to the maintenance of international peace and encourage worldwide respect for human rights and fundamental freedoms. Three years later, in 1948, the Nationalist Party came into power in South Africa and the racial attitudes of the time were committed to the statute books in this country.

Type
Article
Information
Law, Medicine and Healthcare , Volume 18 , Issue 1-2 , Summer 1990 , pp. 140 - 145
Copyright
Copyright © 1990 American Society of Law, Medicine & Ethics

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Dugard, J., The Universal Declaration of Human Rights: Its significance for the world and South Africa. In: Human Rights in South Africa. (Monitor — The Journal of the Human Rights Trust, 1988), 71–74.Google Scholar
Id.Google Scholar
Id.Google Scholar
Opperman, J., Partly free or not at all. An analysis of human rights in South Africa. In: Monitor — The Journal of the Human Rights Trust, (June, 1988), 42–45; Camp, S.L. Speidel, J.J., The International Human Suffering Index. (Population Crisis Committee, Washington, DC 1987).Google Scholar
Bell, A.N., Mackie, R.D.A. (Eds). Detention and security legislation in S.A. (Centre for Adult Education, Univ. of Natal. Durban 1985); Hansom, N., Mangan, L. (Eds). Emergency Law. (centre for Applied Legal Studies, Univ. of Witwatersrand. Johannesburg, 1987); Mathews, A. S. Albino, R.C., The Permanence of the temporary — an examination of the 90 and 180 day detention laws. (S.A. Law Journal 83 (1966): 16–43.Google Scholar
Marcus, G.J., Dugard, C. J. R., Any hope for detainees? The Aggett Inquest and the Rabie Report compared. Lawyers for Human Rights Bulletin (2) (1983); Marcus, G., Liability for the health of detainees. South African Medical Journal 74 (1988): 456–459.Google ScholarPubMed
Marcus, , 1988, supra note 6.Google Scholar
Id.Google Scholar
McQuoid-Mason, D. J. M., Detainees and the duties of district surgeons. South African Journal on Human Rights 2: (1986) 49–49; McQuoid-Mason, D.J. M., The responsibilities of doctors during the State of Emergency. Acta Juridica (Juta, Cape Town 1988) 65–106.Google Scholar
McQuoid-Mason, , 1988, supra note 9.Google Scholar
Foster, D., Davis, D., Sandler, D., Detention and torture in South Africa. Psychological, legal and historical studies. (David Philip. Cape Town 1987); Levin, J., Torture without violence: Clinical and ethical issues for mental health workers in the treatment of detainees. South African Journal on Human Rights 2: (1986): 177–185; McCarthy, G., Obstacles to the treatment of detainees in South Africa. Lancet 1 (1989): 1066–1068; Levine, J., Intervention in detention. Psychological, ethical and professional aspects. South African Medical Journal 74 (1988): 460–463.Google Scholar
Benatar, S. R., Ethics, Medicine and Health Care in South Africa. In International Perspectives on Biomedical Ethics. Special Suppl to Hastings Center Report. (August, 1988), 3–8; Benatar, S. R., Ethical responsibilities of health professionals in caring for prisoners and detainees. South African Medical Journal 74 (1988): 453–456.Google ScholarPubMed
Jenkins, T., Ethical issues in the medical care of prisoners and detainees. South African Journal of Continuing Medical Education (5 Apr. 1987): 40a–49; Jenkins, T., The health care of detainees-the law, professional ethics and reality. South African Medical Journal 74 (1988):436–438; Jenkins, T., The health care of detainees—the law, professional ethics and reality. In Proceedings of the 4th UCT Faculty of Medicine symposium on Medical Ethics. (Ed. Benatar, S. R. University of Cape Town (Publ). 1988); McKenzie, D., (on behalf of UCT Faculty of Medicine). Medical treatment of prisoners and detainees. South African Medical Journal 61 (1982): 688; Ransome, J.O. Children in places of detention: A code for their handling. South African Medical Journal 71 (Suppl 20 June 1987).Google Scholar
Supra, note 12.Google Scholar
Faculty of Medicine UCT. Children in detention. South African Medical Journal 70 (1986): 235; Riekert, J., The silent scream: Detention without trial, solitary confinement and evidence in S.A. “security law” trials. South African Journal on Human Rights 1 (1985): 245; Baxter, L., Doctors on trial: Steve Biko, medical ethics and the courts. South African Journal on Human Rights 1(2) (1985): 137–151; College of Medicine of S.A. Medical care of prisoners and detainees. South African Medical Journal (1982):62:844; Maisels, I. A. deVilliers, J. N., Report to the Medical Association of South Africa by the Ad Hoc committee appointed to consider certain ethical issues. South African Medical Journal (Suppl. Aug 22, 1981); Rayner, M., Turning a blind eye? Medical accountability and the prevention of torture in South Africa 1987. Committee on Scientific Freedom and responsibility. American Association for the Advancement of Science. Washington, DC; Kirsch, R. E., Benatar, S. R., Medicine in South African context. Acta Juridica. (Juta, Cape Town, 1988), 1–39; Detention of schoolchildren in S. A. Lancet 1 (1988): 623–624; Richardson, N., Children and Apartheid. British Medical Journal 297 (1988): 495; Silove, D. M., Children of apartheid: A generation at risk. Medical Journal of Australia 148 (1988): 346–353; Mandell, B., Detention of schoolchildren in S.A. Lancet 1 (1988): 1170; see also notes 9, 10, 11, and 13 supra.Google Scholar
Contact Group of the Medical Schools of the Universities of Cape Town, Natal, and the Witwatersrand. Recommendations relating to the health of detainees, Sept. 1981; Medical care of prisoners and detainees. Report of the Ad Hoc Committee of the MASA into medical care of prisoners and detainees. South African Medical Journal 63 (Suppl. May, 1983 1–5. See also note 12, supra.Google Scholar
Rosendorf, C., Milne, F. J., Bothwell, T. H. et al. Striking off striking doctors. South African Medical Journal 74 (1988): 467–468.Google Scholar
Sagan, L. A., Prisoners: Medical care of prisoners. In: W. T. Reich, Encyclopedia of Bioethics, Vol 3. (New York Free Press, 1978): P. 1346–1349; Kleinman, I., Force feeding: The physician's dilemma. Canadian Journal of Psychiatry 31 (1986): 313–316; Annas, G. J., Prison hunger strikes: Why the motive matters. Hastings Center Report 12 (1982): 21–22; Benatar, S. R., Jenkins, T., Hunger strikers and the medical practitioner. South African Medical Journal 75 (1989) 593; Muller, F. J., (Editorial) Newsletter. Natal Inland Branch of Medical Association of South Africa 24(3) (1989): 1–6; Befersford, D., Ten Men Dead. Grafton Books. London (1987).Google Scholar
Annas, supra note 19.Google Scholar
Id.Google Scholar
Muller, supra note 19.Google Scholar
Faculty of Medicine, University of the Witwatersrand. Voluntary total fasting-ethical, medical considerations. (A position paper adopted March, 1989). South African Medical Journal 76 (1989) 235–236.Google Scholar
Corillon, C. (Ed). Science and Human Rights. National Academy of Sciences Committee on Human rights, Washington (1988).Google Scholar