Torture and Ill-Treatment in Health Care Settings: Lessons from the United Nations

Journal of Law and Medicine, Volume 20, pp. 712-718 (2013)

7 Pages Posted: 16 Oct 2014

See all articles by Bernadette M. McSherry

Bernadette M. McSherry

Melbourne Social Equity Institute; Monash University - Faculty of Law; Melbourne Law School

Date Written: August 5, 2013

Abstract

A recent report submitted to the United Nations Human Rights Council by the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, raises a number of issues related to health care practice across all countries. The report analyses the nexus between the prevention of torture, the right to health, and the framework of the Convention on the Rights of Persons with Disabilities. Particular attention is paid to involuntary detention for medical conditions, reproductive rights violations, denial of pain treatment, the involuntary treatment of persons with psychosocial disabilities, and marginalised groups. Overall, the report seeks to highlight how certain types of mistreatment in the health care context might be addressed through a torture and ill-treatment framework when these violations can be seen to extend beyond the scope of the right to health. This column summarises some of the findings of the report and considers certain issues raised following its submission to the Human Rights Council.

Keywords: Torture, international law, the Convention on the Rights of Persons with Disabilities, involuntary detention, reproductive rights

JEL Classification: 00, K30, K10, K19, K32, K49, K14

Suggested Citation

McSherry, Bernadette M., Torture and Ill-Treatment in Health Care Settings: Lessons from the United Nations (August 5, 2013). Journal of Law and Medicine, Volume 20, pp. 712-718 (2013). Available at SSRN: https://ssrn.com/abstract=2306332

Bernadette M. McSherry (Contact Author)

Melbourne Social Equity Institute ( email )

Parkville, Victoria 3010
Australia

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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