Healthcare practitioners' ethical and legal obligations towards hunger strikers

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2016-03-11

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Marlow, Patricia Leigh

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Abstract

When faced with a hunger striking prisoner, health practitioners face the dilemma of their ethical duty to save lives on the one hand and their duty to respect the patient/prisoner’s right to autonomy on the other. Whilst some regimes opt for the approach that force-feeding should be mandatory, other bodies such as the World Medical Association favour the approach that force-feeding is cruel, inhuman and degrading. I take this further and argue that it also amounts to torture. There is insufficient guidance for health practitioners dealing with hunger striking prisoners. I therefore explore this topic further and provide insights as well as make proposals for health practitioners who find themselves in this situation. I examine the various methods used to force-feed a hunger striker, most of which are extremely cruel and inhuman, and demonstrate how these methods fall within the definition of torture. I look at the ways in which various countries around the world respond to hunger strikers and use these to highlight and illustrate some of my arguments and proposals. I also examine the ethical situation regarding force-feeding and make proposals regarding a health practitioner’s ethical obligations towards hunger strikers.

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A research report submitted in partial fulfilment of the degree of MSc. Med (Bioethics and Health Law), Steve Biko Centre for Bioethics, Faculty of Health Sciences, University of the Witwatersrand, Johannesburg May 2015

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