Navy Nurse Should Not be Punished for Declining to Force-Feed Guantánamo Detainees

PHR Welcomes American Nurses Association’s (ANA) Statement Supporting Nurses’ Professional Autonomy

Physicians for Human Rights

New York, NY – 11/19/2014

Physicians for Human Rights (PHR) today welcomed the American Nurses Association’s (ANA) statement supporting a nurse who refused to force-feed Guantánamo detainees based on his professional ethical obligations. PHR urged the U.S. Navy to end any disciplinary actions against the nurse, who has been charged with misconduct and faces potential discharge from the military.

“Nurses, like physicians, have professional duties to respect the autonomous decisions of their patients and never participate in ill-treatment or torture,” said Dr. Vincent Iacopino, PHR’s senior medical advisor. “This nurse has shown exemplary commitment to his profession’s ethics by refusing to comply with a military policy that has no clinical justification and is inherently harmful. The Navy should not punish him for refusing to compromise established ethical principles.”

Today’s statement represents the first time the ANA has spoken publicly about force-feeding at Guantánamo, signaling the wider nursing community’s interest in the nurse’s situation and the military’s treatment of medical professionals. The ANA also released communications it had with top defense officials urging them not to punish the nurse for exercising his professional rights and duties. PHR emphasized that the codes of conduct for nurses and physicians mandate respect for patient autonomy and the principle of doing no harm, and that military clinicians are legally and ethically bound to comply.

The Navy is considering holding an administrative trial that could lead to the nurse’s discharge from the Navy, in which he has served for 18 years. His decision not to participate in force-feeding was revealed through Abu Wa’el Dhiab, a Guantánamo detainee challenging his force-feeding in federal court. Dhiab’s case has shed light on the cruel and unnecessary methods used at Guantánamo, including the use of five-point restraint chairs and forced cell extractions.

“All physicians and nurses share a duty to put their patients first and act in their best interests, no matter the circumstances,” said Widney Brown, PHR’s director of programs. “Punishing this nurse for upholding the humane treatment of his patients sends a message that medical professionalism is not respected at Guantánamo.”

The World Medical Association and the American Medical Association are among the leading medical groups that prohibit force-feeding of competent adults. PHR said that health professionals should never take part, and pointed out that the main purpose of the Department of Defense’s force-feeding policy is to keep detainees from protesting over a decade of indefinite detention without charge. In response to criticism of these practices, the U.S. government has applied secrecy rules to any information regarding its treatment of hunger strikers.

PHR calls on the U.S. government to:

  • Immediately end the practice of force-feeding hunger strikers and institute policies and procedures consistent with the World Medical Association’s Declaration of Tokyo and Declaration of Malta on Hunger Strikers;
  • Ensure that no health professionals are compelled to participate in force-feeding, and that those who refuse do not face disciplinary or retaliatory actions for complying with their professional obligations; and
  • Commit to full transparency around hunger strikes at Guantánamo and medical management policies and protocols, including the release of Dhiab’s force-feeding videotapes.

Physicians for Human Rights (PHR) is a New York-based advocacy organization that uses science and medicine to stop mass atrocities and severe human rights violations. Learn more here.

Media Contact:

Vesna Jaksic Lowe, MS
Deputy Director of Communications, New York
vjaksiclowe [at] phrusa [dot] org

American Nurses’ Association supports conscientious objection by U.S. Navy nurse

ANA Statement on the Rights of Navy Nurse to Refuse to Participate in the Force-feeding of Detainees at Guantanamo Bay

Statement attributable to ANA President Pamela F. Cipriano, PhD, RN, NEA-BC, FAAN:

ANA has been actively monitoring the force-feeding of detainees at Guantanamo Bay for more than two years, and we support the registered nurses in the military who have to make very difficult decisions related to either moving forward with or questioning any activity within a plan of care.

Professional registered nurses operate under a Code of Ethics that emphasizes the right to make independent, ethical judgments regardless of the setting in which nursing care is provided—even if this causes a nurse to experience conflict arising from competing loyalties.

The rights of registered nurses to honor their professional ethical obligations regarding force-feeding and other sensitive issues are absolutely protected and should be exercised without fear of retaliation.

We urge military leaders and health providers to uphold the ethical code of conduct to which all professional registered nurses are accountable and to be receptive to concerns raised by nurses or any other health care professional who is compelled, by an ethical commitment, to question any activity within the plan of care.

We do not believe this nurse should have to show cause for remaining in the Navy.

Euthanasia in the Netherlands is getting out of hand: ethicist who screened over 4,000 euthanasia cases

 LifeSite News

Jeanne Smits

A prominent professor of ethics who was once part of the Netherlands’ euthanasia bureaucracy has again voiced his qualms over the present interpretation and use of the Dutch euthanasia law in a lengthy interview published last week by the Protestant daily, Trouw.

Prof. Theo Boer is worried that current trends in the Netherlands are trivializing euthanasia to an extent that many who fought for legalization of “mercy killing” in the 1990s now privately express their opinion that it has gone too far. And it will be hard to turn back the clock, he acknowledges.

Theo Boer does not oppose euthanasia: on the contrary, he served as an ethicist for nine years on one of the five regional control commissions that monitor all cases of declared euthanasia in the Netherlands. He stepped down last September. [Full text]

Proposed Australian euthanasia bill may return in 2015

Medical Services (Dying with Dignity) Exposure Draft Bill 2014

The six member Legal and Constitutional Affairs Committee of the Australian Senate has issued a report recommending that Greens senator Richard di Natale reflect and consult further with experts concerning his euthanasia and assisted suicide bill.  The Committee also recommended that, if a revised bill is formally introduced, senators should be allowed a “conscience vote” on it. The bill has some provisions that provide some protection for objecting physicians, but they are problematic in some respects.

Should midwives opposed to abortion have the right to refuse any involvement in cases?

Landmark decision ‘could have severe impact on women’s care’, experts warn

Daily Mail

Lizzie Parry

Midwives who object to abortions could be allowed to opt out of any involvement with women who choose to terminate their unborn babies.

The UK’s Supreme Court will today hear an appeal after two Catholic midwives won a landmark case for the right to refuse any involvement in abortion procedures in 2013.

Mary Doogan, 58, and Connie Wood, 52, argued that being required to supervise staff involved in abortions was a violation of their human rights.

The women had no direct role in pregnancy terminations, but claimed they should also be able to refuse to support staff taking part in the procedures.

If the court upholds that decision it could set a legal precedent, allowing other midwives who object to abortions to take the same stance.

But the Royal College of Midwives and the women’s charity British Pregnancy Advisory Service (bpas) warned today that such a ruling could have severe implications for the care of women choosing abortions.

Ms Doogan and Ms Wood took their case against NHS Greater Glasgow and Clyde to the Court of Session in Edinburgh in 2012, but lost.

But in April last year, three appeal judges at the same court ruled their appeal should succeed.

Judges at the court will tomorrow hear an appeal by NHS Greater Glasgow and Clyde.

A spokesman for the RCM and bpas said the two bodies are ‘deeply concerned’ that the judgement ‘extends the right of conscientious objection beyond the provisions intended by the Abortion Act’. . . . [Full text]