Appropriate Responses to Prisoner Hunger Strike

Appropriate Responses to Prisoner Hunger Strike Imprisonment and Human Rights Discuss the appropriate response to a prisoner who goes on hunger strike. Is it ever justified to force feed a prisoner who refuses to eat? Hunger strike is a dilemma for prison authorities. It is like two sides of a coin, they have to make a choice, to save the life of the prisoners or to let them die. Prisoners hunger strike has been conducted for years in many parts of the world aimed to reach certain goals, solidarity, political struggle and to express opinions. States have the responsibilities to maintain prison security while at the same time preserving the health and well-being of prisoners on hunger strike. The relevant legal framework on state responsibility in the issue of hunger strike and force feeding is the European Convention on Human Rights, Article 2 on the Right to Life and Article 3 prohibition of torture, and for the United Kingdom Human Rights Act 1998 under the same articles. Other related provision would be Article 8 on the right to private life (ECHR). The duty of the prison authorities to preserve prisoners health and life, including conducting force administering food best described in  Leigh v Gladstone  (1909). During that period of time the Home Secretary had the obligation and the power to prevent prison suicide including force-feeding prisoners who went on hunger strike. Suicide, abetting and aiding of suicide was considered a criminal act. Lord Alverstone CJ states that it was the duty of prison officials to preserve the health of prisoners in their custody and that duty extended to force feeding In this case Article 2 prevails under the condition that suicide is an act of crime. In the case of R. , S. , A. and C v. Portugal, the European Commission on Human Rights found that it was certainly disturbing that such along time could have elapsed without the applicants being put under medical supervision There is a fine line to distinguish hunger strike from suicide, and it is not an easy task. Most philosophers argue that suicide can be accomplished by passive means, such as refusal to eat As hunger strike could lead to the possibility of death, it is still a question whether it is an act of suicide or merely an exercise of right of self determination. John Williamss hunger strike categorizations may give a clear description on the motive and the type of hunger striker. However, he also realizes that placing a prisoner within one of the categories is difficult particularly in analysing the situation when death is a possibility, although not an objective and death is the desired objective. Thus Annas observes that the courts have concluded that a refusal of treatment that inevitably leads to death is not a suicide. The most important example is the 1981 Irish hunger strike where it was carried out to achieve certain objectives and realizing that the result could lead to death. It was clear that the objective of the Irish hunger strikers was to get the political status which they desire, and the primary motive is not suicide. Dolores Dooley-Clarke pointed out an interesting question, if death resulted from prisoner political protest, could it be a suicide or murder? She elaborates that none of the above fits hunger strike categorisation. In the case of Irish hunger strike and other similar prisoner political protest, Dolores Dooley-Clarke suggests that the capacity to plan a hunger strike and state ones intention (†¦) is not characteristics of all suicide attempts-some suicides depend on impulse or diminished awareness of the full implications of the act. Thus, many psychiatrists support the statement that suicide does not fits to the categorisation of hunger strike. Robert Daly, professor of psychiatry at University College, Cork, believes that nothing is achieved or clarified by simply equating hunger strikers with attempted suicides related to schizophrenia or chronic drug addiction. In line with the above statement, British Medical Association states that a hunger strike lead to death cannot be regarded as suicide. Thus, it is tricky to implement the correct treatment to the prisoner who goes on hunger strike where motive could be deceitful. As Annas elaborates, motivation is the most crucial distinction between patients who refuse treatment and prisoners who refuse to eat. Because the latter generally seek either to manipulate the prison system for their own benefit or to commit suicide. If the motive is solely to die due to there is no other alternative method of suicide other than starving himself to death, than the suicidal motive is clear. If that is the case, the prison authorities have the power to intervene and save ones life. This responsibility to prevent prisoner suicides was considered by the House of Lords, in the words of Lord Hope: The duty of those who are entrusted with his custody is to take reasonable care for his safety while he remains in their hands. If it is known that he may engage in self mutilation or suicide while he is in their custody, their duty is to take reasonable care to prevent him from engaging in these acts so that he remains free from harm until he is set at liberty. This duty is owed to the prisoner if there is at risk, irrespective of whether he is mentally disordered or of sound mind. It arises simply from the act that he is being detained by them in custody and is known to be at risk of engaging in self-mutilation or of committing suicide. However, it became a complicated issue since most of hunger strikers have a specific objective, to protest or to change policy and demand their request to be heard or fulfilled by the competent authorities. Prison authorities rely on doctor or medical officer to decide whether the prisoners should be fed artificially, on the other hand, doctors have certain medical ethics not to force-feed them and must respect prisoners autonomy and right to accept or refuse medical care. World Medical Association Malta Declaration declared that force-feeding is a form of inhuman and degrading treatment. Article 5 of the 1975 World Medical Association Tokyo Declaration states that doctors must not undertake force-feeding under any circumstances: Where a prisoner refuses nourishment and is considered by the physician as capable of forming an unimpaired and rational judgment concerning the consequences of such a voluntary refusal of nourishment, he or she shall not be fed artificially. The decision as to the capacity of the prisoner to form such a judgment should be confirmed by at least one other independent physician. The consequences of the refusal of nourishment shall be explained by the physician to the prisoner. Prisoners right to be informed on the risk that may cause from such treatment is protected by Article 8 ECHR. Force-feeding likely to be seen as inhuman degrading and amount to torture due to the painful method carried out in its procedures. During the Greek civil war force-feeding caused horror and led the prisoners to stop the hunger strike, not only it is terrifying but it could also result to death. In recent case, the horrific image of force-feeding again could be seen on the hunger striker prisoners in Guantanamo Bay. As Lawrence Altman stated, force-feeding is likely to involve dragging the prisoners to the site of feeding, and using physical restraints to present the removal of the feeding tube. Placing the tube may also be tricky and could result in fatal complications should it enter the trachea Taking into account the high stakes place into the shoulder of the medical officer, their ethical integrity must also be protected. The relation between prisoner hunger striker patient and the medical authorities thus become complicated. State has the obligations to preserve ones life and to prevent suicide, and at the same time to respect absolute right of freedom from torture. In the case of  Nevmerzhitsky v Ukraine, it was held that there had been a violation to Article 3 of ECHR, the force feeding of the applicant, without any medical justification (†¦. ), constituted treatment of such a severe character warranting the characterizations of torture. The medical necessity of force-feeding emphasized in this case. Looking into the judgement, it seems that force-feeding indeed can be justified in certain way. The term medical necessity amounted to a way for the prison authorities to place the burden on the medical officers to make the decision. This could be portrayed in the response of Home Secretary, Roy Jenkins (1975) in the case of force-feeding against Ian Brady: The responsible medical officer has decided, on the basis of his professional judgment that Ian Brady should be fed artificially. (†¦) I could not interpose myself between the clinical judgment of a doctor and his patient. The court found that there has been no violation to Article 3 of ECHR in the case of  A v Germany. In  A v Germany, the commission underlined that force-feeding is even obligatory if an obvious danger for the individuals life exist. Given the obligations of states parties to secure the right to life under Article 2 of ECHR, the commission justified the act of force-feeding. Personal mentality of the hunger striker thus become a focal point for doctors and physician to determine whether the person has the mental capability to make his own judgment and decision to hopefully end his actions in a reasonable time. In  Herczegfalvy v Austria, force feeding of a prisoner was justified on the basis of therapeutic and medical necessity. Mr Herczegfalvy was diagnosed suffering from paranoia  querulans, in the view of medical judgement he was incapable to make the decision for himself. Regardless his refusal to consent any medical treatment and examination that would be conducted upon him, the court on the above circumstances found no violations to Article 3 of ECHR against force administering food. Article 3 on prohibition on torture and Article 2 on the right to life (ECHR) conflicted with one another in this matter. In the case of hunger strike, medical treatment plays a key role, it has dilemmas when the treatment contrary to the patients wish, no consent given from the patient, and how far is such treatment could be amounted to violate one person dignity thus subject to inhuman, degrading treatment, and torture. Doctors have freedom to engage clinical judgment to its patients, however as Dolores pointed out, it becomes a dilemma as the freedom of clinical judgment is a two-edged sword: the ethical beliefs of the doctor may conflict with a prisoners patient expressed wishes not to be treated. Prison authorities and medical officers must in any way approach the hunger striker and inform them on the risk for pursuing hunger strike or the risk on force-feeding, here the right to respect the private life (Article 8) should be clearly engaged in situations concerning disclosure of information that will enable individuals to make decisions that may have an impact on their health. In 1981 Irish hunger strike, the British Government decided not to force-feed the hunger striker. Margaret Thatcher refused to give any concessions and stated We are not prepared to consider special category status for certain groups of people serving sentences for crime. Crime is crime is crime, it is not political. 10 hunger strikers died to defend their five demands. In  Robb v Secretary of State for the Home Department, the wish of the hunger striker, who had a sound of mind and the capacity to understand the risk and the consequences of his decisions, to refuse the medical treatment should be respected. J Thorpe stated: The first principle is that every persons body is inviolate and proof against any form of physical molestation. (†¦) Secondly, the principle of self-determination requires that respect must be given to the wishes of the patient. So that if an adult of sound mind refuses, however unreasonably, to consent to treatment or care by which his life would or might be prolonged the doctors responsible for his care must give effect to his wishes even though they do not consider it to be in his interest to do so. In contras to  Leigh v Gladstone  (1909) case, in  Robb  case the secretary of state was granted the declarations that medical and prison staff could lawfully abstain from their responsibility from taking force artificial food or prolonging the life of the patient in the basis of the patients refusal to the medical treatment. Here, Andrew Grubb suggested that in view of the above resulted to the decision in  Robb  case that theres no obligation for the prison authorities to intervene. State has the interest in preventing suicide and preservation of life. In  Airedale NHS Trust v Bland  refusal of a medical treatment is not a suicide or aiding a suicide. Sir Thomas Bingham M.R pointed out when the patient was adult and of sound mind, a doctor discontinues artificial feeding after three years and the patient dies. Has the doctor aided and abetted suicide? I think the answer plainly is that he has not. In  Re:W, the prisoner patient concern with a sound mind has the mental capacity to make decisions on his behalf and therefore his refusal to medical treatment will be respected even if it would lead to his death. As elaborated in the above cases, it was found that the right of an individual to refuse treatment strongly outweighs the interest in the preservation of life. Similar to the above cases, in the United States, Supreme Court of California in the case of  Thor v Superior Court  held that a competent patient (prisoner) has the right to accept or to refuse medical treatment even at the risk of death. Here, the right to exercise self-determination prevails in a condition of a competent patient. In R. v.Collins and Ashworth Hospital Authority ex p. Brady, Brady argues that the force-feeding was unlawful taking into account that he is mentally competent. As mentioned on the above case laws, a competent prisoner cannot lawfully be force-fed. However, in Bradys case, the hospital experts observation on his mental incapacity justified the lawfulness of the force-feeding conducted upon him. Personal motivation, mental capacity, and the consent of the prisoner hunger strikers is the main points that would be taking into account for the prison authorities and the medical staff to make their decision. Force-feeding of the prisoner who goes on hunger strike should be carried out in accordance to the points above. Motivation and sound of mind of the hunger striker determine the objective of such actions to differentiate it from suicide. As in  Robb  case, the prison authorities and medical staff are avoid from unlawful act for being abstain of conducting a medical treatment in the basis of refusal of prisoner with a sound mind. While in  Bradys case, force-feeding was conducted in concern of the prisoners motivation to commit suicide by starving himself to death. In regards to the patients with a sound of mind, the right of self determination prevails, and therefore to administer food in force is not justified. However, in certain cases such as Bradys, force-feeding is justified in the basis of preserving ones life. In view of prohibition of torture, it is clear that force-feeding is so horrific thus lead to inhuman and degrading treatment, therefore prison authorities and medical officers should inform the hunger striker patients on the risk of such action. Article 2 on the right to life would only prevails Article 3 on prohibition of torture if theres a definite reason on the basis of medical necessity and the inability of the patients to make a decision for them. In regards of cases where death is the primary objective, such as  Bradys, preserving ones life comes first before self determination. The prisoners right to refuse any medical treatment or force-feeding should be respected, nevertheless it should be noted that medical necessity and mental incapacity would play a key role on making the decision to outweigh that right. Bibliography Gudmundur Alfredson and Katarina TomaÃ… ¡evski (eds),  A Thematic Guide To Documents on Health and Human Rights  (The Hague: Martinus Nijhoff Publishers) (1998) Human Rights Watch, Prison Conditions in the Soviet Union: A Report of Facilities in Russia and Azerbaidzhan (New York: Human Rights Watch) (1991) Kieran McEvoy, Paramilitary Imprisonment in Northern Ireland: Resistance, Management, and Release (New York: Oxford University Press) (2004) Human Rights Watch, Africa Watch Prison Project,  Prison Conditions in South Africa  (New York: Human Rights Watch) (1994) Fran Lisa Buntman,  Robben Island and Prisoner Resistance to Apartheid  (Cambridge: Cambridge University Press) (2003) John Wadham, Helen Mountfield, and Anna Edmundson,  Blackstones Guide to The Human Rights Act 1998  (Oxford: Oxford University Press) (2003), p. 49. Barbara Harvey and John Marston,  Cases and Commentary on Tort (4th  Edition)  (Essex: Pearson Education Limited) (2000) European Convention on Human Rights and its Five Protocols, available at http://www.hri.org/docs/ECHR50.html#C.Art8 As cited in  R v Secretary of State for the Home Department v Robb  [1995] 1 All ER 677, available at http://www.lexisnexis.com/uk/legal/results/pubTreeViewDoc.do?nodeId=TAANAAEACEpubTreeWidth=23% Office of the High Commissioner for Human Rights in cooperation with the International Bar Association,  Professional Training Series No, 9 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers(New York: United Nations Publications) (2003), p. 345 Norman L. Cantor George C. Thomas,  The Legal Bounds of Physician Conduct Hastening Death in the USA, in Yoram Distein (eds), Israel Yearbook on Human Rights (The Hague: Martinus Nijhoff Publishers) (2000) John Williams, Hunger-Strikes: A Prisoners Right or a Wicked Folly,  The Howard Journal  vol. 40 no. 3 (2001) George J. Annas, Law and the Life Sciences: Prison Hunger Strikes: Why the Motive Matters,  The Hastings Center Report  vol.12 no. 6 (1982), p.21-22. Dolores Dooley-Clarke, Medical Ethics and Political Protest,  The Hastings Centre Report  vol. 11 no.6 (1981) British Medical Association, Medicine Betrayed: The Participation of Doctors in Human Rights Abuses (London: Zed Books) (1998) George J. Annas, Loc. cit British Medical Association, Loc. cit World Medical Association Declaration on Hunger Strikes (1991) (1992) (2006), Article 21, available at http://www.wma.net/e/policy/h31.htm The World Medical Association Declaration of Tokyo, Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment (1975), Article 5, available at http://www.wma.net/e/policy/c18.htm Polymeris Voglis,  Becoming a Subject: Political Prisoners during the Greek Civil War  (New York: Berghahn Books) (2002), p. 193. David Rose,  Scandal of force-fed prisoners,  The Observer, January 8, 2006, available at http://www.guardian.co.uk/world/2006/jan/08/usa.guantanamo Lawrence Altman as cited by George J. Annas, Law and the Life Sciences: Prison Hunger Strikes: Why the Motive Matters,  The Hastings Center Report  vol.12 no. 6 (1982), p.22 Nevmerzhitsky v Ukraine  , available at >http://www.westlaw.co.uk Jenkins, as cited by John Williams, op. cit, p.285  A v Germany,  available at http://www.westlaw.co.uk Ibid. Herczegfalvy v Austria,  available at http://www.westlaw.co.uk Dolores Dooley Clarke, op. cit, p.7 Jane Wright,  Tort Law and Human Rights  (Oregon: Hart Publishing) (2001), p. 66 http://www.inac.org R v Secretary of State for the Home Department v Robb  , op. cit Ibid. see http://medlaw.oxfordjournals.org/cgi/reprint/3/2/189.pdf As cited in Rosamund Scott,  Rights, Duties and the Body: Law and Ethics of the Maternal-Fetal Conflict  (Portland Oregon: Hart Publishing) (2002), p. 136

Graduation Speech :: Graduation Speech, Commencement Address

Not only are we the class of 2006, but those you see before you now are also the future of our society. Our generation has, thus far, failed to establish the same type of defining characteristic as our predecessors. We are not the Baby Boomers, the Flower Children, or the Generation Xers. Instead, we are the most worldly generation yet to come. There is no doubt that our exposure to a vast array of media has permanently shaped our lives. However, only our futures will tell to what effect. As we look forward into the great "Abyss" that is our future, "Titanic" opportunities surround us. As the end of our "Nine Months" nears, many of us will choose to further our academic educations while still others will further their vocational skills in the workplace. Whatever each of us chooses, we cannot be "Clueless" in that the decisions that we make today will lead us either to a personal "Armageddon" or to becoming "Larger Than Life." Today is our "Judgment Day." At this very moment, our ability to determine our fates is "As Good As it Gets." We are faced with the option of continuing to go "Good Will Hunting." Do we choose to live selfishly, consumed by the present, or plan our lives as though we were going "Back to the Future"? We must take "The Stand" to ensure that, with all due "Speed" the lives that we begin to sculpt for ourselves tonight are worthy of our time and effort, and will be more than just financially rewarding. This is a part of "The Big Picture." If we allow ourselves to be consumed by the things that we've always been told we should want, we quickly find that "Reality Bites." Before chasing after a certain lifestyle, like fortune, "Fame, Mo' Money," or "Absolute Power," we need to determine what we want from life. If these factors are truly important, then by all means, we must chase after our dreams with the attitude of "I'll Do Anything" to achieve my goals. However, we must never allow our morals, ethics, beliefs or goals be compromised. We will never be happy if we allow our individual beliefs to be "Ransomed" by the false ethics of others. We must be true to ourselves, and remember that you "Can't Buy Me Love" or happiness. No matter how well we conform to the ideals of others, we can never be happy if we fail to conform to our own.

Comparative Religions Essay

Judaism began in Israel, 2000 BCE. Christianity began in the middle east it began about 2000 years ago. Christianity is the religion based on the person and teachings of Jesus of Nazareth, or its beliefs and practices. Judaism is the monotheistic religion of the Jews, based on the laws revealed to Moses and recorded in the Torah. Christianity and Judaism are similar and different in many ways, Both Religions believe in Jesus, they have a lot different beliefs, Both religions have Bibles, Christians has the bible, Jews have The Torah. Both religions believe in Jesus. Both religions believed in him but the Christians believed he would come back and that he was very special, Jews did not think all the same as the Christians. Jews do not believe that Jesus was divine, the Son of God, or the Messiah prophesied in Jewish scriptures. He is seen as a â€Å"false messiah,† someone who claimed the mantle of the Messiah but who ultimately did not meet the requirements laid out in Jewish beliefs. Christians believe that Jesus will come back to Earth to save/protect them. Religions have their agreements and their disagreements. The religions have a lot of different beliefs. They have lists and lists of different beliefs of Christians and Jews. Some of those beliefs are, Judaism says that no human can ever die or atone for the sins of others and sins can only be atoned for by animal sacrifice or prayer and restitution. Whereas Christianity says that Jesus died for the sins of mankind. Judaism says that all humans are born pure, and innocent. Christians say that all humans are born with ‘original sin’. Jews say that no man gets a ‘second coming’ and the Messiah will not need one. Christians say that Jesus will have a ‘second coming’. These are only a few of the many different beliefs. Comparisons of the two religions are they both have books basically â€Å"Bibles†, but there not both called bibles. For Christians it is a Bible for Judaism it is a Torah. They both hold basically the same things, Their beliefs. Now the information in the books are not completely the same. Because of the different beliefs. But the books are used for the same reason so people who follow the religion can worship their religion. Christianity and Judaism are very close religions but yet very different. They are the same because, Both Religions believe in Jesus, Both religions have Bibles, Christians has the bible, Jews have The Torah. They are also very different because they have a lot of different beliefs.

Human Perception Of The World - 890 Words

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