Chapter 3: Rights and responsibilities
ACTIVITY: DETENTION OF MEDICAL PERSONNEL
Bearing in mind that this was not a situation of armed conflict, do you think that the government acted lawfully?
Yes, because the health-care workers were required to comply with domestic law.
No, because authorities should respect medical duties even if international humanitarian law does not apply.
Incorrect answer!
Even if a situation does not amount to an armed conflict, human rights law applies. According to this body of law, authorities must guarantee respect for health-care ethics, which require non-discriminatory treatment of medical personnel. Not complying with health-care ethics risks leaving the wounded and the sick in urgent need of assistance: arresting doctors and nurses for merely treating the wounded and the sick deprives health-care facilities of essential personnel and puts pressure on other workers to avoid detention by discriminating among patients.
Correct answer!
Even if a situation does not amount to an armed conflict, human rights law applies. According to this body of law, authorities must guarantee respect for health-care ethics, which require non-discriminatory treatment of medical personnel. Not complying with health-care ethics risks leaving the wounded and the sick in urgent need of assistance: arresting doctors and nurses for merely treating the wounded and the sick deprives health-care facilities of essential personnel and puts pressure on other workers to avoid detention by discriminating among patients.