Chapter 3: Rights and responsibilities

CONCLUSION: DETENTION OF MEDICAL PERSONNEL

Obligations of all parties to the conflict

Providing the wounded and the sick with medical care and attention:

➪ As far as practicable
➪ With the least possible delay
➪ Without discrimination

Responsibilities of health-care personnel

➪ Treating the wounded and the sick humanely
➪ Not abandoning the wounded and the sick
➪ Advocating and providing effective and impartial care without distinction

Rights of health-care personnel

➪ Right to demand assistance from the authorities

Obligations of all parties to the conflict

➪ Whenever circumstances permit, and particularly after fighting, all parties to armed conflicts must, without delay, take all possible measures to search for, collect and evacuate the wounded and the sick without adverse distinction.

Responsibilities of health-care personnel

➪ Assisting the authorities

Rights of health-care personnel

➪ Right to remind the authorities of their duty

Obligations of all parties to the conflict

➪ Not ill-treating, attacking, killing or otherwise harming the wounded and the sick and medical personnel
➪ Not attacking medical units, facilities and transports

Responsibilities of health-care personnel

➪ Not taking part in any act of hostility
➪ Not posing an immediate threat to the lives or the physical integrity of others
➪ Not taking undue risks while discharging their duties.

Rights of health-care personnel

➪ Right to be protected


Obligations of all parties to the conflict

Taking measures to protect medical units from attacks and foceful interference by:

➪ Ensuring a safe location
➪ Avoiding armed entrybr /> ➪ Ensuring essential needs

➪ Ensuring respect by third persons

➪ Protecting the wounded and the sick from ill-treatment and pillaging

Responsibilities of health-care personnel

➪ Persuading authorities to recognize their obligations
➪ Persuading authorities to prevent reprisals

Obligations of all parties to the conflict

➪ Respecting the right of access to health-care infrastructure, goods and services on a non-discriminatory basis
➪ Not arbitrarily denying or restricting the passage of medical personnel and supplies
➪ Permitting, facilitating and ensuring rapid and unimpeded passage of humanitarian relief (impartial and provided without distinction for civilians in need)

Rights of health-care personnel

➪ Right to remind authorities to give them access to the wounded and the sick

Obligations of all parties to the conflict

➪ Guaranteeing respect for health-care ethics
➪ Not harrasing or punishing medical personnel for respecting health-care ethics
➪ Not compelling medical personnel to disobey health-care ethics
➪ Not punishing medical personnel who refuse to obey orders incompatible with the law

Responsibilities of health-care personnel

➪ Ensuring that their practices are compatible with international humanitarian law, human rights law, and health-care ethics

Rights of health-care personnel

➪ Refusing to obey orders that do not comply with the law or with health-care ethics
➪ Continuing their professional work while in detention