WMJ 03 2004
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WorldMMeeddiiccaall JJoouurrnnaall
Vol. No.3,september200450
OFFICIAL JOURNAL OF THE WORLD MEDICAL ASSOCIATION, INC.
G 20438
Contents
EEddiittoorriiaall
Fifty Years Of Smoking Research 57
Public/Private Financing and Health Research 58
Genetics Underlying Diabetes 59
MMeeddiiccaall EEtthhiiccss aanndd HHuummaann RRiigghhttss
Migration of Health workers:
Critical issues in the global debate 60
Biomedical Research In Europe 64
UN Standard Minimum Rules for the
Treatment of Prisoners 66
MMeeddiiccaall SScciieennccee,, PPrrooffeessssiioonnaall PPrraaccttiiccee
aanndd EEdduuccaattiioonn
Medical Associations and Global Health
Emergencies – The Canadian Experience 67
Patient Safety – the Collaboration
between the health professions in Japan 69
WWMMAA
How does the world treat our children? 70
A new online course for prison doctors 72
WWMMAA SSeeccrreettaarryy GGeenneerraall 74
WWHHOO
Mental disorders are widespread,
disabling and often go untreated 75
The Health Academy: a first step
towards a virtual school to
promote public health world-wide 76
The WHO Framework Convention
on Tobacco Control on track
to become law by the end of the year 77
Medical Plants – Guidelines To
Promote Patient Safety And Plant
Conservation For A US$ 60 Billion Industry 78
Dire Health Consequences For
Millions Of People In Darfur, Sudan,
And Calls For Intensified Health Response 79
RReeggiioonnaall aanndd NNMMAA NNeewwss 80
RReevviieeww 83
00_US_03_2004.qxd 14.09.2004 15:46 Seite 1
Fifty Years Of Smoking Research
Sir Richard Doll*
The fiftieth anniversary of the first publication of the Journal of the World Medical
Association also saw the fiftieth anniversary of the publication of the results of an epidemi-
ological study1
of the effects of something that many people at the time thought to be of
little or no international importance, but which is now beginning to equate internationally
with the big three: AIDS, Malaria and Tuberculosis. The study, which was continued for
50 years, was the first of a series of cohort studies of the effect of smoking, and was begun
in October 1951 to test the validity of the conclusion that had been reached a year earlier2
that cigarette smoking was “an important cause of carcinoma of the bronchus.”
This conclusion had been based on the results of personal enquiries of 709 pairs of patients
with and without lung cancer and had been tentatively supported, with varying degrees of
strength, by seven other studies of a similar type in Germany, the Netherlands and the
USA3
. Few people, however, and no Government had taken the conclusion seriously. A
new approach, by some different method of investigation, was evidently needed. In the UK
this took the form of writing, with the help of the British Medical Association, to all doc-
tors resident in the country and seeking details of their smoking habits, with the intention
of following them for 5 years to see if knowledge of their habits would enable their risk of
developing cancer of the lung to be predicted.
In the event, replies were received from over 34 000 male and 6000 female British doctors.
Within 3 years the first results confirmed the predicted relationship. When, however, five
years had passed and the study was planned to stop, other diseases began to be seen to be
associated with smoking and observations were continued for 50 years, before the final
results of the study were published earlier this year4
. By then, other similar studies had
been carried out in Canada, Germany, Japan, the Netherlands, Sweden and the USA. The
associations observed with some 40 diseases had, for the most part, proved to be causal,
and the epidemic of cigarette (or bidi) smoking, so much more hazardous than the smok-
ing of pipes or cigars, had been shown to be a major cause of mortality in nearly all devel-
oped countries. In the extreme case of the UK, where the prevalence of cigarette smoking
by young men had first became predominant, smoking was estimated to have been respon-
sible in the mid 1970s for as much as 25% of all deaths (in men) from all causes5
. For the
regular cigarette smoker who persisted with the habit the average loss of expectation of life
was 10 years and, of course, much more for the half of them who died prematurely as a
result of their habit in middle age.
Fifty years, one might have thought, was more than enough for the lesson to have been
learned and action taken internationally to counter the blandishments of the tobacco indus-
try. But as smoking has been reduced in countries where the total effects first began to be
seen, and a substantial proportion of smokers in them had abandoned the habit, the indus-
try has turned its attention more and more to the billions of men and women in the devel-
oping countries, who have not yet had the bitter experience of seeing the worst effects
amongst their own relatives and friends. That it will have a comparable effect in all coun-
tries is already clear, although the types of disease most affected will differ from country
to country depending on the background distribution of disease – cancer of the lung every-
where, but chronic obstructive pulmonary disease, oesophagus cancer and stroke in China
rather than myocardial infarction6,7
, and tuberculosis, most notably in some parts of India8
.
The lessons of fifty years are not, however, all depressing; for it is now clear that stopping
smoking reduces the risk and can reduce it to a very large extent. In the study of British
doctors who began smoking an average of 18 cigarettes a day at a mean age of 18 years,
stopping around 50 years of age halved the risk, while stopping around 30 years of age
almost eliminated it4
.
Guest Editorial
57
OFFICIAL JOURNAL OF
THE WORLD MEDICAL
ASSOCIATION
Hon. Editor in Chief
Dr. Alan J. Rowe
Haughley Grange, Stowmarket
Suffolk IP14 3QT
UK
Executive Editor
Dr. Ivan M. Gillibrand
19 Wimblehurst Court
Ashleigh Road
Horsham
West Sussex RH12 2AQ
UK
Co-Editor
Prof. Dr. med. Elmar Doppelfeld
Ottostr. 12
D-50859 Köln
Germany
Business Managers
J. Führer, D. Weber
50859 Köln
Dieselstraße 2
Germany
Publisher
THE WORLD MEDICAL
ASSOCIATION, INC.
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At present rate-card No. 3 a is valid.
The magazine is published quarterly.
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Printed by
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ISSN: 0049-8122
The action of the World Health
Organisation in seeking an International
agreement to discourage the spread of
smoking may be thought to have been
unduly delayed, but it is welcome now and
deserves the full support of the World
Medical Association.
At the time of writing, this Framework
Convention on Tobacco Control had
already been signed by 168 of the 192
countries of the world and ratified by 24. It
bans the promotion of the use of tobacco,
prevents the industry from interfering in
any legislation to improve public health,
and inter alia requires the public to be fully
informed about the hazards of smoking. If it
succeeds it will have a major effect on mor-
tality in the second half of the 21st century.
It will, however, be possible to diminish
seriously the 450 million deaths from
smoking that are estimated to occur world-
wide in the first half of the century if pre-
sent smoking habits continue5
, only if there
is intensive education to persuade current
smokers to stop and to provide medical help
for the many who are already heavily
addicted.
1. Doll, R. and Hill, A.B. (1954) The mortality of doctors
in relation to their smoking habits. A preliminary report.
BMJ 228(i):1451-55.
2. Doll, R. and Hill, A.B. (1950) Smoking and carcinoma
of the lung. BMJ 221(ii):739.
3. Doll, R. (1998) Uncovering the effects of smoking: his-
torical perspective. Stat Methods Med Res 7,87-117.
4. Doll, R., Peto, R., Boreham, J. and Sutherland, I. (2004)
Mortality in relation to smoking 50 years observations
on male British doctors. BMJ,320 ,1097-1102.
5. Peto, L., Lopez, A., Boreham, J., Thun, M., Heath, C.
(1994) Mortality from tobacco in developed countries:
indirect estimation from national vital statistics. Oxford
University Press, Oxford.
6. Liu, B.Q., Peto, R., Chen Z.M., Boreham, J., Wu Y.P., Li,
J.Y., Campbell .TC., Chen, J.S. (1998) Emerging hazards
in China: proportional mortality studies of one million
deaths. Brit Med J, 317, 1411-1422.
7. Niu, S-R., Yang, G-H., Chen, Z-M., Wang, J-L., Wang,
G-H., He, X-Z., Schoepff, H., Boreham, J., Pan, H.C.,
Peto, R. (1998) Emerging tobacco hazards in China: 2.
Early mortality results from a prospective study. Brit
Med J, 317, 1423-1424.
8. Gajalakshmi, V., Peto, R., Kanaka, T.S. and Jha, P.
(2003) Smoking and mortality from tuberculosis and
other diseases in India: retrospective study of 43,000
adult male deaths and 35,000 controls. Lancet 362:507-
15.
9. www.who.int/tobacco/fctc/text/final
* Epidemiological Studies Unit, University of Oxford,
Harkness Laboratory, Radcliffe Infirmary, Oxford OX2
6HE.
Financing of every aspect of health care has
been of major concern at both national and
international levels for decades. At the
national level the more developed and
sophisticated the society, the greater the
political problem in seeking to meet the high
expectations of the population. For the
developing countries and relevant interna-
tional bodies the concern is to ensure ade-
quate support to finance health care for the
major causes of morbidity and mortality, not
only because of the threats to the individual
citizen, but because of the impact of disease
on the national economy.
Over the past two decades there has been a
move to explore alternative methods of
finance, notably the establishment of pub-
lic/private financing partnerships. This
applies to both countries with so-called
nationalised health care systems such as the
British National Health Service and other
so-called “liberal” systems, in which, how-
ever, government regulation also plays a
part even if only by regulating the activities
of health care providers or insurance
schemes.
Public/Private initiatives have been variously
viewed with enthusiasm and scepticism.
Nevertheless over the past few years there
has been increasing experimentation with
this concept, which has been encouraged by
both the present and immediate-past Director
Generals of the World Health Organisation.
This is well illustrated by the Stop TB pro-
gramme and the HIV/AIDS initiatives. In
both cases partnerships involved both phar-
maceutical and non-health related institu-
tions. Collaboration included both funding of
joint research initiatives and also facilitating
the availability of measures to contain and
reduce the incidence of specific diseases and
also to provide appropriate treatment.
The recently announced potential break-
through in anti-malarial treatment promises
to add weight to the evidence of the value of
public/private partnerships. In the World
Medical Journal (WMJ(2004) 50 (2),p46),
reference was made to the potential value of
Artemisinin in the treatment of Malaria, one
of the three great global scourges of morbid-
ity and mortality. In a partnership involving
several international funding sources (a non
profit making organisation, a Generic drug
manufacturer, scientists from various uni-
versities, a research Foundation and propri-
etary drug manufacturer), research has
developed a new drug based on the structure
of Artemesinin, which appears to be an even
more effective anti-malarial than
Artemesinin itself. Furthermore, this prod-
uct, by avoiding the expensive and laborious
extraction processes involved in extracting
Artemesinin at present, the cost of treatment
is likely to be one US dollar or less. This
intensive research effort, made possible by
the use of public/private partnership, will no
doubt encourage the use of this financing
mechanism for research relating to major
international diseases. It is important to note
that in the context of this initiative it is
understood that any profits will be shared
between one funder and the drug manufac-
turer, but that the profits will be re-deployed
back into research. If the promise of the
effectiveness of the new drug is confirmed
in trials over the next two years, this promis-
es to save a million lives a year in Africa
alone.
Editorial
58
Public / Private Financing and Health Research
Classification
Type I diabetes1
is caused by an absolute
lack of insulin, and its treatment is based on
insulin replacement. Type I diabetes repre-
sents 15-20 % of cases of diabetes mellitus.
The peak incidence is between 10-14 years
of age. The incidence varies markedly from
country to country (from about 3-40 ca-
ses/100.000/year) and is increasing in
many countries. The average increase in
European children under 15 years of age
for example is 3-4 % each year.
Antigen targets for auto-immunity in pancre-
atic β-cells (islets of Langerhans) include
glutanic acid decarboxylase and insulin. The-
re are genetic and environmental influences –
the major susceptibility is associated with
human leucocyte antigen (HLA) class II im-
mune response genes – but in more than 90
% of cases there is no family history of dia-
betes. Likely environmental triggers for type
I diabetes in genetically susceptible individu-
als include toxins and viruses.
Type 2 diabetes2
(which replaces the terms
‘non-insulin-dependent’ and ‘maturity-on-
set’ diabetes) is the commonest form of the
disease, accounting for 85-95 % of all cases
worldwide, and effecting 5-7 % of the worl-
d’s population. The prevalence varies great-
ly throughout the world from less than 1 %
in rural China to over 50 % in the Pima In-
dians of Arizona. Differences may result
from the impact of the diabetogenic Wester-
nised lifestyle (decrease in physical activity,
lack of exercise; increased energy intake
from excessive sugar, fats and ‘junk’ foods)
on diverse genetic backgrounds – which
may include ‘Thrifty’genes that in evolutio-
nary selection favour fat storage and/or bu-
ild up of insulin resistance by the tissues.
It is estimated that the global prevalence of
type 2 diabetes will have doubled by 2025,
relative to 1995 figures, to a total of 270
million people. The greatest increases will
be in the developing world, among econo-
mically productive adults aged 45-65
years.
Environmental risks for type 2 diabetes in-
clude obesity (which accounts for 90 % of
acquired risk) and physical inactivity. Mal-
nutrition in utero and infancy may predis-
pose to type 2 diabetes in adult life by ‘pro-
gramming’ pancreatic β-cell failure and
the development of insulin resistance. Ob-
esity, especially with abdominal and visce-
ral fat accumulation, induces insulin resi-
stance in the tissues and is associated with
glucose toxicity and cardiovascular risk
factors such as hypertension and dyslipi-
daemia. Potentially diabetogenic factors
produced by adipose tissue include free
fatty acids, which can interfere with gluco-
se metabolism and therefore the action of
insulin in liver and skeletal muscle.
Clinical presentations of type 2 diabetes
include raised blood sugar, intercurrent
urinary or genital tract infections – and as
an incidental finding in 30 % of cases. In
the UK fifty patients present with type 2
diabetes, and a further fifty don’t know
they are developing the disease (which can
take several years). Hyperosmolar non-ke-
totic coma occurs, but ketoacidosis is rare
unless precipitated by severe intercurrent
illness, such as myocardial infarction or
overwhelming infections.
Diabetic complications such as retinopa-
thy, macular degeneration, nephropathy,
neuropathy, coronary, cerebrovascular and
peripheral vascular disease, in particular in
the feet, are commonly found at diagnosis.
A new classification of diabetes was adop-
ted in 1997 by the American Diabetes Asso-
ciation3
and later in 1999 by a group of ex-
perts under the auspices of WHO4
. This was
based on aetiology rather than treatment.
Type Ia (about 90 % of type I cases in Euro-
pe) is due to autoimmune destruction of the
β-cells in the islets of Langerhans, and type
Ib where these is no evidence of autoimmu-
nity. Another diabetic subtype resembling
type 2, but showing serological evidence of
autoimmunity, is referred to as latent auto-
immune diabetes in adults (LADA), com-
prising about 10-25 % of type 2 cases.
There may be other forms of insulin-defi-
cient diabetes. Modern techniques for hor-
mone and receptor characterisation, toget-
her with molecular genetics, show diabetes
to be a family of diseases. It is clear that pe-
ople are affected by the immune process of
the diabetic condition both before and be-
yond the stage of strict insulin dependence.
Genetic factors in diabetes
A striking feature of mature-onset diabetes
is the strength of its genetic component,
which is much greater than in type I diabe-
tes – it is estimated to account for 40-80 %
of total disease susceptibility. In identical
twins type 2 diabetes is highly concordant
(60-90 %), but in non-identical twins this is
less so, at 17-37 %. The risk of developing
type 2 diabetes increases strikingly if there
is a family history of the disease, especially
among the first-degree relatives.
Diabetogenic genes could influence either
or both of the basic defects in type 2 diabe-
tes, namely insulin resistance genetically
expressed in the tissues or the inability of
the pancreatic β-cells in the islets of Lan-
gerhans to secrete enough insulin. Candida-
te genes therefore include: (1) signalling
mediators and enzymes on metabolic path-
ways (1 gene for each protein chain) that re-
gulate the biological actions of insulin, and
(2) components of the pancreatic β-cell
energising secretion, together with mecha-
nisms that ensure β-cell survival.
Many studies to date have attempted to lo-
cate and identify genes that predispose to
type 2 diabetes, such as glycogen synthase
The public/private financing mechanism is,
of course, also being introduced at national
levels in health care services. This is sub-
stantially in hospital development, but it is
also emerging in funding treatment centres
and other sectors of health care. Whilst
there are marked divisions of opinion on the
appropriateness of the application of this
concept in this context, it is still too early to
determine the outcome. One can only wait
and see whether a similar success in the
context of national healthcare provision
occurs and how it will influence the debate.
Alan J. Rowe
Editorial
59
Genetics Underlying Diabetes
and its tandem repeat DNA polymorphisms,
protein phosphatase and its regulatory sub-
units, coding regions for messenger RNA,
and calpain – one of the proteolytic enzy-
mes. It is now clear that no single major lo-
cus explains the inheritance of type 2 diabe-
tes, and the disease is caused by the interac-
tion of multiple genes operating in unison
with environmental factors. The strongest
evidence to date for a type 2 diabetes
susceptibility gene is for a locus designated
‘NIDDMI’ on the short arm of chromosome
2, which accounts for as much as 30 % of
the genetic susceptibility among Mexican-
American sibling pairs.
‘Thrifty’ genes
During the course of human evolution, have
some genes been rendered detrimental by
progressive selection? Major stressors have
been periodic food shortages, famine, and
the resulting depletion of the body’s energy
stores. Some animals may be able to cope
with this by hibernating through winter but
in the case of humans, it was first suggested
by Neel5
(1962) that the evolutionary re-
sponse could have been the selection of
‘thrifty’ genes which favour energy storage
as triglyceride in adipose tissue. Candidate
thrifty genes could include those involved
with insulin resistance in the liver (regula-
ting blood glucose levels) and in skeletal
muscle (regulating protein synthesis). Such
genes could promote substrate uptake into
adipose tissue. Expression of the genes
would be selected in populations living in
extreme or precarious environments – in-
deed, such a selection process would have
operated throughout human history.
So, at the present day, humans are poorly
adapted from a tree-dwelling existence in
the jungle to a modern environment of the
‘concrete jungle’ in cities. In the 21st centu-
ry humans are forced to adapt to the novel
stresses, in evolutionary terms, of overnu-
trition from ‘junk’foods containing excessi-
ve sugar, fats and salt from an early age
(even in utero), and lack of exercise. Such
factors could explain the pandemic of ob-
esity in the last 20 years among societies
that have adopted a Western-type lifestyle.
Obesity
Total body adiposity, a central fat distribu-
tion, together with a duration and time-cour-
se of developing obesity, are all established
risk factors for clinical diabetes in both se-
xes. Indeed, having a body-mass index
(BMI) of >35 kg/m2
increases the risk of de-
veloping diabetes over a 10-year period by a
staggering 80-fold, as compared with slim
individuals with a BMI <22 kg/m2
. Lifestyle
factors such as diet and exercise account for
90 % of this excess susceptibility to type 2
diabetes, of which obesity is the most impor-
tant. Biochemical factors promoting obesity
include ageing, circulating free fatty acids,
expressive glucose, and the action of local
hormones in the tissues (cytokines). Genetic
control of the central metabolic pathways
into (a) protein synthesis, (b) free fatty acid
utilisation from glucose via acetyl coenzy-
me A, or (c) synthesis of cholesterol and ar-
terial plaque, all contribute to an increasing
prevalence of diabetes.
Ivan M. Gillibrand
References
1. Gérard Slama (2003). Chapter 3. Type I dia-
betes: an overview, in Textbook of diabetes
edited by J. C. Pickup and G. Williams. 3rd edi-
tion, Oxford, Blackwell Science Ltd.
2. Nicholas Katsilambros and Nicholas Tento-
louris (2003). Chapter 4. Type 2 diabetes: an
overview, in Textbook of diabetes, edited by J.
C. Pickup and G. Williams. 3rd edition, Oxford,
Blackwell Science Ltd.
3. Report of the Expert Committee on the Diagno-
sis and Classification of Diabetes Mellitus. Dia-
betes Care 1997; 20: 1183-97
4. Alberti KGMM, Zimmet PZ, for the WHO
Consultation. Definition, diagnosis and classifi-
cation of diabetes mellitus and its complica-
tions, 1: diagnosis and classification of diabetes
mellitus-provisional report of a WHO consulta-
tion. Diabet Med 1998; 15: 539-53.
5. Neel JV, Diabetes mellitus: a thrifty genotype
rendered detrimental by progress. Am J Hum
Genet 1962; 14: 353-62.
Medical Ethics and Human Rights
60
The following article deals with a major
issue affecting all health professionals, but
more notably doctors and nurses.
Unlike many resource problems, this one
has major ethical and moral aspects, which
need to be addressed by all concerned,
including the professionals, both individu-
ally and collectively.
Orvill Adams*
The World Health Organization at the 57th
World Health Assembly debated extensive-
ly the international migration of health per-
sonnel.1
The existence of an important pub-
lic health issue that had to be addressed was
never in question. How to reverse current
trends, and reduce adverse effects of migra-
tion of health personnel on service delivery
,was at the heart of the discourse.
The subsequent resolution recognized that
action needed to be taken by all involved
both in sending and receiving countries.
The critical role played by health workers
in tackling health problems, and the poten-
tial negative impact of migration on the
delivery of health services is explicitly stat-
ed. Member States are urged to develop
strategies, frame and implement policies,
use government to government agreements
and to do all of this with a view to strength-
ening health systems.
Medical Ethics and Human Rights
Migration of health workers:
Critical issues in the global debate
* Director Dpt. Health Service Provision, W.H.O.
Geneva
The need to engage a large and diverse
number of stakeholders in tackling the
issues of international migration of health
workers is the focus of the resolution,
which calls on the Director General of
WHO to work with international organiza-
tions to monitor the changing situation,
conduct research, and seek options to
address identified problems arising from
migration of health personnel.
The debate and the resulting resolution are
far reaching, in that they acknowledge that
to reverse and/or slow down trends, it is
necessary to look at the workings of coun-
try health systems, and the labour market
for different types of health workers. It also
reinforces the notion that there are fair and
unfair practices in international recruitment
of health personnel.
The Commonwealth Code of Practice for
the International Recruitment of Health
Workers is noted, and the Director General
is requested “to explore additional meas-
ures that might assist in developing fair
practices in international recruitment of
health personnel, including the feasibility,
cost, and appropriateness of an internation-
al instrument.” Also “to develop, in consul-
tation with Member States and all relevant
partners, including development agencies, a
code of practice2
on the international
recruitment of health personnel, especially
from developing countries, and to report on
progress to the Fifty-eighth World Health
Assembly.”
Why this debate at this time
Over the past five years there has been a
growing recognition of an impending if not
an actual crisis, in health worker migration.
The plight of nurses has been the primary
focus, and organizations such the Interna-
tional Council of Nurses, the World Health
Organization, the Commonwealth Secreta-
riat, the World Bank, the Royal College of
Nursing in the United Kingdom and others
have undertaken surveys and commissioned
studies that have described mobility trends,
identified “pull” and “push” factors, and the
policies and strategies being used by diffe-
rent countries.
While there are significant challenges in
measuring migration flows due to differ-
ences in definitions of categories of health
workers, in what constitutes the migration,
and the lack of timeliness of data collec-
tion3
, there is growing agreement that the
trend is rising. Stilwell et al.4
argue that
“The number of people migrating has never
been higher than it is now and the majority
of migrants are highly skilled.”
Figure 1 shows that between 1992 and
2002 the trend in health professional migra-
tion is similar to that of other migrants to
the United States of America. Data for other
countries show similar trends. Figure 2 uses
data from the United Kingdom (and corrob-
orates the trend in the US) to demonstrate
that the trend in the movement of nurses is
much more pronounced that that of physi-
cians.
Aitken et al. refer to countries that receive
migrating health workers as “host coun-
tries” and countries that send or export
health workers as "source countries".
They recognize, however, that countries
can be host and source countries at the same
time.
The study examined six host countries, the
United States of America, the United
Kingdom, Ireland, Canada, Australia and
New Zealand. They found that “each coun-
try's health workforce planning bodies pro-
ject a sizeable increase in national require-
ments for nurses within the decade.”5
The
authors suggest that the demands of these
six countries are enough to deplete the sup-
Medical Ethics and Human Rights
61
Fig. 1 Trends
in migration
of profession-
als to the U.S.
Fig. 2. Trend in migra-
tion of physicans and
nurses to the UK
ply of qualified nurses throughout the
developing world.
There has not been as much focus on the
migration of physicians. A study released in
20026
finds that within the OECD countries
there is a reliance on foreign physicians.
The percentage of the workforce from other
countries, ranged from a low of 1.9% in
Austria to 21.3% (1998) in Australia, 23%
(2001), 25 % (1998) in Canada and 31%
(2001) and 34.5% (2000) in the United
Kingdom and New Zealand respectively.
The OECD conducted a case study of inter-
national mobility of health workers from
South Africa. The study found that in the
year 2001, 23,407 South African-born
workers were practising a medical profes-
sion in the five OECD countries shown in
Table 1. The report states that South African
health workers are appreciated for their pro-
fessional and language skills.
A recent report by Physicians for Human
Rights states that “By one measure, about
50% of graduate physicians emigrate with-
in 4.5 years and 75% within 9.5 years.
Further, during the 1990s, 1,200 physicians
were trained in Zimbabwe; only 360 were
still practising in the country in 2001”.7
Ethiopia is said to have lost one third of its
physicians during the period 1988 to 2001.
Internal migration
International migration compounds internal
migration from the public to the private sec-
tor. The Report of the Physicians for
Human Rights above states that “Zambia's
public sector has retained only 50 of the
600 physicians that have been trained in the
country’s medical school from approxi-
mately 1978 to 1999”.8
Awases et al9
in a
study of migration of health professionals
in the six African countries of Cameroon,
Ghana, Senegal, South Africa, Uganda and
Zimbabwe found that internal migration is
a large and growing problem for the public
health sector.
This concern is highlighted by the follow-
ing example from South Africa “In 1998,
52.7% of all general practitioners and 76%
of all specialists worked in the South
African private health sector. By 1999, 73%
of general practitioners were estimated to
be working in the private sector in South
Africa, despite the fact that this sector
catered for less than 20% of the popula-
tion”.10
The movement from the private to
the public sector is often accompanied by
movement from the rural to urban areas,
resulting in increased inequities in the
delivery of health services.
Factors affecting the move-
ment of health workers
The migration of health workers is affect-
ed by personal and external or environ-
mental factors. These include political and
socio-economic differences between
countries, as well as formal and informal
information networks for migrants and
prospective migrants. Authors 11,12,13
have
identified “pull” and “push” factors. Poor
working conditions, low wages, economic
instability, health and safety concerns are
some of the "push" factors. Opportunities
to earn higher wages, to have better work-
ing conditions, access to education and
career advancement, are among the “pull”
factors. These factors are interrelated and
will take on different degrees of impor-
tance in the decision of the prospective
migrant depending on age, economic and
social position in their country.
It is important to note that the relative
importance of the "push and pull" factors
differ across countries. An unpublished
WHO African Regional Office study of
six countries found that health workers,
when asked if they had an intention to
migrate, responded with the proportions
of those saying yes ranging from 26% in
Uganda to 68% in Zimbabwe. The four
Medical Ethics and Human Rights
62
Table 1. Number of South African-born workers practising a medical profession in certain OECD member countries in 2001
1. Doctors, dentists, veterinarians and other diagnostic practitioners.
2. Including assistants.
3. Possibly including some assistant nurses.
Source: OECD, Trends in International Migration- ISBN 92-64-01944-8
Countries Practitioners (1) Nurses and midwives
Other health
professionals (2)
Total
Australia 1114 1085 1297 3496
Canada 1345 330 685 2360
New Zealand 555 423 618 1596
United Kingdom 3282 2923 (3) 2451 8999
United States 2282 2083 2591 6956
Total 8921 6844 7642 23 407
top factors affecting their decisions were
their expectations for better management
of health services, continuing education
and training opportunities, conducive
working environment and better and real-
istic remuneration for their work.
Prospective migrants from Ghana gave
more weight, for example, to better man-
agement of health services and to a con-
ducive working environment than did
health workers interviewed in the other
countries.
Ethical recruitment
Aggressive recruitment of health workers
has attracted a lot of international atten-
tion and some of the practices have been
viewed as unethical and unfair. This
notion of unethical and unfair includes the
impact of the practices on the individual
health worker as well as their impact on
the health systems from which the health
worker is recruited. The ICN describes
aggressive recruitment campaigns as
“focussing on large numbers of recruits,
sometimes significantly depleting a given
health facility or contracting an important
number of newly graduated nurses from a
given educational institute…. Nurses may
be employed under false pretences or mis-
led as to the conditions of work and possi-
ble remuneration and benefits.”14
The aggressive recruitment of health
workers from vulnerable health systems
has resulted in a call for ethical recruit-
ment practices. These practices are volun-
tary and have not yet proven to be very
effective. The codes can be put into three
categories based on the source of their
development. In the first, the Department
of Health in England has developed two
instruments, one in 1999 and the other in
2001. The codes are aimed at protecting
vulnerable developing countries from the
recruitment of nurses unless there is an
agreement between England and the
respective country. Ireland developed a
similar instrument in 2001.
The second category is that of multiple
governments. The Commonwealth code
of practice for international recruitment of
health professionals was developed by the
Commonwealth Secretariat at the instiga-
tion of the member countries.
In the third category are non-governmen-
tal membership organizations The In-
ternational Council of Nurses, the World
Organization of National Colleges,
Academies and Academic Associations of
General Practitioners/Family Physicians,
the Royal College of Nursing in England,
and a group of independent sector
employers have also developed and adopt-
ed statements that can be said to be in sup-
port of ethical recruitment practices.
Willett and Martineau, after conducting
an analysis of the above instruments, con-
cluded that “it is currently far from clear
whether codes of practice or other such
instruments – on ethical international
recruitment of health professionals-will
actually succeed in protecting developing
countries health systems.”15
The authors
call for more focus on the ethical recruit-
ment objective of existing or new codes.
Improved data collection systems on
international recruitment to facilitate
monitoring of the implementation of the
codes and more sustained external pres-
sure to apply the code are also required.
Conclusion
The recruitment, retention and migration
of health workers requires concerted
efforts by a mix of nationally based and
international stakeholders. The factors
determining why health workers choose to
move or stay are complex. There are no
simple solutions. More evidence is needed
and this requires the active and willing
participation of governments, employers
and professional bodies at national and
international levels. Health systems have
to be strengthened to provide better condi-
tions and opportunities to practice one’s
career while getting fulfilment from being
able to practice one’s profession. All
interested parties-, governmental, non-
governmental, health care providing agen-
cies and the health care professionals
themselves – will have to address the
moral and ethical issues underlying the
problems of recruitment and migration.
1 World Health Organization, WHA57.
19, Agenda item 12.11, International
migration of health personnel: a chal-
lenge for health systems in develop-
ing countries, May 2004.
2 The meeting accepted that within the
United Nations system, the expres-
sion "code of practice" refers to in-
struments that are not legally binding.
3 Diallo K, Data on the migration of
health-care workers: sources, uses,
and challenges, Bulletin of the World
Health Organization, August 2004,
82(8)
4 Stilwell B, Diallo K, Zurn P, Vujicic
M, Adams O, Dal Poz M. Migration
of health-care workers from Develop-
ing countries: strategic approaches to
its management. Bulletin of the World
Health Organization, august 2004,
82 (8)
5 Aitken H, Buchan J, Sochalski J,
Nichols B, Powell M. Trends in Inter-
national Nurse Migration. Health Af-
fairs, Volume 23, no.3 2004.
6 Bourassa-Forcier M, Giuffrida A. In-
ternational Migration of Physician
and Nurses: Causes, Consequences
and Health Policy Implications. Orga-
nization for Economic Co-operation
and Development, Human Resources
for Health Care OECD Project. 2002
7 Physicians for Human Rights. An Ac-
tion Plan To Prevent Brain Drain:
Building Equitable Health Systems in
Africa. June 2004. Boston
8 Physicians for Human Rights. An Ac-
tion Plan To Prevent Brain Drain:
Building Equitable Health Systems in
Africa. June 2004. Boston
9 Awases M, Nyoni J, Gbary A, Chatora
R. Migration of Health Professionals
in Six Countries: A Synthesis Report.
World Health Organization, WHO
Regional Office for Africa, April
2003 (Draft report – Unpublished).
10 Padarath A, Chamberlain C, McCoy
D, Ntuli A, Rowson M, Loewenson R.
Health Personnel in Southern Africa:
Confronting misdistribution and brain
drain. EQUINET Discussion Paper
no. 4, 2003
Medical Ethics and Human Rights
63
Biomedical research as part of science has
,since the end of the 2nd World War, tradi-
tionally been performed in an international
context, which includes exchange of
results, errors and benefits. Some aspects of
this scientific sector are subject to some
regulation by specific provisions within
legislation covering broader frameworks,
such as those covering the use of personal
data for medical epidemiological research.
For decades there have been no internation-
al legally binding instruments covering the
entire area of biomedical research on
humans. Nevertheless, most medical
researchers followed the Declaration of
Helsinki (1964) as amended in Tokyo 1975
and subsequent later amendments.(3) The
International Ethical Guidelines of CIOMS
played a similar role addressing researchers
in medicine and other disciplines (5).
Research is becoming more and more com-
plex with respect to the aims, the methods
used, and involving researchers coming
from both medical and non-medical scien-
tific disciplines. Research entails the risk of
violations of human rights and basic ethical
principles. Therefore States are more and
more disposed to regulate this sector by
national legislation and no longer leave it to
professional standards established by the
professions and codes of ethics alone. This
new thinking was in part prompted by the
developments in in-vitro-fertilisation tech-
niques. Taking into account these and other
developments in biology and medicine, the
Council of Europe decided to establish a
special Steering Committee on Bioethics
(CDBI), for consideration of ethical and
legal questions linked to these new research
practices and their application in humans.
As a result, one remarks more and more
national and international efforts to imple-
ment legally binding instruments regulating
research on humans. Regarding the trans-
border flow of research, it has been recog-
nised that there is a need to base national
legislation on international legal provisions.
The following two examples illustrate the
importance of these developments to the
medical profession, its national and its
international organisations.
Directive 2001/20/EC
In 2001 the European Union adopted the
“Directive 2001/20/EC” (4) on good clini-
cal practice in research on drugs for human
use within Member States. In implementing
the provisions of this directive in national
legislation (which was required at the latest
by 1st of May 2004), Member States are
allowed to deviate to some extent if the
intentions of this European law are not
altered. The directive covers the whole field
of drug research in the course of which it
also introduces changes in the meaning of
some terms used by the medical profession
in this field. In contrast to the traditional
understanding, the directive defines (Art.2)
“sponsor” as an “individual, company,
institution or organisation which takes
responsibility for the initiation, manage-
ment and/or financing of a clinical trial.”
The sponsor, understood in that sense e.g.
as interpreted by the new German drug law
of 5 August 2004, has in addition to other
obligations, to negotiate with the ethics
committees and the competent national
authority. Members of the medical profes-
sion are no longer the only partners of an
ethics committee established at their med-
ical association or their Faculty of Medicine.
This is also introduced in the new definition
of an investigator. In future, the function of
an investigator or of a principal investigator
in drug research is no longer restricted to
physicians. The directive definition states
“investigator”: a doctor or a person follow-
ing a profession agreed in the Member
States, for investigations because of the sci-
entific background and the experience in
patient care it requires.” The Member States
as already mentioned, have some freedom of
interpretation. The new German drug legis-
lation uses this right by prescribing that an
investigator, a principal investigator or a co-
ordinating investigator should be a duly
qualified physician. Any exception to this
basic principle has to be justified to the
ethics committee.
The status and the rights of ethics commit-
tees are widened. The directive obliges the
Member States to establish a system of
ethics committees (Art 6), leaving all spe-
cific details to national law. Germany decid-
ed to maintain the well proven system of
ethics committees in the Faculties of
Medicine and the Medical Associations
within the States (“Bundesländer”). In the
future, drug research on humans may only
be started following the favourable opinion
of an ethics committee and “inasmuch as the
competent authority of the Member State
concerned has not informed the sponsor of any
grounds of non-acceptance” (Art. 9). In this
11 Stilwell B, Diallo K, Zurn P, Vujicic M,
Adams O, Dal Poz M. Migration of
health-care workers from Developing
countries: strategic approaches to
its management. Bulletin of the World
Health Organization, august 2004,
82 (8)
12 Aitken H, Buchan J, Sochalski J,
Nichols B, Powell M. Trends in Inter-
national Nurse Migration. Health
Affairs , Volume 23, no.3 2004.
13 Padarath A, Chamberlain C, McCoy D,
Ntuli A, Rowson M, Loewenson R.
Health Personnel in Southern Africa:
Confronting misdistribution and brain
drain. EQUINET Discussion Paper
no. 4, 2003
14 International Council of Nurses. Ca-
reer Moves and Migration: Critical
Questions. Geneva, 2003.
15 Willetts A, Martineau T. Ethical Re-
cruitment of health professionals: Will
codes of practice protect developing
country health systems? Liverpool
School of tropical medicine, 2004.
Medical Ethics and Human Rights
64
Biomedical Research In Europe
New International Legal Instruments
Elmar Doppelfeld
way, in incorporating the provisions of the
directive into the new German drug law, the
vote of an ethics committees has changed its
character from that of advice to the
researcher to a legally binding decision.
Fearing for good reasons some kind of liabil-
ity coming from this new status of the vote,
Medical Associations in Germany discussed
refusing the duty to maintain their ethics
committees for the new purpose imposed by
the Federal Drug Legislation, although tech-
nically these professional bodies and institu-
tions are bound by Lande law.
There are a number of other implications for
change in carrying out drug research in this
EU Directive. These cannot be outlined in
this short communication which only aims
to highlight key issues. The directive calls
for detailed study and, bearing in mind the
global nature of drug research,will merit stu-
dy by the relevant sector of the profession
outside Europe.
Protocol “Biomedical
Research” of the Council
of Europe
The “Convention on Human Rights and
Biomedicine”(2) of the Council of Europe,
opened for signature in Oviedo on 4 April
1997 and has been signed by more than 30
and ratified by 18 Member States. It outlines
the basic principles for the protection of
human rights and dignity with regard to the
application of biology and medicine in
humans. This convention, also known as
“Convention of Oviedo” permits regulation
in special fields such as organ transplanta-
tion or biomedical research in human in
additional protocols in accordance with the
principles of the convention itself. Only
States which have signed and ratified the
convention are admitted to sign and to rati-
fy these additional protocols. By signing
and ratifying the Convention and additional
protocols, Member States implement these
international treaties into their national leg-
islation, normally giving them by this proce-
dure a high position in the internal hierarchy
of legal provisions.
On 30 June 2004 the Committee of
Ministers of the Council of Europe adopted
the additional protocol concerning biomed-
ical research (1). It is planned to open it for
signature on 18 October 2004 in Oslo. This
protocol respecting the principles laid down
in the Convention of Oviedo addresses med-
ical as well as non medical researchers, who
carry out biomedical research in humans. As
there is no restriction of this type of research
to physicians, the term “physician” or the
term “doctor” does not appear.
The protocol covers various types of
research. Research on healthy volunteers
without a potential direct benefit for the per-
son concerned and aimed to achieve basic
knowledge, e.g. in human physiology, is
included, as well as research linked to clini-
cal care. Attention is given to special condi-
tions such as pregnancy, or the situation of
persons deprived of liberty. Research on the
latter group is in some Member States of the
Council of Europe permitted, in others it is
strictly prohibited. This situation shows the
difficulty, as in many other fields, to find a
legal solution which satisfies all the differ-
ent views. Usually such problems are left to
national legislation. The additional protocol
sets the conditions under which such a dero-
gation can be used.
Research with potential direct benefit for the
person concerned in emergency situations
and on persons not able to consent is widely
accepted and is also addressed in the proto-
col. In contrast, research on persons not able
to consent – e.g. minors, victims of traffic
injuries, persons suffering from dementia
such as Alzheimers disease – without the
potential direct benefit for the participant
concerned but with an expected benefit for
the group, entails major legal problems in
some Member States. The protocol requires
that the State concerned should provide a
legal clarification of the conditions to be
respected for that research, in first line: min-
imal risk and minimal burden. Leaving the
special legal position of ethics committees
to the internal legislation of the Member
States, the protocol prescribes precisely how
to fulfil the basic condition of informed con-
sent of participants in research and the
duties of representatives of persons not able
to consent. There are precisely elaborated
chapters on how to inform the participants
and how to inform the ethics committees.
The list of items to be used for the applica-
tion to seek an ethics committee's assess-
ment should serve as a tool for the harmon-
isation of research in humans in the Member
States of the Council of Europe.
In addition to the scientific quality of the pro-
ject, legal aspects and ethical considerations,
the ethics committee has for example to
know something on contracts between
researchers and participants, financial remu-
neration or other awards for both parties, how
to offer to the individual findings relevant for
his or her health, publication of results and
safeguarding that any necessary healthcare is
not delayed for research reasons. The proto-
col allows the use of placebo only under the
classic conditions: no methods of proven
effectiveness exist or the withdrawal or with-
holding of such methods does not present an
unacceptable risk or burden. In contrast to the
Declaration of Helsinki 2000, scientific rea-
sons as such are not accepted as justification
for the use of placebo.
It should be stressed that the protection of the
rights of the participants is the leading aim of
the protocol, in the same way providing the
necessary framework for research of a high
scientific level in accordance with accepted
principles of ethics and human rights.
Details of that new international legal provi-
sion can be found in the text itself.
Final considerations
The new international legal instruments for
biomedical research in humans as a basis
for legislation in the Member States of the
EU and in the 45 Member States of the
Council of Europe, (representing about 800
millions of habitants) will replace as tools
of first legal choice traditional and without
any doubt, proven regulations coming from
other groups such as the World Medical
Association or Medical Associations in the
States concerned. In any case of conflict,
the national or international legal provi-
sions prevail over regulations coming from
a non-legal source. In a State which, for
example, has adopted the additional proto-
col on biomedical research, the use of
65
Medical Ethics and Human Rights
66
placebo is only permitted under the condi-
tions of that protocol. A physician who fol-
lows the wider provisions of the
Declaration of Helsinki, using placebos
also for scientific reasons as the only justi-
fication, could be found guilty by a court.
On the other hand, if non-legal provisions
give a range more narrow as compared to
the research protocol, the researcher may
always decide to stick to legal provisions as
justification.
Nevertheless, the recommendations of the
NGOs mentioned will not become worth-
less in the future. Legislation may adopt
them as an auxiliary tool for regulation
inasmuch they are in accordance with
national and international legally binding
instruments. They may as recommenda-
tions or principles given by the profession
be of assistance, for example to physicians,
in deciding whether or not to perform
research under the legal conditions of the
country in which they are living. Members
of the profession should respect these rec-
ommendations and principles in decision
making, but they must follow the legal
frame given for research.
Literature
1. Additional Protocol to the Convention on
Human Rights and Biomedicine concerning
Biomedical Research, Strasbourg, 30 June
2004, European Treaty Series –
No……..Provisional Edition
2. Convention for the Protection of Human
Rights and Dignity of the Human Being
with regard to the Application of Biology
and Medicine: Convention on Human
Rights and Biomedicine, Oviedo, 4. IV.
1997. In: European Treaty Series – No. 164,
Council of Europe, Strasbourg
3. Declaration of Helsinki, see different
issues at The World Medical Association
Inc., www.wma.net
4. Directive 2001/20/EC of the European
Parliament and of the Council of 4 April
2001 on the approximation of the laws, reg-
ulations and administrative provisions of the
Member States relating to the implementa-
tion of good clinical practice in the conduct
of clinical trials on medicinal products for
human use; Official Journal of the European
Communities, L 121/34 – 44, 1.5.2001
5. International Ethical Guidelines for
Biomedical Research Involving Human
Subjects, CIOMS, Geneva 2002
Prof. Elmar Doppelfeld MD
Chairman of the Permanent Working
Group of Scientific Ethics Committees
in Germany
Dieselstraße 2
D-50859 Köln
e-mail: med.ethik.komm@netcologne.de
Following a recent decision of the Board of
the Norwegian Medical Association, the
President, Dr. Hans Kristian Bakkem, has
written in the following terms to all nation-
al medical associations seeking their sup-
port in actions to ensure the full implemen-
tation of the UN Minimum Rules for the
Treatment of Prisoners.
“With reference to recent disclosure of
episodes of torture and other degrading
treatment of prisoners in Iraqi prisons:
Recalling UN Standard Minimum Rules for
the Treatment of Prisoners which state:
“At every institution there shall be avail-
able the services of at least one qualified
medical officer who should have some
knowledge of psychiatry. The medical ser-
vices should be organised in close relation-
ship to the general health administration of
the community or nation. They shall
include a psychiatric service for the diagno-
sis and, in proper cases, the treatment of
states of mental abnormality.” The
Norwegian Medical Association (NMA) is
concerned about prisoners' health not only
in Iraq but also in other countries, where
international regulations are being violated.
The Norwegian Medical Association would
emphasise physicians' ethical obligation to
speak out against torture and/or other
degrading treatment in prisons, whenever
disclosed.
Governments, as well as penal authorities
should accept physicians’obligations in this
respect. They should also inform and
encourage their physicians to speak out
regarding inhuman and/or other degrading
treatment.
The Norwegian Medical Association
encourages all National Medical
Associations to call upon their governments
to organise prison health care according to
the international regulations mentioned
above.” [June 2004]
Medical Ethics and Human Rights
Medical Ethics and Human Rights
UN Standard Minimum Rules for the Treatment of Prisoners
Henry Haddad, MD, FRCPC, Professor of
Medicine, University of Sherbrooke,
Quebec; Jill Skinner, RN, BA(Hons),
Senior Project Manager, Canadian
Medical Association; Dr. Isra Levy, MB,
BCh, MSc, FRCPC, Chief Medical Officer
& Director, Office of Public Health
Canadian Medical Association
Introduction
In a world that seems characterized by an
increasing number of natural disasters, ter-
rorist threats and an array of new diseases
that can travel around the globe at jet speed,
all nations, now more than ever before,
need to be adequately prepared to respond
to an emergency situation. During a large-
scale health emergency such as an emerg-
ing infectious disease outbreak, while pub-
lic health is often the first line of defense
the resources of the entire health system
will be called upon to respond to the crisis.
In 2003 both the resources and the
resourcefulness of Canada’s public and
acute care health systems were put to the
test when Severe Acute Respiratory
Syndrome (SARS) entered the country.
While SARS brought out the best in
Canadians' commitment to one another, it
also turned a bright, sometimes uncomfort-
able spotlight on the ability of Canada's
health care system to respond to a crisis.
During the SARS crisis, the critical role
played by physicians and their professional
associations quickly became apparent. This
paper will briefly review the course and
impact of SARS in Canada; outline the role
of the Canadian MedicalAssociation (CMA)
during and after the crisis; review the evolu-
tion of public health policy in Canada post-
SARS; and reflect on the role of the World
Medical Association (WMA) in preparing
for future health emergencies. A companion
article that addresses the role of the CMA
and lessons learned during the SARS out-
break can be found in Business Briefings:
Global Healthcare – Advanced Medical
Technologies 2004, prepared for the WMAi
.
The Course of SARS
in Canada
On February 23, 2003 SARS entered
Canada. In the manner of many emerging
infectious diseases it entered quietly and
initially went unrecognized. Canada's first
SARS death occurred before the WHO
issued its initial global alert on March 12th.
By the time Canada's SARS outbreak was
declared over at the beginning of July 2003,
44 people had died. Overall 438 SARS
cases, 251 probable and 187 suspect, were
reported in Canada during the period of the
outbreak and tens of thousands of individu-
als, including hundreds of health care work-
ers, were quarantined.
The entire health system, from preventive
public health through acute care to long-
term care, was severely disrupted in
Toronto, one of Canada's most populated
and medically advanced cities. Local public
health authorities in the Greater Toronto
Area (GTA) as well as their provincial
counterparts, diverted almost all of their
resources to respond to the crisis. Many
public health professionals from outside the
GTA volunteered weeks of service to assist
in the response, sometimes leaving local
public health units elsewhere in the country
with significant human resource gaps in
their own ongoing programs.
Acute care services were also adversely
affected as stringent infection-control and
screening measures were put into place to
control the spread of SARS. Institutions
closed their doors, limiting access to emer-
gency departments, clinics and physicians'
offices. Intensive care units were full and
surgeries were cancelled. Front-line health
care professionals involved in critical care
were stretched to their physical and mental
limits. Remarkably, others found them-
selves underutilized due to the impact of the
infection-control measures on their practice
settings. “Feast and famine“ co-existed.
Although the GTA bore the brunt of the
impact of SARS, the entire province of
Ontario and indeed all of Canada was
affected. Business suffered. The tourism
industry was severely impacted. The dis-
ruption that SARS caused continues to
reverberate through the health care systems
and economies of Canada.
The Role of the Canadian
Medical Association
Front line physicians played a critical role
in the health emergency, both in terms of
the public health and laboratory response,
and in their community and institutional
acute care roles. During the outbreak physi-
cians were engaged in identifying and
tracking down the emergence, cause and
modes of transmission of a new disease,
and caring for patients in an environment of
shifting and evolving clinical knowledge.
They collaborated with researchers and sci-
entists to determine optimum therapy and
clinical best practice guidelines. And
through all of this clinicians dealt with the
personal stress, anxiety and burnout associ-
ated with a desperate race to control and
contain the unknown, in a context of human
resources inadequate to function optimally
even in normal circumstances.
The CMA's primary goal was to support
physicians during the crisis. It became appar-
ent very early in the outbreak that govern-
ments did not have the ability to communi-
cate in real time with front line clinicians
across the country. CMA and its provincial
counterpart, the Ontario Medical Association
(OMA) moved quickly to plug this gap.
CMA activated its national electronic com-
munication networks to alert physicians to
crucial information such as public health
management guidelines, about SARS. A
dedicated website, e-mail and fax broad-
casts to physicians, coupled with the sup-
port and assistance of provincial divisions
and national speciality affiliates, meant that
over 90% of physicians in Canada had
access to relevant expert information about
SARS as it became available. The OMA
was critical to ensuring the flow of informa-
tion to clinicians in Ontario, Canada’s most
affected province. The association used its
web site, fax and e-mail networks as well as
67
Medical Science, Professional Practice and Education
Medical Associations and Global Health
Emergencies – The Canadian Experience
personal telephone calls when necessary to
ensure that clinicians received pertinent
information that was clear, consistent, and
relevant. During the early days of the out-
break the OMA communicated with its
membership every 24 to 48 hours and its
web site was updated frequently.
Throughout the crisis, the CMA maintained
close liaison with Health Canada, federal,
provincial and territorial public health
authorities and relevant national medical
organizations, notably the Canadian
Infectious Disease Society and the
Canadian Association of Emergency
Physicians. The CMA also co-ordinated
regular meetings of non-physician national
health professional organizations, including
the Canadian Nurses Association and the
Canadian Public Health Association, to
facilitate rapid information-sharing among
all health care providers.
Facilitating communications, reviewing
information, and providing the clinician
perspective on government directives
became a key activity for medical associa-
tions during the SARS outbreak. The CMA
also ensured that the physicians' voice was
heard at Federal decision-making tables
during the crisis. It must be noted that while
governments eventually welcomed this
assistance, the valuable role that profes-
sional associations can play during a crisis
had not been considered in their emergency
planning and was not uniformly embraced
or recognized as the outbreak unfolded.
Evolution of Canadian Public
Health Policy Post SARS
As the crisis subsided, a number of nation-
al and provincial committees were set up to
examine the country's response to SARS. In
June 2003, Answering the Wake-Up Call:
CMA's Public Health Action Planii
was sub-
mitted to the National Advisory Committee
on SARS and Public Health (Naylor
Committee) established by the Federal
Minister of Health to report on learnings
from the SARS outbreak. The CMA has a
long tradition of participating in the devel-
opment of health policy in Canada. It has
always been a very vocal advocate for a
strong and effective health system and had
repeatedly called for governments to
enhance public health capacity and
strengthen the public health infrastructure.
The CMA's action plan focused on three
key areas: legislative reform, capacity
enhancement and communications. Key
recommendations included:
• A national public health agency led by a
chief public health officer
• Increased funding to strengthen the pub-
lic health infrastructure and increase
capacity
• A real-time communication and coordi-
nation initiative for front line clinicians.
Similar recommendations were also made
in the CMA submissioniii
to the Canadian
Senate Standing Committee on Social
Affairs, Science and Technology's (Kirby
Committee) study of the governance and
infrastructure of the public health system in
Canada and its response during public
health emergencies.
SARS was indeed a wake up call to the dete-
riorating condition of Canada's public health
system and to the country's ability to respond
to a health emergency from a health care sys-
tem perspective. Both national and provin-
cial inquiries pointed out many systemic
deficiencies in the response to SARS. Lack
of surge capacity in the clinical and public
health systems; difficulties with timely infor-
mation sharing among levels of government;
lack of co-ordinated business processes
across institutions and jurisdictions for out-
break management and emergency response;
inadequacies in institutional outbreak man-
agement protocols, infection control, and
infectious disease surveillance; and weak
links between public health and the personal
health services system, including primary
care, institutions, and home care were some
of the problems cited.iv
There has been a consistency in the recom-
mendations of the main inquiries into the
impact of SARS on the health care system
and these recommendations reflect those
made by the CMA. All inquiries have
stressed the need for a coordinated collabora-
tive framework among different levels of
government. This coordination of activity
should be integral to the core functions of
public health and is essential to an effective
response during times of crisis. The rules for
a seamless public health system must be sort-
ed out in advance of a health emergency in a
spirit of partnership and shared commitment
to health. Both the Naylor and Kirby reports
called for the establishment of a national pub-
lic health agency in Canada with authority to
provide leadership and action on public
health matters such as national disease out-
breaks and emergencies. It was further rec-
ommended that a Chief Public Health Officer
of Canada head up the Agency and serve as
the national voice for public health particu-
larly during health emergencies.
The need for new funding to shore up the
public health infrastructure in Canada was
also widely recognized. In addition, the
importance of disease surveillance and dis-
semination of information to clinical and
public health information systems and rele-
vant stakeholders was raised in provincial
and national reports.
Governments wasted no time in responding
to the lessons learned from SARS. In
September 2003 the Canadian Conference
of Federal/Provincial/Territorial Ministers
of Health acknowledged the need to work
together to improve public health infrastruc-
ture, and increase institutional, provincial,
territorial and federal capacity. They also
agreed to work collaboratively on such
issues as clarifying roles and responsibilities
of the differing jurisdictions when respond-
ing to public health threats; ensuring the
adequacy of health human resources;
strengthening capacity to respond to region-
al and national public health emergencies;
and enhancing national surveillance and
information infrastructure.v
In the fall of 2003 the federal government
accepted many of the recommendations of
the Naylor report and appointed the first
ever Minister of State for Public Health. It
committed itself to the establishment of a
national public health agency and a chief
public health officer. The 2004 Federal bud-
get directed new investment to public health
in Canada. Details of the new Public Health
Agency for Canada were announced in May
2004 as was the creation of six National
Collaborating Centres for Public Health.
68
Medical Science, Professional Practice and Education
While SARS in Canada was an undeniably
tragic chapter in Canada’s history it did
serve to bring attention to the plight of the
public health system and has spurred the
federal and provincial governments to
strengthen public health systems and capac-
ity to be better prepared in the future.
The lessons learned from SARS in Canada
and the steps being taken to improve the
public health system and its emergency pre-
paredness and response capabilities may be
of value to others as they assess their own
state of readiness.
World Medical Association
The World Medical Association has recog-
nized the critical role of physicians during a
health emergency. Physicians are often the
first point of contact with the emergence of
new diseases, and therefore are in a position
to aid in all elements of diagnosis, treat-
ment of affected patients and prevention of
disease. At its September 2003 General
Assembly, the WMA adopted a Resolution
on SARS that: “strongly encouraged the
World Health Organisation to enhance its
emergency response protocol to provide for
the early, ongoing and meaningful engage-
ment and involvement of the medical com-
munity globally.“
In the aftermath of SARS, the WMA and
the CMA have worked closely together to
examine the lessons learnt for physicians
and medical associations. A discussion
paper, SARS in Canada,vi
informed the
deliberations of the WMA Socio-Medical
Affairs Committee on implications of the
SARS experience for physicians in Canada.
Key among them is the need for:
• a co-ordinated system to notify acute
care facilities and front line health care
professionals of global health alerts and
ensure real time communication of crit-
ical information to physicians;
• cross training to boost surge capacity by
equipping health professionals with the
knowledge and skills that can be called
upon in times of health emergency;
• rapid distribution of supplies of protec-
tive equipment to health professionals
and their patients to reduce anxiety and
the spread of infectious disease
• the incorporation of physicians with key
expertise into the health emergency
decision-making process so that the
impact of directives on clinical settings
and patient care is understood.
These implications apply, in general terms,
in all countries of the world, no matter the
type, structure or capacity of the health care
system.
In May 2004 the WMA Council adopted a
resolution on health emergency communi-
cation and co-ordination which includes
recommendations for physicians, national
medical associations, national governments
and the WHO. The resolution seeks to
improve physician reporting of suspicious
illness; disaster preparedness and response
protocols for infectious disease outbreaks;
coordination of stockpiles of supplies; and
international co-operation on emergency
communication.
Conclusion
A dispassionate assessment of the experi-
ence with the SARS outbreak of 2003 clear-
ly indicates that the global medical commu-
nity and the global public health communi-
ty must strive to build mechanisms togeth-
er, and also with governments, to closely
link the clinical, public health and govern-
ment responses to emerging infectious dis-
eases, and bridge communications between
these communities.
The WMA will seek, in partnership with the
WHO and others, to develop a Health
Information Communication initiative that
meaningfully does just this, both in times of
global health emergencies, and also in
times of routine health system operations.
i Avaliable at:
http://www.touchbriefings.com/cdps/cditem.cfm?NID=95
0&CID=5&CFID=1688258&CFTOKEN=90
ii (Available on the CMA website http://www.cma.ca/index.
cfm/ci_id/3429/la_id/1.htm;
iii Available on the CMA website at http://www.cma.ca/
index.cfm/ci_id/40463/la_id/1.htm
iv Learning from SARS: Renewal of Public Health in
Canada; A Report of the National Advisory Committee
on SARS and Public Health, Health Canada, October
2003; http://www.hc–sc.gc.ca/english/protection/warn-
ings/sars/ learning.html
v News Release, Conference of
Federal/Provincial/Territorial Ministers of Health,
Halifax, Nova Scotia - September 4, 2003, http://www.hc-
sc.gc.ca/english/media/releases/ 2003/2003_67.htm
vi Available on the WMA website at
https://www.wma.net/e/pdf/sars_discussion_paper.pdf
69
Medical Science, Professional Practice and Education
Dr. Harauo Uematsu
President, Japan Medical Association
(based on a presentation at the WHPA,
Geneva 2004)
People in Japan especially health profes-
sionals, have been sorely troubled by the
inability to come up with effective mea-
sures to curb the increasing number of med-
ical errors in this country. Although statis-
tics on all medical errors that have occurred
in Japan have not been compiled, the num-
ber of civil cases in this area has doubled
during the past decade from 442 incidents
in 1993 to 896 in 2002. The increase in the
overall number of errors cannot be debated
if it is focused only on the number of civil
suits, but it is a reality that national public
interest has become focused on reducing
the number of medical errors.
Several extremely serious medical errors
have been widely reported in Japan in
recent years, notably medication and
dosage mistakes, patient mix-ups, inade-
quately trained physicians conducting unfa-
miliar surgical operations, and other errors
stemming from negligence of basic precau-
Patient Safety – the collaboration between the
health professions in Japan
tionary measures that have caused patient
deaths and other serious consequences. The
majority of those involved have been
indicted as criminal case defendants. Many
of these errors have occurred at large uni-
versity and major city hospitals that are
equipped with the latest equipment and
facilities and where there is a team of physi-
cians, nurses, pharmacists and other health
personnel working conjointly. The main
cause of medical errors at these hospitals
appears to be a lack of communication and
misinformation.
In the wake of a medical error stemming
from a patient mix-up involving a medical
team at a major university hospital in
January 1999, the Ministry of Health,
Labour and Welfare created a committee of
specialists to review measures aimed at pre-
venting the reoccurrence of medical errors.
In March 2000, the MHLW organized a
liaison meeting of representatives from
medical associations, pharmacist associa-
tions, nurses associations, hospital associa-
tions, and other health organizations aimed
at raising the awareness about the impor-
tance of all health-related organizations to
implement patient safety protection coun-
termeasures.
Prior to this, the JMA had established its
own committee on medical safety counter-
measures in 1997 with the goal of creating
a framework for medical error prevention
countermeasures. This committee consisted
of JMA members, members from the Japan
Pharmaceutical Association and the
Japanese Nursing Association to ensure the
participation of not only physicians but also
health professions representing all aspects
of the health care sector in providing rec-
ommendations on how to improve patient
safety. According to the committee's 1998
report, the major factor in preventing med-
ical errors and realizing patient safety was
to create an atmosphere at the health care
site where all health professions could
freely voice their opinions and hold con-
structive discussions outside the confines of
established authority. To achieve this
change in awareness successfully, upper
management and the physicians themselves
must take the initiative in promoting this
change.
Presently, many hospitals in Japan have
established committees consisted of a vari-
ety of professions dedicated to preventing
medical errors. They are responsible for
discussing and recommending measures to
prevent the reoccurrence of actual medical
errors as well as compiling reports on errors
that did not harm patients. What is impor-
tant about these measures is not the quanti-
ty of data collected for x-number of cases,
but rather how many errors were prevented
as a result of the lessons that were learned
from past experiences. It is the health pro-
fessions from all walks of the health sector
that are in direct contact with the problems
at the actual health site who can identify
truly beneficial information from the
lessons that are extracted from the enor-
mous amount of data that is available.
In addition to medical associations, each
health organization has conducted signifi-
cant recommendations and activities to
realize patient safety in medicine. For
example, the Japan Pharmaceutical
Association has focused its efforts on pre-
venting errors related to dispensing drug
prescriptions and the Japanese Nursing
Association has published accident preven-
tion guidelines. Needless to say, health care
activities are not carried out by one health
profession. They requires the mutual col-
laboration of all health professions. Patient
safety countermeasures require the collec-
tive effort of the entire health care team and
they must be based on shared knowledge
and an awareness that go beyond the con-
fines of each profession.
Members of a health care team are col-
leagues that have been brought together by
a mutual goal – the task of saving the life of
a patient. Therefore, they must engage in
wholehearted discussions, mutually assist
each other and collectively face the many
dangers that threaten the safety of patients.
70
WMA
Presentation given by Dr. Appleyard,
President of the World Medical
Association, to the Scientific Conference
of the Dominican Medical & Dental
Society 16 July 2004
Violence is a leading public health problem.
As a profession we need to have a fundamen-
tal re-think of the role we physicians can play
both to mitigate the effects of the current epi-
demic of violence and to develop strategies to
prevent violence in the longer term.
The World Medical Association was found-
ed after the turbulence, terror and torture of
World War II in 1947, to unite physicians
worldwide in a shared mission founded on
traditional Hippocratic principles. These
have been enshrined in the Declaration of
Geneva, which commits members of the
profession to “consecrate their lives in the
service of humanity and that the health of
each patient will be their first considera-
tion”. Further work on repairing the dam-
age resulting from some doctors' conduct
during that War was undertaken to establish
the Declaration of Helsinki which defines
the ethical principles underlying clinical
research. Later, after wide consultation, the
Declaration of Tokyo was forged which
states that doctors “shall not countenance,
condone or participate in the practice of tor-
ture or other forms of cruel, inhuman or
degrading procedures.” More recently, the
Declaration of Ottawa on the Right of a
Child to Health Care encouraged physicians
to “eradicate all forms of child abuse”.
After the end of the ‘Cold War’, a ‘peace
dividend’ never materialized. Expenditure
on arms decreased in the early 1990s, but
the savings were not allocated to children’s
needs. A decade of ethnic conflict and civil
wars ensued, characterised by deliberate
violence against children on a vast scale.
Children have become targets as well as
perpetrators of violence, perpetuating the
How does the world treat our children?
Violence and child health
WMA
cycle of violence into the next generation.
During these conflicts, children have been
maimed, killed, uprooted from their homes,
orphaned, exploited and sexually abused.
They have been abducted and recruited as
soldiers. During conflict, a country's food
production is compromised, malnutrition
ensues with a life-long effect, and with the
disintegration of the local 'infrastructure'
health services disappear and mortality
rates rise. These are clearly reflected in
UNICEF league tables of under-5 mortality
rates per 1,000 live births. Those countries
riven by conflict and thrown into poverty
have the highest rates of childhood mortal-
ity. An enormous sacrifice, which those
countries cannot afford to bear.
An estimated 300,000 children are actively
involved in armed conflicts. AIDS follows
in the wake of such conflicts, leaving large
numbers of orphans and by killing teachers,
health workers and public servants under-
mines the stability of the country.
Immunization programmes disintegrate,
leaving a further burden of disability and
death for the poorer countries to bear. Thus,
Angola has the highest polio infection rate
in all Africa and the Democratic Republic
of the Congo has had a ten-fold increase in
polio since 1999.
The epidemic of violence perpetuates
poverty giving a further twist to the vicious
cycle of poverty, poor health and death to
more poverty, more ill health and more
deaths.
Violence becomes endemic in communities
and is continued in such institutionalised
cultural practices as female genital mutila-
tion affecting 2 million children and women
worldwide. Rape and domestic violence
also cause a 5% loss of healthy life years.
“The 20th century was one of the most vio-
lent periods in human history. An estimated
191 million people lost their lives directly
or indirectly, as a result of armed conflict
and well over half were civilians” (Rummel
R J 1994). The risk factors are well known.
• Lack of the democratic process and
denial of the rights of the individual
• Social inequity with unequal access to
wealth and health
• Control of natural resources by a single
group
• Rapid demographic change (Carnegie
Commission)
To prevent violence nations must;
- reduce poverty and ensure that develop-
mental assistance in the form of social
and health care reaches those who need
it
- reduce inequity
- reduce access to arms
- abide by international treaties.
Physicians are very much involved in the
first action and by their example will
encourage others to seek the 2nd, 3rd, and
4th.
The costs of violence have been calculated
in Latin America. It costs Colombia and El
Salvador 25% of their gross national bud-
gets, Brazil and Venezuela about 11% and
Mexico 1.3%
If those countries are to emerge from pover-
ty, their internal conflicts must cease
through the example of their neighbours.
We can do more to undo the harm of terror
and torture which are the hallmarks of the
oppressive regime, by exposing the practice
of torture. Physicians are in a dangerous but
crucial position to identify the victims and
document their injuries so that the perpetra-
tors can be brought to justice.
It is a gradual process. Torture is undertak-
en in intense secrecy, though it instills fear
from the knowledge that it is taking place.
Once brought to the light of day with the
naming and shaming of the perpetrators, the
will of the people will prevail. That is why
the WMA is partnering in the International
Council for the Rehabilitation of Torture
Victims in pilot projects in five countries to
promote the Istanbul Protocol, which pro-
vides guidance on the identification of the
injuries of torture victims so that they can
be documented and the perpetrators
brought to justice.
In my view, as a profession we need to do
more. We must also tackle the root causes
of child abuse, instill in societies non-vio-
lent means of resolving disputes, and we
must start in childhood.
The chastisement of children promotes a
culture of violence; this is exacerbated by
the severer forms of child abuse. Idi Amin
was a prime example of how devastating
the long term consequences can be.
I smacked my own children on a very few
occasions. Each time it was a failure by
me as their father to manage an annoying
provocative act. No one can be perfect,
but we can change our way of thinking
and learn nurturing ways of bringing up
our children. The case against chastising
children is overwhelming. Under UK law,
reasonable chastisement is allowed. Not
to allow chastisement is more reasonable.
Like the introduction of seat belts in the
UK, change of behaviour comes over
time. The important message is that the
community agrees that it does not con-
done violence towards children or adults.
In this way communities and the world
will be much safer places for their chil-
dren and the future of the world.
Dr James Appleyard
71
WMA
UNICEF in highlighting the plight of
thousands of children abducted by the
rebel Lord's Resistance Army in Nor-
thern Uganda has said that the plight of
these children as child soldiers and sex
slaves is being forgotten. UNICEF
Executive Director Carol Bellamy is
quoted as saying, “The world may be
awakening to the emergency in Sudan,
but it has all but forgotten the tragedy of
neighbouring Uganda, where in the past
two years some 12,000 boys and girls
have been abducted by the LRA” (UN
Office for the Coordination of
Humanitarian Affairs, 27 July 2004).
72
Dr. Bjørn Oscar Hoftvedt, Head of
Department of Professional Affairs,
Norwegian Medical Association
Introduction
Medical services in prison should be avail-
able to prisoners and organised to the same
quality and standards available to persons
in the community at large. A prison doctor
is responsible for the prisoners' physical
and mental health, and if necessary a pris-
oner should have access to specialised
health care outside the custodial setting.
The doctor's duty to secure that the prison-
er receives appropriate health care can,
however, come into conflict with the inter-
ests of the prison administration. Referring
a patient to a specialist service can be
expensive, particularly when the patient
needs a guard or other security measures 24
hours a day. For economical reasons many
prison directors could try to put pressure on
the doctor to refrain from referring patients
to clinics outside the prison.
Prison doctors can be called upon to exam-
ine whether a prisoner is fit for isolation or
other forms of special punishment. They
can also be ordered to give medical treat-
ment to prisoners who have been tortured.
Situations like these can cause difficult
dilemmas for the doctor. On the one hand,
he/she should comply with the same ethical
rules and human rights standards that are
applicable to all patients outside the prison.
On the other hand, the prison doctor is a
part of the correctional system. Regardless
of the organisational structure, it can be dif-
ficult to defend the rights of the prisoners.
The prison doctors therefore should have the
knowledge and skills needed to identify situ-
ations where they are in danger of violating
medical ethics and human rights, and how
they should deal with such situations.
Educational programmes on ethics and
human rights for prison doctors are not,
however a priority in most countries. The
Norwegian Medical Association, in co-oper-
ation with the World Medical Association,
has therefore developed an Internet course
on ethics and human rights for doctors and
other health personnel working in prisons.
Structure of the course
The course is interactive, using cases and
real-life material on which the student can
reflect. Each module ends with a multiple
choice test and there are also exercises and
open questions on which the doctor is
required to comment. When the doctor has
finished all the modules and completed the
tests and the evaluations, he can receive a
diploma and earn 12 hours/points in post-
graduate and continuing education.
Accreditation
The Norwegian Medical Association has
accredited the course, but we have also
applied for accreditation from the European
Accreditation Council for Continuing
Medical Education. The course is free of
charge. The World Medical Association is
the main distributor of the programme.
How to access the course
The course can be accessed via the World
Medical Association's website: www.wma.
net or directly on http://lupin-nma.net.
Those wishing to get an impression of the
course can log on as a guest.
Doctors and others who wish to take the
course must register and are required to
answer all the exercises and tests and com-
plete the evaluation form which appears at
the end of each module.
Content
The course consists of twelve modules:
1. International statements on human
rights, medical ethics and international
humanitarian law
Jim Welsh, Amnesty International, London,
UK.
This module discusses the general princi-
ples underlying the body of law and ethics
relevant to the work of prison doctors and
how it can assist doctors in structuring
their work with prisoners. The module
also outlines the main differences between
human rights standards, medical ethics
and humanitarian law.
2. Patient confidentiality and informed con-
sent
Ann Sommerville, Head of Ethics, British
Medical Association, Visiting Professor of
Medical Ethics, Queen Mary College,
University of London.
Regardless of where they are employed,
doctors have ethical duties to treat all
patients with respect. Seeking patient con-
sent and co-operation is part of this.
Prisoners are entitled to the same respect as
other patients, from the time of their admis-
sion and throughout their period of
detention.
Having completed this module, the doctor
should understand when consent is needed
from prisoners as from other patients, have
knowledge of the prisoners' right to confi-
dentiality, be able to assess when non-med-
ical staff have a right to look at prisoners'
medical records, and identify situations in
which doctors can breach confidentiality.
3. The prison doctor's responsibility to
report abuses of human rights
Jim Welsh, Amnesty International, London,
UK.
Incarceration and lack of power, as well as
prisoners' relative deprivation, contribute to
making them vulnerable to abuses. They
represent a population whose rights are
WMA
In WMJ50(1) we published a preliminary note that a course on Ethics and Human Rights for
Prison Doctors was being developed by the Norwegian Medical Association and the WMA.
This course is now accessible on the WMA website and his article sets out in some detail the
motivation for the course, its content and how doctors can participate.
A new online course for prison doctors
inherently at risk - from staff, from other
inmates and from the prison environment.
This chapter focuses on situations in which
doctors are obliged to take action and what
actions are possible. It also suggests
sources of support and cites standards
which can be used to support action.
4. Dual loyalties
Bjørn Oscar Hoftvedt MD, The Norwegian
Medical Association, and Hernan Reyes,
Medical Division, International Committee
of the Red Cross.
The interests of the penitentiary or correc-
tional system are clearly security and con-
trol, and not primarily the prisoners' health.
In many prison systems, doctors are obliged
by the prison rules to see every prisoner
before he or she can be punished for break-
ing some prison rule and sent to the punish-
ment cell. Should the doctor declare a pris-
oner as fit for punishment, or monitor pris-
oners in solitary confinement fit for the con-
tinuation of the punishment? There are often
no clear solutions to such dilemmas. After
completing this module the doctor should be
able to identify situations where medical
independence can be violated and be
acquainted with international codes and de-
clarations that ensure medical independence.
5. Hunger strike
Hernan Reyes, Medical Division,
International Committee of the Red Cross.
A hunger strike is a way of fasting that
involves some form of protest. It is usually
undertaken by prisoners or other persons in
a custodial setting. There are different types
of hunger strikes, some of which involve
complex situations and conflicts. Prison
doctors need to know about the clinical sit-
uations and physiology of fasting, but also
have to be aware of the ethical issues at
stake. This chapter discusses these issues
and presents the medical and ethical guide-
lines relating to hunger strikes of which all
doctors should be aware.
The module concentrates on the definitions
of hunger strike and how to analyse the
hunger striker's motives. The doctor should
be acquainted with Ethies and human rights
the doctor's role and be able to counsel a per-
son on a hunger strike.
6. Health services for female prisoners
Ingrid Lycke Ellingsen, Member Committee
for Prevention of Torture, Council of
Europe.
Female prisoners serve their sentences
under the same conditions as men, enjoy
the same rights and incur the same obliga-
tions. They belong, however, to the catego-
ry of especially vulnerable prisoners - a fact
which poses challenges for prison manage-
ment as well as for health care personnel
working in the prisons.
The main points in this module are the
international instruments which give the
doctor authority within the prison context
to seek ways to protect female prisoners. It
also deals with signs to look for which may
indicate the specific problems women will
experience in a prison setting, the impor-
tance of clinical assessment on admission
and during imprisonment and appropriate
management and treatment proposals.
7. Health care for vulnerable groups
Rosemary Wool, International Council for
Prison Medical Services.
The very nature of imprisonment inevitably
increases the vulnerability of any person
entering prison custody. There is no way to
escape the close proximity of fellow prison-
ers or the culture of the prison community,
which has its own hierarchical structures
and its own value system. Within the prison
community there are some groups of pris-
oners (adolescents, HIV-infected, homosex-
uals, etc.) who are particularly vulnerable to
physical and/or mental abuse.
By the end of this module the prison doctor
will have learnt the important role of the
doctor in the management of vulnerable
prisoners, the main vulnerability factors of
each category of prisoner mentioned, and
ways of reducing the risk of physical and
mental harm and deterioration of health.
8. Care of the mentally ill in prison
Dusica Lecic-Tosevski, MD, Professor of
Psychiatry, Institute of Mental Health
School of Medicine, University of Belgrade
Serbia and Montenegro, and Vladimir
Jovic, MD, Psychiatrist and Psycho-
therapist, Psychiatric Service "Median",
Belgrade, Serbia and Montenegro.
The high level of psychiatric morbidity in
the prison population means that doctors
providing health care within prisons come
into frequent contact with mental health
problems, often of considerable severity. In
most respects, care of the mentally ill in
prisons is no different from such care in
other areas of the mental health services.
However, it does differ in some ways. It
occurs in an environment of compulsion
and coercion. The modern concept of men-
tal health care focuses on therapy and reha-
bilitation rather than control and contain-
ment. This is not easy to achieve in prisons,
where dual loyalties and responsibilities are
dominant. There is no doubt, however, that
doctors should consider the care of mental-
ly disordered offenders as their primary
function. The goals to reduce symptoms
and improve function are not in conflict
with prevention of recidivism (social func-
tion). Prevention and rehabilitation of men-
tal disorders should not be neglected in
prison settings.
9. Violence in Prisons: The Role of the
Medical Professional
James McManus, Professor of Criminal
Justice at Glasgow Caledonian University.
Violence is endemic in prisons. Indeed, the
very act of depriving someone of his or her
liberty is an act of violence, but one which
almost all societies accept as legitimate in
certain circumstances. Not surprisingly,
however, the generally accepted legitimacy
of imprisonment does not in itself always
prevent the inherent violence of the act
from setting a general tone of violence in
penal institutions.
In this module the prison doctor will be able
to understand the different kinds of vio-
lence which can arise in this arena, develop
strategies for medical responses to each of
the categories of violence in prisons, and
consider his/her contribution to strategies
for violence reduction.
10. Medical signs of torture and other
degrading treatment
Sverre Varvin, PhD, Senior Consultant
Psychiatrist, Researcher, National
73
WMA
As the WMA approaches its 55th General
Assembly, scheduled to take place in Tokyo
during October 2004, the organization cele-
brates its long and fruitful partnership with
the Japan Medical Association. This associ-
ation joined the WMA in its early years and
ever since has made a formidable contribu-
tion in every sense of the word. Not only
have the physicians from Japan been able to
help build cultural bridges between other
nations and Japan, but they have also man-
aged to produce great leaders. The leg-
endary Dr. Takeo Takemi was a hugely
influential leader in Japan and one of the
trusted advisers of the Emperor of Japan.
He also served as the President of the
WMA and managed to make a great impact
on how the medical profession and its ethi-
cal codes evolved. Another JMA leader
who made a huge contribution to interna-
tional medicine was Dr. Eitaka Tsuboi.
During his reign as JMA President, he man-
aged to help defend the profession's clinical
autonomy and ethics in a time of rapid
change and globalization. As WMA
President, he represented the organization
with great honour throughout the world,
including cross-sectoral interchanges such
as the World Economic Forum in Davos.
During 2004, another great leader emerged
when Dr. Harano Uematsu, long-time
President of the Osaka Medical Asso-
ciation, was elected as the new JMA
President. He will be welcoming some 200
medical leaders from all over the world to
Tokyo this October. As two organizations
with an ever-growing influence, the WMA
and JMA will facilitate the international
debate on a wide-ranging spectrum of
issues, from the ethics of research to the
management of human resources for health.
In addition, the JMA was one of the initia-
tors of the policy debate on the link between
water resources and public health, and the
WMA will most probably adopt its first pol-
icy statement on the important links between
water and health. It will again be a privilege
to welcome the Emperor and Empress as
well as the Prime Minister of Japan to the
General Assembly, a great honour for all the
international participants present.
Tokyo was the site where one of the land-
mark policies of the WMA, the famous
Declaration of Tokyo, was adopted. In
1975, the WMA General Assembly devel-
oped and adopted this Declaration to pro-
vide guidelines for physicians to detect,
treat and help prevent the torture and abuse
of detainees or prisoners. The importance
of this policy document has always been
valued by partners such as the Red Cross,
who perform prison visits throughout the
world and know how vulnerable prisoners
are to torture and abuse. But in the last few
months, with much being written in the
press about the possible involvement of
physicians in the torture and abuse of
detainees in different countries, the impact
74
WMA Secretary General
Knowledge Centre for Trauma and
Violence, University of Oslo, and Önder
Ozkalipci, MD, Human Rights Foundation
of Turkey.
Trauma affects the mind and body and
gives symptoms and signs that originate in
a disturbance in the mind-body organisa-
tion. Mental trauma is an experience of
overwhelming fear and helplessness.
Habitual ways of coping break down, and
the person must use desperate and primitive
means to survive, both mentally and physi-
cally. Repeated or prolonged traumatic
experiences strain the capacities, exhaust
the individual and commonly may lead to
severe and prolonged after-effects.
After going through this section the learner
should understand and be able to diagnose
psychic trauma and set up a treatment plan
for the traumatised person.
11. Research involving members of the
prison population
Julian Sheather, Ethics Adviser, British
Medical Association.
As a general principle, prison inmates
have exactly the same rights to consent
and to refuse involvement in research
projects as the general population.
Prisoners are also entitled to benefit from
research and innovative treatment in the
same way as individuals in the communi-
ty. They have the right to act altruistical-
ly through involvement in research pro-
jects which, while carrying only minimal
risk, might benefit others in the same cat-
egory without directly benefiting them-
selves.
This module particularly explores what
rights prisoners have to consent or refuse
involvement in research programmes, and
to what extent, if any, these differ from the
rights of the general population; how to
assess the various ethical considerations
that apply when designing research using
prison populations; and the factors that
need to be taken into account when assess-
ing the fairness of procedures for recruiting
prison participants into research pro-
grammes.
12. Capital punishment
Vivienne Nathanson, MD, Director of
Professional Activities at the British
Medical Association, Professor, School of
Health, University of Durham.
Capital punishment has been removed from
the statute books in many countries. Of
those that retain it within their legislative
framework, only a minority continue to use
it. A very small number of countries use
capital punishment extensively. The pur-
pose of this section is not to consider the
moral and ethical issues covering its avail-
ability and appropriateness as a sanction,
but the issues that surround its use, and in
particular the roles that may be played by
doctors.
Doctors working in prisons should be able
to identify the areas in which they might be
asked to become involved, and the ethical
dilemmas relating to treatment decisions.
Capital punishment is not a uniform sys-
tem, and the dilemmas will therefore differ,
depending upon the legislation.
From the Secretary General’s Desk,
August 2004
75
and importance of this policy has been
emphasized even more. The Declaration
states in no uncertain terms that physicians
should in no way facilitate, condone or par-
ticipate in the practice of torture or other
forms of cruel, inhuman and degrading pro-
cedures of prisoners and detainees. This
ethical obligation applies to all physicians
in all situations, including armed conflict
and strife. It is evident that physicians
working in prisons have a greater challenge
to deal with these realities, and for this rea-
son the WMA, in collaboration with the
Norwegian Medical Association, have
developed a training manual to help bolster
knowledge of the subject of the prevention
of torture and abuse. This distance learning
course will be launched during September
2004 and will hopefully provide a much -
needed resource for prison personnel
world-wide.
Lastly, the General Assembly in Tokyo will
mark the change of guard of the WMA
Presidency. Dr. Jim Appleyard, a paediatri-
cian and seasoned medical politician from
Britain, will hand over the reins to Dr. Yank
Coble, a Past President of the American
Medical Association. Dr. Appleyard has
served the WMA and the medical profes-
sion with great distinction. His Presidential
theme, the protection and development of
children's rights to health care, was timely,
appropriate and well received both by
members and world bodies such as the
World Health Organization. His successor,
Dr. Coble, plans to launch a "Caring
Physicians" campaign during his term. As
the classic example of a caring physician
himself, he will visit the six regions of the
WMA promoting and highlighting the fun-
damental values of medicine - science, care
and ethics. For the first time, the President
will have his own website and end the year
with the publication of a book depicting
role model physicians from all over the
world. Truly an Assembly and Presidency
to look forward to.
Geneva – Up to half of all people with seri-
ous mental disorders in the United States
and several European Countries are not
receiving treatment, and the situation is
even worse in some developing countries,
according to major studies by the World
Health Organization.
The findings from the first of a series of
WHO World Mental Health Surveys are
published in the current issue of the Journal
of the American Medical Association
(JAMA)1
. They clearly show the high
prevalence and burden of mental disorders
globally which, despite available treat-
ments, remain largely untreated.
The first WHO World Mental Health
Survey report includes data from 14 coun-
tries (six less developed, eight developed)
on the prevalence, severity, and treatment
of mental disorders from 60,463 face-to-
face interviews with adult individuals rep-
resenting the general population. The
Surveys were conducted from 2001–2003
in the Americas (Colombia, Mexico, United
States), Europe (Belgium, France,
Germany, Italy, Netherlands, Spain,
Ukraine), the Middle East and Africa
(Lebanon, Nigeria), and Asia (Japan,
separate surveys in Beijing and Shanghai in
the People's Republic of China). The six
countries classified as less developed by
the World Bank are China, Colombia,
Lebanon, Mexico, Nigeria, and Ukraine.
All surveys used a structured diagnostic
interview to assess disorders and treatment.
Disorders considered included anxiety dis-
orders, mood disorders, disorders that share
a feature of problems with impulse control,
and substance abuse disorders.
The researchers found that the prevalence
of having any mental disorders in the prior
year varied widely from 4.3% in Shanghai
to 26.4% in the United States.
“Between 33.1% (Colombia) and 80.9%
(Nigeria) of 12-month cases were mild,”
the researchers report. “Serious disorders
were associated with substantial role dis-
ability [inability to carry out usual activi-
ties] 35.5% to 50.3% of serious cases in
developed countries and 76.3% to 85.4% in
less-developed countries received no treat-
ment in the 12 months before the inter-
view.”
“The fact that many people with subthresh-
old disorders are treated while many with
serious disorders are not shows that unmet
need for treatment among serious cases is
not merely a matter of limited treatment
resources, but that misallocation of treat-
ment resources is also involved”, the
authors, Drs Ronald C. Kessler and T.
Bedirhan Ustün on behalf of the 28 country
network, concluded.
“To the extent that early intervention can
prevent progression, early treatment might
be cost effective. A new focus on develop-
ment and evaluation of secondary preven-
tion programs for the early treatment of
mild cases is needed to guide rationaliza-
tion of treatment resource allocation,” the
authors conclude.
Dr. Benadetto Saraceno, Director of the
WHO Department of Mental Health and
Substance Abuse, commended the study as
“conclusive evidence on indicating the
global burden of disease due to mental and
substance abuse disorders” and “good
insight into the treatment gap that exists all
over the world largely because of stigma
and under-recognition of mental and sub-
stance abuse disorders.”
1. JAMA 2004; 291: 2581-2590. Available at
www.jama.ama-assn.org/cgi/reprint/291/21/2581.
Please see Jama paper for list of authors and for fund-
ing information.
World Health Organization
Mental and substance abuse disorders
Mental disorders are widespread,
disabling and often go untreated
Philippe Stroot, WHO Geneva
The Health Academy is a WHO initiative to
create a global health and technology net-
work. Its uniqueness lies in its capacity to
provides health information to the general
public for the purpose of health improve-
ment. It provides guidance in terms easily
understood by people from all walks of life
and all age groups, taking into considera-
tion their individual cultural sensitivities.
Health is a universal value that transcends
cultures and classes and is considered by
the World Health Organization (WHO) to
be at the heart of human development. The
opportunity to enjoy the highest attainable
standard of health has been enshrined in the
World Health Organization's Constitution
for more than half a century. Yet today, an
intolerable burden of illness still afflicts a
large part of the world population. For mil-
lions of people around the world, particu-
larly those who live in the poorest segments
of society, the reality today is one of ram-
pant disease aggravated by poverty and lack
of knowledge. On the other hand, it is quite
obvious that development, economic
growth, stability, human dignity and the ful-
filment of human rights will only be
achieved when people are given the oppor-
tunity to live healthy lives.
Since health-care is increasingly expensive,
the key to break the cycle of disease and
poverty has to be health promotion and pre-
vention. But the question is how to do it
effectively? How to help people prevent
disease and fully benefit from the care they
need? WHO believes that one solution
could be the efficient harnessing of modern
technology to convey electronic informa-
tion on health to all levels of society. In the
last half of the twentieth century, advances
in technology and telecommunications,
while bringing human beings closer in one
sense, have also contributed to the ever-
widening gap between prosperity and
poverty and between health and sickness.
New drugs and vaccines are being devel-
oped and new disease prevention and con-
trol mechanisms envisaged. Technological
advance has been unbelievable. But who
really benefits from this progress?
Bridging the digital divide
Information, and its corollary, knowledge,
can indeed either divide or unite, depending
on its use. It gives the means to either
correct social inequities or create them,
enhance sustainable development or
deplete valuable and irreplaceable
resources. The Health Academy's aim is to
reach the poorest of the poor all over the
world and give them the knowledge they
need to protect and improve their health. It
will bring information, technology and
health together, in the form of e-learning, to
create awareness and convey pertinent
basic health knowledge in a language that
everyone can understand. This is expected
to help improving the quality of life and
promoting more positive attitudes, eventu-
ally leading to a more productive society of
individuals. It will also contribute to bridg-
ing the digital divide, which is obviously
linked to the social and economic inequali-
ties that exist in the world today.
WHO's conviction is that information tech-
nology must be used in the field of educa-
tion, for the schoolchild, undergraduate,
and postgraduate, providing the knowledge
of health specialists for all citizens of the
world, particularly in the field of health and
specifically in educating future health pro-
fessionals. Research is providing insights
into diseases that were not known before.
To keep abreast of the latest knowledge on
physiology, pathology, and genetics is an
enormous task. It is essential that doctors'
and health professionals' skills and compe-
tence be maintained and validated. One
major advantage of communication tech-
nologies is that materials can be instantly
updated and disseminated. Textbooks take
time to prepare and publish, and are costly
to distribute.
By making health information accessible,
WHO believes that people will attain a safe,
healthy, and productive lifestyle. It should
also stimulate a dialogue between the pub-
lic, medical professionals and policy-mak-
ers. The Health Academy especially takes
into consideration individual cultural sensi-
tivities. With its globally spread education-
al networks, it will eventually be able to
connect people from different nationalities
and cultures. Such an enhanced global
interaction will lead to an exchange of
knowledge and cultural customs that can
engender a global society that is rich in its
diversity and united in its humanity.
Carefully validated health
content and state of the art
technology
WHO's rich information resources and
expertise in health issues, as well as its
world-wide access to health information in
all countries, is the main source of validated
health content for the Health Academy. As
the main partner in this new initiative, Cisco
Systems Inc. is providing and developing
the e-learning methodology, which goes far
beyond simple distance learning. Its essen-
tial feature is its interactivity, which allows
the learner to construct from first principles
the very essence of what is being taught and
to consolidate vital relationships between
each building block. This approach helps to
develop critical thinking and enhances con-
centration capacities. The curriculum is
exciting to both educators and students, as it
is a truly interactive mix of different media
technologies. E-learning courses will cover
major health issues including tobacco use,
blood infections, food safety, nutrition,
physical activity, rational use of medicines,
personal hygiene, etc.
The portal concept has been developed and
two pilot studies were carried out, one in
Egypt and the other in Jordan. They were
directed at 12 to 18-year old students in 20
schools in each of the two countries. Based
on the evaluation of this experience, the
76
World Health Organization
The Health Academy:
a first step towards a virtual school
to promote public health world-wide
Health Academy will be expanded to other
countries and regions of the world, with a
view to eventually reach the entire popula-
tion of our planet. Two major dimensions
will be taken into account in order to achieve
the overall vision: the health condition
dimension and the cultural dimension. On
this basis, the following regional clusters
may be identified: Latin and Central
America, North America and Western
Europe, the Arab World and the Middle-East
countries, Central and Eastern Europe, Sub-
Saharan Africa, the Indian subcontinent,
Japan and South East Asia, and Oceania.
An initiative with limitless
possibilities
By following these e-learning courses,
young people will rapidly learn the modern
technological skills to acquire new knowl-
edge. They will develop new attitudes and
healthier behaviours and promote good
health messages in their family and com-
munity. Improved mental and physical
health will facilitate clarity of mind and
emotional stability. This in turn will enable
students to take empowering, life-changing
steps in all aspects of their lives. As a result,
individuals, families, communities and
nations will become healthier and more
able to partake in global society.
The educational process will not stop at the
participating users enrolled in the courses.
Once the Health Academy is established, the
equipment and courses provided within the
education system can be used in the evenings
by the parents and the general public under
the guidance of mentors. This could have
important benefits in improving the teacher-
parent relationships as well as educating peo-
ple of all age groups in the use of the comput-
er, accessing Internet and in the subjects
selected. In addition, the Health Academy
may be extended to community Internet cen-
tres and other points of access. As such, it is
hoped that health development will become
entrenched in the society at large.
The Health Academy has developed com-
pletely four courses in English. Because the
pilot study was carried out in two Middle
Eastern countries, these courses are also
available in Arabic. All courses will eventu-
ally become available in the six United
Nations official languages.
“The Health Academy provides unprece-
dented opportunities for effective health
promotion through people-centred partner-
ships” said Dr LEE Jong-wook, Director-
General of WHO, at the launch of this new
initiative last December. “It is more than
just education; it is a means to influence
attitudes and behaviour towards a healthier
lifestyle, which in turn may help reduce
gaps between prosperity and poverty and
health and sickness.”
The launch generated a lot of interest world-
wide. Government offices, medical institu-
tions, educational and health organizations,
universities and individuals from all parts of
the world contacted the Health Academy to
request more information or to propose col-
laboration, suggesting to expand it to specif-
ic regions, countries and languages. This
high level of expectation meets the very aim
of the Health Academy, which is to become
a virtual school of public health disseminat-
ing validated knowledge and information to
the entire global community.
Further information: contact Philippe
Stroot,Information and External Relations,
WHO, 20 avenue Appia, 1211 Geneva 27,
Switzerland, tel 41 22 791 4316 e-mail
strootp@who.int.
77
The Treaty closed for signature with
nearly 90% of countries having signed
and over half the ratifications needed for
its entry into force having been received
Geneva, 2 July 2004 – The World Health
Organization Framework Convention on
Tobacco Control (WHO FCTC) closed for
signature this week, with nearly 90% of
countries having signed and over half of the
required ratifications, keeping the
Convention on track to become binding
international law by the end of 2004. The
WHO FCTC has become one of the most
rapidly embraced United Nations conven-
tions, with 168 WHO Member States and
the European Community (EC) signing, and
23 countries ratifying, accepting, approving
or acceding to the Convention, just one year
after it opened for signature in Geneva.
WHO is now helping countries prepare for
the moment when the WHO FCTC reaches
40 ratifications and it comes into force. An
important step in this process included a
five-day Intergovernmental Working Group
in Geneva, chaired by Brazilian
Ambassador Luiz Felipe de Seixas Corrêa,
Chair also of the last three rounds negotia-
tions that led to the accepted text of the
WHO FCTC. The rapid response to the
WHO FCTC demonstrates the increasing
commitment worldwide to control the
tobacco epidemic, which continues to
expand at alarming rates, especially among
people in less-developed countries.
“Although we have good reason to be con-
fident, a relentless effort will still be need-
ed for the foreseeable future. Current pro-
jections show a rise of 31% in tobacco-
related deaths during the next twenty years,
which will double the current death toll,
bringing it to almost ten million a year,”
said WHO Director-General Dr. LEE Jong-
wook to countries attending the Inter-
governmental Working Group. “When the
Treaty comes into force, national and local
activities aimed at reversing these trends
will be enormously strengthened. The
result will be improved public health and
reduced poverty.”
WHO has urged countries that have signed
to ratify the Treaty as soon as possible.
“The sooner the 40 ratifications are in
place, the sooner effective and coordinated
actions within the Framework Convention
World Health Organization
The WHO Framework Convention on Tobacco
Control on track to become law by the end of
the year
at country level can begin. Countries can
rely on WHO for continued support,” said
Dr. Catherine Le Galès-Camus, Assistant
Director-General, Noncommunicable
Diseases and Mental Health, at WHO.
The WHO FCTC, adopted unanimously by
all WHO Member States in May 2003, is the
first public health treaty negotiated under the
auspices of WHO. It was designed to
become a tool to manage what has become
the single biggest preventable cause of
death. There are currently an estimated 1.3
billion smokers worldwide. Half of them,
some 650 million people, are expected to die
prematurely of a tobacco-related disease.
Note
The WHO FCTC has, as of 30 June 2004,
168 signatories (including the European
Community) and 23 ratifications or the
equivalent. The Parties to the WHO FCTC
as of 30 June 2004 are Bangladesh. Brunei
Darussalam, Cook Islands, Fiji, Hungary,
Iceland, India, Japan, Kenya, Maldives,
Malta, Mauritius, Mexico, Mongolia,
Myanmar, Nauru, New Zealand, Norway,
Palau, Seychelles, Singapore, Slovakia and
Sri Lanka.*
The WHO FCTC has provisions that set
international standards on tobacco price
and tax increases, tobacco advertising and
sponsorship, labelling, illicit trade and sec-
ond-hand smoke. The Treaty will enter into
force and become law for the countries that
are parties to it 90 days after the 40th ratifi-
cation or equivalent instrument. Seventeen
more Parties are needed for the entry into
force of the Treaty.
During the Intergovernmental Working
Group from 21 to 25 June in Geneva, dele-
gates elaborated proposals on different proce-
dural, institutional, financial and budgetary
issues that will be presented to the WHO
FCTC Conference of the Parties for its con-
sideration and adoption. The Conference of
the Parties (COP), formed by all Parties to the
Treaty, will take place during the year follow-
ing the entry into force of the WHO FCTC.
Countries that have not signed at this date
wishing to become party to the Treaty can
do so by means of accession. For signato-
ries of the Treaty, there is no deadline for
ratification (equivalent).
For the current status and full text of the
WHO FCTC, please visit:
www.who.int/tobacco/areas/framework/sig
ning_ceremony/countrylist/en/
For further information, please contact
Marta Seoane, Communications Officer,
Tobacco Free Initiative, WHO Geneva,
Tel.: +41 22 791 2489, mobile: +41 79475
5551, e-mail: seoanem@who.int
78
WHO issues new recommendations for
Ginseng, Echinacea and other medicinal
plants
Geneva: The World Health Organization
has released guidelines for good agricultur-
al and collection practices for medicinal
plants – an industry estimated to be worth
more than US$ 60 billion. The guidelines
are intended for national governments to
ensure that production of herbal medicines
is of good quality, safe, sustainable and
poses no threat to either people or the envi-
ronment.
Herbal medicines could be the natural
answer to some ailments and can often be
readily available. For these reasons, they
are growing in popularity in wealthy coun-
tries and their use remains widespread in
developing regions.
However, reports of patients experiencing
negative health consequences caused by the
use of herbal medicines are on the rise. One
of the major causes of adverse events is
directly linked to the poor quality of herbal
medicines, including raw medicinal plant
materials, and to the wrong identification of
plant species. Cultivating, collecting and
classifying plants correctly are therefore of
the utmost importance for the quality and
safety of products.
In addition to patient safety issues, there is
the risk that a growing herbal market and its
great commercial benefit might pose a
threat to biodiversity through over-harvest-
ing of the raw materials for herbal medi-
cines and other natural health care prod-
ucts. If not controlled, these practices may
lead to the extinction of endangered species
and the destruction of natural habitats and
resources.
The WHO guidelines on good agricultural
and collection practices (GACP) for medici-
nal plants are an important initial step to
ensure good quality, safe herbal medicines
and ecologically sound cultivation practices
for future generations. In an easy-to-under-
stand style they cover the spectrum of culti-
vation and collection activities, including site
selection, climate and soil considerations and
identification of seeds and plants. Guidance
is also given on the main post-harvest opera-
tions and includes legal components such as
national and regional laws on quality stan-
dards, patent status and benefit sharing.
Background facts
The safety and quality of raw medicinal
plant materials and finished products
depend on intrinsic (genetic) or external
(environment collection methods, cultiva-
tion, harvest, post-harvest processing,
transport and storage practices) factors.
Inadvertent contamination by microbial or
chemical agents during any of the produc-
tion stages can also lead to deterioration in
safety and quality. Medicinal plants collect-
ed in the wild may be contaminated by
other species or plant parts through
World Health Organization
* edit: The number of countries which have ratified
or taken equivalent action had risen to 30 (August
2004)
Herbal medicines
Medicinal Plants – Guidelines to Promote
Patient Safety and Plant Conservation for a
US$ 60 Billion Industry
misidentification, accidental contamination
or intentional adulteration, all of which may
have unsafe consequences.
Adverse reactions due to substitu-
tion of incorrect plant:
Digitalis: Cases of serious cardiac arrhyth-
mias were reported in the USA in 1997 fol-
lowing the accidental substitution of plan-
tain, to be used as a dietary supplement, with
Digitalis lanata, generally used for heart
conditions. Subsequent investigations were
reported to reveal that large quantities of the
misidentified plantain had been shipped to
more than 150 manufacturers, distributors
and retailers over a two-year period.
Podophyllum: Fourteen cases of
Podophyllum poisoning have been reported
from Hong Kong Special Administrative
Region of China, following the inadvertent
use of the roots Podophyllum hexandrum
instead of the Gentiana and Clematis
species for the antiviral qualities. It is
reported that this accidental substitution
arose because of the apparent similarity in
the morphology of the roots.
Aconitum: Cases of cardiotoxicity resulting
from the ingestion of Aconitum species used
in complementary medicine for acute infec-
tions and panic attacks have been reported
from Hong Kong, China. Aconitum root-
stocks are processed by soaking or boiling
them in water in order to hydrolyse the
aconite alkaloids into their less toxic, aco-
nine derivatives. Toxicity can, however,
result when such processes are mismanaged.
In the United Kingdom, the internal use of
aconite is restricted to prescription only.
Endangered medicinal plants:
The wild types of the popular medicinal
plant ginseng (Panax ginseng), used to
address digestive conditions resulting from
nervous disorders, is currently reported to
be rapidly declining due to increasing
demand and collection.
Wild Amercian ginseng, goldenseal, echi-
nacea, black cohosh, slippery elm and kava
kava top the “at-risk list” of endangered
species of medicinal plants.
Cultivation has replaced wild collection for
the supply of some essential drugs used in
modern medicine. The Madagascar rosy
periwinkle, Catharanthus roseus, is widely
cultivated in Spain and the United States for
its properties which are considered useful
in treating childhood leukaemia and
Hodgkin’s disease.
A traditional medicine for which demand is
greater than the potential for supply is the
African Pygeum tree (Prunus africana). The
bark is a very popular natural remedy for
prostate disorders in some European coun-
tries such as Spain – but it is harvested from
wild trees growing in the mountain forests
of continental Africa and in Madagascar and
is unsustainable under current practices.
While the bark can be harvested sustainably,
harvesters either cut too much, which results
in the death of the trees, or they fell whole
trees. The International Centre for Research
in Agroforestry (ICRAF) and others are
working to establish sustainable sources of
Prunus africana through conservation of
wild tree populations and assistance to
smallholders to grow the tree – something
that will also help increase farmers’
incomes. ICRAF is also working on a breed-
ing programme to select varieties which will
take less time to reach harvestable age.
Devil’s Claw, Harpagophytum procum-
bens, is another popular remedy that is
unsustainably harvested and may become
extinct in the wild under current practices.
It has been used as a tonic, as a treatment
for arthritis and rheumatism, to reduce
fever, ease sore muscles, and reduce choles-
terol, and externally the ointment is used to
treat sores, boils, and ulcers. It is also used
to cleanse the lymph system and to remove
toxins from the blood.
Devil’s Claw is produced in southern Africa,
and Namibia is the biggest exporter in the
region. Just under 200 tonnes were exported
from Namibia between January and August
2000. Between 10,000 and 15,000 har-
vesters rely on sales from its collection as
their only source of cash. However, current
prices are not a true reflection of the real
value of their work; indeed, over the last 24
years the price has dropped by as much as
85%. In 1998, a sustainably harvested
Devil’s Claw project was set up on a reset-
tlement farm in Namibia and has rapidly
expanded. The following year, 10,210 kg of
certified organic Devil’s Claw was pro-
duced, providing local people with a sus-
tainable product at a guaranteed and fair
price. This could be the way forward, pro-
vided that users of Devil’s Claw demand
that suppliers stock only certified products.
79
World Health Organization
Geneva – The World Health Organization
has warned of dire health consequences for
millions of people in Darfur, Sudan. A sig-
nificant increase in disease and death is
inevitable without a rapid increase in exter-
nal help. The catastrophe can only be pre-
vented through an urgent scaling up of the
current international response.
Greater Darfur is comprised of three States
with a population of 6.7 million. The
humanitarian crisis has displaced more than
1.2 million people from their villages and
homes and Iffected two million in total. In
at least one instance, the child mortality rate
rose to three times higher than the interna-
tional threshold for a humanitarian emer-
gency (two deaths per 10,000 under-five
children per day).
On 3 June, Ministers and senior officials
from donor nations met in Geneva to inten-
sify their response to the crisis in Darfur.
Bold and decisive action is needed now.
WHO estimates that a humanitarian crisis
can only be prevented through a rapid scal-
ing up in the responses, especially during
the next three months, WHO now seeks
Humanitarian aid
Dire Health Consequences for Millions of
People in Darfur, Sudan, and Calls for
Intensified Health Response
US$ 7.6 million for the health response in
Darfur as part of US$ 30 million needed for
health work throughout Sudan, to help the
Government coordinate the response of the
health sector and tackle disease outbreaks,
improve sanitation, respond to public health
needs and improve access to medical care.
The deepening Darfur crisis
“Death and disease spiral upwards when
there is inadequate food, unsafe water,
improper sanitation and shelter, widespread
violence, lack of public health inputs like
vaccinations and insufficient access to med-
ical care. These are the realities of the cur-
rent crisis in Darfur,” said WHO Director-
General LEE Jong-wook. “The world must
not stand by as conflict is compounded by
rising rates of death that could be prevented
through concerted action.”
In October 2003, the United Nations warned
of an imminent humanitarian crisis in Darfur
and appealed for extra resources. After a
long delay, funds are now being pledged.
Subsequently, needs have increased. During
April 2004, the number of affected people
rose to two million, with at least 1.2 million
internally displaced and 100,000 refugees in
Chad. Reports suggest continuing increases
in levels of malnutrition (doubling each
week in some settings), diarrhoea, measles
and death. WHO has, so far, been promised
a total of US$ 3.9 million for its response.
Dr Hussein Gezairy, WHO Regional
Director for the Eastern Mediterranean
Region, stated that, “Delivering much-
needed aid is an immense challenge in
Darfur because people are scattered over a
vast land area, and communications have
been badly disrupted. Accessing those in
need requires intense collaboration by all. A
massive scale-up in international commit-
ment, action and effective ground presence
is needed now to save precious lives.”
The UN and non-governmental orga-
nisations have faced many challenges in
their efforts to scale up action in Darfur dur-
ing the past few months. The immediate pri-
ority now is to save lives and mitigate the
overall risk, exacerbated by the onslaught of
the rainy season, to the health of the affected
populations. This will require skilled public
health staff properly equipped to tackle dis-
ease, initiate immunization campaigns,
ensure water quality and proper sanitation
and make sure that priority surgical and
medical care is available where it is needed.
The Ministry of Health, WHO and partners
have identified needs and priorities, and are
together working to deploy Sudanese physi-
cians and surgeons to Darfur hospitals and
health centres urgently, in coordination with
the UN system as well as NGOs.
In the short term, there is an urgent need for
skilled and experienced international senior
public health specialists, together with sur-
geons, physicians, nurses and logisticians,
to work in Darfur under the direction of the
Government of Sudan and WHO. They
need equipment and supplies in order to be
effective.
WHO welcomed recent assurances from
the Government of Sudan that permits for
humanitarian workers to travel from
Khartoum to Darfur would be issued within
48 hours, and that movement of relief sup-
plies will be facilitated.
A call to action
Now the misery of Darfur is becoming
apparent to all the world's leaders. WHO
reiterated its call for action to counter this
human suffering. The UN system and
NGOs need sustained and committed finan-
cial and political backing to counter what
can only be described as a disaster.
Some recent actions for
health in the Darfur crises
WHO has had staff in Darfur since the end
of 2003 and provides regular assessments
of people's health situation and needs.
WHO helps coordinate and oversee interna-
tional support for public health in Darfur.
• Disease Surveillance and Preparation
for Outbreaks: an early warning system
for cholera, dysentery, and malaria, is
run by 52 trained surveillance officers,
with pre-placement of outbreak
response materials in the three States.
• Measles Vaccination Campaign: the
Ministry of Health, UNICEF, WHO and
partners are making final preparations
for a massive measles vaccination cam-
paign covering more than two million
children in Darfur. This will supplement
the measles care being undertaken by
NGOs, targeting children between the
ages of nine months and 15 years. As
part of the campaign, children will
receive vital Vitamin A supplements and
vaccination against poliomyelitis.
• Environmental Health: 172 environ-
mental health workers have been trained
and equipped to ensure that vector con-
trol, waste disposal measures and health
promotion are in place for 310,000 peo-
ple in four locations: El Mashtel, Abu
Shouk and Kaalma, and Geneina.
For more information: IN KHARTOUM: Dr Guido
Sabatinelli, WHO Representative to Sudan, Tel: 24911 780
190, Mobile: 249 121 39 448, Fax 249 11 77 62 82 E-Mail:
whsud@sudanmail.net.sd; IN CAIRO: Dr Ibrahim
Kerdany, Senior Information Officer, WHO, Tel: 00202
2765037, E-Mail kerdanyi@emro.who.int; More informa-
tion on WHO's response in Darfur can be found on
http://www.who.int/disasters.
80
Regional & NMA News
Regional and NMA News
Drug Costs in Europe
While there is universal concern about the
cost of medicines, it is interesting to note the
report in Euro Observer* that in Denmark
while drug prices have fallen by about 20%
since 1995, public sector prescription drug
costs continue to rise. Costs in 2003 showed
a 5.7% rise over the previous year. This is
attributed to “rising drug consumption due
to demographic developments and the intro-
duction of new drugs on the market.”
In the same newsletter, it is reported that in
Finland, generic substitution, which was
introduced into the Social Insurance
System (Kela) in April 2003, produced a
81
Because Canada is a federation of one fed-
eral, three territorial and ten provincial gov-
ernments, political jockeying at different
levels is a well-established part of Canadian
life. At no time is this more abundantly
clear than when health care is involved.
In fact, health care issues dominate
Canadian political life to such an extent that
they were the overriding theme of most
political advertising and debate during the
June 2004 federal election.
These diverging views and opinions can
place an organization like the Canadian
Medical Association (CMA) in the no-
man’s land between competing political
interests and visions. And although life in
no-man’s land can be difficult, it also pre-
sents powerful opportunities to affect polit-
ical outcomes.
In Canada, these opportunities have never
been greater.
First, after a strident election the political
gods conspired on June 28 to give Canada
its first minority federal government in 25
years. This means the new Liberal govern-
ment will have to attract allies because it
holds only 135 of the 308 seats in Canada’s
House of Commons. (The CMA takes a
neutral stance in all federal elections and
supports no political party before or during
an election campaign. Although it raises
health care issues, it never supports a par-
ticular political party during a campaign.)
Second, from this new minority position
Prime Minister Paul Martin must deal with
a restive group of provincial and territorial
politicians who appear more ready than
ever to challenge the federal government on
health care funding.
Combine these two facts, says Dr. Sunil
Patel, who was the CMA’s president during
the federal election, and the health care
debate in Canada is approaching a crucial
juncture. He thinks Canada’s physicians are
ideally placed to affect the outcome.
It is notable, he says, that Canada’s new
federal minister of health, Ujjal Dosanjh,
chose the CMA’s 2004 annual meeting in
August as the venue for his first major
speech – exactly one month before the
provincial premiers and federal prime min-
ister hold an extraordinary “First Ministers”
meeting dealing solely with health care.
“It will be interesting to see what messages
the federal government chooses to deliver
at our meeting,” said Dr. Patel, whose term
ended during the 2004 annual meeting. “A
lot of people, and not just doctors, will be
watching this closely.”
He was right. Delegates were addressed by
Premier Dalton McGuinty of Ontario,
(which, with a population of 11 million
people is Canada’s biggest province) as
well as by Mr. Dosanjh and Roy Romanow,
who led a 2002 federal royal commission
on health care. Their comments dominated
Canadian media reports while the Aug. 16-
18 CMA meeting was taking place.
The health care issues confronting
Canada’s politicians are both considerable
and controversial. For example:
• How much should each level of govern-
ment spend to provide health care? The cur-
rent annual bill is C$120 billion for every-
thing from physicians’ fees to drug costs and
dentists’ bills. Governments are responsible
for about 70 percent of the total, and the
provinces and territories claim they have
been left with too large a share to pay because
of deficit-cutting efforts at the federal level.
• What role should privately owned for-
profit facilities play in the delivery of health
care? This is supposed to be strictly con-
trolled under federal legislation, but length-
ening waiting lists within the public system
are causing concern. The key question: Is
the existing system sustainable?
The CMA has responded with a multi-
pronged effort to publicize problems and
potential solutions.
For example, the Association’s 137th annu-
al meeting was held in Toronto Aug. 16-18,
and it kicked off with a one-hour “strategic
session” on health care waiting times,
chaired by Dr. David Naylor, dean of med-
icine at the University of Toronto. The next
day Dr. Dana Hanson, the CMA’s past pres-
ident, released results of a year-long study
of personnel problems facing Canada’s
health care professions. However, although
a maximum of only 260 physician dele-
gates attend the CMA’s General Council,
the real audience is much larger because
many reporters attend the meeting.
Dr. Patel says it was easy to choose this
year’s accessibility-to-care theme. “The
federal election proved that it is Canadians’
major concern,” he said, “and we already
knew that it is the issue that worries doctors
most.”
The CMA, which launched a major cam-
paign promoting the need for better access
to care in February, commits significant
resources to public opinion polling, and
those results play a major role in its advoca-
cy efforts.
Waiting lists are a case in point.
The CMA is trying to convince Canadian
governments at all levels that the country
has a shortage of health care personnel. To
support its arguments, it polled 1500 adults
in February 2004 and learned:
• Barely one in ten Canadians (14 percent)
now believes that the country has an ade-
quate supply of physicians, a significant
decline since 1999 (35 percent).
• Concern about access to advanced diag-
nostic procedures has risen significantly.
Regional & NMA News
saving of € 39.7 (US$47.6) million in the
first six months. While prescribing physi-
cians can refuse to authorise “substitution”,
during this period only 0.4% were not
allowed by the prescriber. The savings are
continuing, with combined savings of
approximately € 48.6 (US$58.3) million
between October 2003 and March 2004.**
* Euro Observer 2004, 6 (2).
** see also Kela website, www.kela.fi/research, consulted
on 02.08.04
The politics of health care – tackling health care
problems Canadian style
Otmar Kloiber
In 1994 a chip-based electronic patient card
replaced a paper-based voucher granting
access to medical care under statutory
health insurance for 70 million people. High
expectations in the new tool came to a quick
end when the state data protection officers
pointed out that the chip must not to be used
for any other purpose than identification. As
the law only permitted storage of ID data,
any other use would require legislation.
This decision today looks like an act of
wise prescience as the main effect of the
patient card has been an excessive “doctor-
hopping“, accompanied by a variety of
fraudulent uses. The old card turned out to
be completely unsafe: it can easily be
copied, has no crypto-functions for confi-
dential or private information and practical-
ly it cannot be revoked. Fraudulent use pro-
duces an estimated damage of more than 1
billion Euro a year.
There is no doubt that telematics in medicine
(“e-health”) will help to provide better med-
icine and to provide medicine in better way.
However, estimates of how much money
could be saved by using telematics (they
range between 300 and 500 thousand Euro
per year for the introduction of the electron-
ic prescriptions alone) are rather speculative.
Nevertheless, the government introduced an
intelligent mandatory “Health Card“ in leg-
islation last year as part of over 400 pages of
amendments to the Social Code which were
adopted. The intelligent cards as described in
the law will obligatorily carry electronic pre-
scriptions, as they should give “room” for a
medication history, emergency information
and an electronic patient record.
Currently there is no card with all these
anticipated functions on the market and in
use. On the other hand, nobody seems to
doubt that they are technically possible.
During the parliamentary procedure the
proposal was passed without opposition.
From the medical community two things
were criticised: first, the time frame set by
law for the introduction of the Health Card
was unrealistic; second, there was no men-
tion of financing the Health Card imple-
mentation in the Law.
The countrywide introduction of the Health
Card for virtually all people living in
Germany by January 1, 2006 appeared to
most experts and leaders of the health care
system completely unrealistic. As with all
things in the statutory health care system the
realization of the project has to be done by
the self-governing institutions of the sick
funds and the providers. Usually they regu-
late their interaction by contracts, without
influence from the government. For the intro-
duction of the Health Card into the Social
Security system, the government introduced
an amendment into the law. This enabled the
government to withdraw the implementation
from the self-governing bodies, if it decided
that they are unable to carry out this task.
While the self-governing bodies claimed that
the time frame was unrealistic, the govern-
ment claimed that the self-governing bodies
are simply unable to do the job.
Obviously to augment the tension, the gov-
ernment did not introduce any indication as
to how to finance the introduction of the
Health Card. This is a tricky situation as the
investment, that may amount to 1.6 billion
Euro, would substantially fall on the
providers who had to purchase card readers,
new software, DSL or ISDN – lines, equip-
ment, and the health professional card.
However, the return on investment would
almost exclusively go to the sick funds.
82
Regional & NMA News
When asked if they had to wait “longer than
you thought was reasonable” for these pro-
cedures in the past year, 31 percent
answered affirmatively, compared with
only 14 percent in 1999.
The CMA, which represents 58 000 practis-
ing physicians, residents and medical stu-
dents, responded with a National Health
Access Campaign. “We are making a sim-
ple argument,” Dr. Patel told reporters dur-
ing the campaign launch. “Accessibility is
the currency of the health care system, and
if people lose faith in that currency – in
their ability to get care when they need it –
Canada’s medicare system won’t survive.
We want to ensure its survival.”
The same message was delivered via a
CMA “Election Tool Kit” prepared for the
2004 federal election. It outlined the major
challenges facing health care and provided
questions physicians could ask their local
candidates.
Finally, a major report on the personnel
issues facing medicine was released during
the 2004 annual meeting. It called for
Canada to rely less on doctors imported
from other countries – international med-
ical graduates account for about 24 percent
of Canada’s doctors, and the country has
faced charges of poaching, particularly
from South Africa. The report proposed that
enrolment at Canada’s 16 medical schools
be increased to 2,500 spaces per year (cur-
rently 2,200).
Although problems dogging the health care
system account for much of the CMA’s
advocacy efforts, it also takes concerted
action on specific medical issues. For
instance, when SARS struck Canada in
2003, the CMA compiled a list of physi-
cians who were willing to help out their
hard-pressed colleagues in Toronto – the
epicentre of the epidemic in North
America.
And it remains an impassioned critic of
smoking. In March the CMA sent letters to
all major cities that host conventions
announcing that it will no longer hold annu-
al meetings in cities that allow smoking in
indoor public places such as restaurants.
More than 100 Canadian cities have already
announced such bans.
Patrick Sullivan
Senior Manager, Member
Communications, CMA
Personal View
Card Games – lessons on high stake gambling
from the German Health Care System
With this constellation of an unrealistic
time frame and a potential financial dispute,
the Ministry increased the chances of fail-
ure. This appears to be deliberate as the
Ministry had always suggested giving the
whole project to the IT-service industry.
The idea of the Ministry is that IT-service
companies would provide the whole system
for health telematics at their own cost, and
make a charge for each transaction that will
be made with the system. Of course the IT-
industry looks for more. With the introduc-
tion of the Health Card and the telematic
infrastructure, they are looking towards tak-
ing over the whole financial management
of the health care system. The game is not
about the small change for telematics, it is
about the ownership of the process.
This of course would lead to a totally new
health care system. Currently the law does
not permit the government to interfere with
the financing of the health care system.
Financing has to be regulated between sick
funds and providers only. Taking the health
card introduction away from the self-gov-
erning bodies on the grounds of incompe-
tence as proposed would allow the govern-
ment indirectly to contract the transaction
steering to the IT-industry, thus gaining
influence over the cash flow in the health
care system, which by law has to be strictly
separated from the government. The seri-
ousness of the Ministry's intention may be
indicated by the fact that several employees
of different IT companies are working in
the ministry full time – paid by the industry.
Deus ex machina
Sometimes relief comes from a side one does
not expect. Earlier the Ministry of Transport
contracted a toll collection system out to the
IT-Industry. The system would collect road
fees from those lorries using the German
Autobahn. Instead of choosing an established
technique, the German Government contract-
ed a highly sophisticated model that would
allow the contractors not only to collect the
toll for the government but also to offer
hauler services, such as fleet management
and cargo dispatch. But unlike the technolog-
ically simpler models already in use in other
countries, the German “Toll Collect” system
was not more than an idea.
The introduction of the toll collect system
became a complete disaster. Its failure led
to major deficits in toll collection and also
to the realisation that the IT-industry does
not always deliver what they promise, and
that the commercialisation of state func-
tions may not always be the best way to go.
Every politician now has to be aware that
such a liaison with the industry may be his
political end if it fails – and the possibility
of failure is a real, one.
The simple sociological principle that two
counterparts will unify if they are disturbed by
a third one worked for the self-government in
the health care system. In a very short time
since the beginning of this year, a common
institution was set up and the financing of the
whole system is about to be agreed. That is
more than could have been expected in such a
short time. However, a previous apparently
academic dispute about the way an electronic
prescription should travel resurfaced: As gov-
ernment and providers assume that the health
card would be a good place to carry the e-pre-
scription, the sick funds wish to have a serv-
er-based push and pull system. The nearly
religious way sick funds make this a dogma
can only be explained by their wish to provide
these prescription servers and have direct con-
trol over the doctors' prescriptions as means
of a concurrent review. But again the cards are
not open and the game continues.
Address for correspondence:
otmar.kloiber@baek.de.
The views expressed in this article are those of
the author and not those of the WMJ or the WMA.
83
Review
Ruth Macklin
Cambridge University Press, 2004
£50.00 (hb), £22.99 (pb), pp. viii, 280
ISBN 0 521 83388 4 (hb), 0 521 54170 0 (pb)
Ruth Macklin, Professor of Bioethics at
Albert Einstein College of Medicine in New
York, has been for many years both an
active participant-observer in, and a widely-
published analyst of, the debates over stan-
dards for research on human beings in
developing countries. In this book she
reviews the principal ethical issues that have
been addressed in these debates, analyses
the responses that have been provided by
organizations such as the WMA, and offers
her own proposals for resolving the issues.
As the title of the book indicates, the
author’s principal concern is whether it is
ethically acceptable to have standards in
research ethics for developing countries
that differ significantly from those in indus-
trialized countries. She poses four ques-
tions to illustrate this concern:
1. How can biomedical research be
designed and conducted so as to con-
tribute to the health needs of developing
countries and at the same time contain
adequate protections for the rights and
welfare of the human subjects recruited
for these studies?
2. If a particular study may not be conduct-
ed in the sponsoring country for ethical
reasons, is it acceptable to carry out an
identical study in a developing country,
and, if so, with what justification?
3. When completed research yields suc-
cessful products or other beneficial inter-
ventions, what obligations, if any, do the
sponsors have to the community or coun-
try where the research was conducted?
4. Should the provisions of international
ethical guidelines for research, such as
the Declaration of Helsinki, be inter-
preted and applied in the same way in
resource-poor countries as they are in
wealthier countries? (p. 14).
In responding to these questions, Macklin
analyses and evaluates the different answers
provided in such recent documents as the
Review
Double Standards in Medical Research in
Developing Countries
2000 Declaration of Helsinki (with its 2002
Note of Clarification), the 2000 UNAIDS
document, Ethical Considerations in HIV
Preventive Vaccine Research, the 2001
National Bioethics Advisory Commission
(USA) report, Ethical and Policy Issues in
International Research, the 2002 Nuffield
Council on Bioethics (U.K.) report, The
Ethics of Research Related to Healthcare in
Developing Countries, the 2002 Council for
International Organizations of Medical
Sciences (CIOMS) International Ethical
Guidelines for Biomedical Research
Involving Human Subjects, and related policy
documents from the USA National Institutes
of Health, and the Food and Drug Ad-
ministration, and the U.K. Medical Research
Council, as well as comments on earlier ver-
sions of some of these documents and articles
in medical and bioethical journals.
The two articles in the 2000 version of the
Declaration of Helsinki that have generated
the most controversy, paras 29 and 30, are
given particular scrutiny by Macklin. The
requirement of para. 29, that an experimental
treatment be tested against the best current
one, where such exists, has been modified or
rejected in most, if not all, of the more recent
documents listed above. Macklin criticizes
these documents for deferring to pragmatic
considerations, such as the extra cost of com-
paring an experimental drug to an existing
one instead of a placebo, rather than focusing
on ethical principles such as justice and how
they can be achieved. She also has harsh
words for the WMA’s Note of Clarification to
para. 29: “A major problem is that the clarifi-
cation fails to clarify. …it provides no criteria
for the ‘compelling reasons’ that could justi-
fy departure from the principle… [and there-
fore] it would allow participants in research
to be subject to predictable serious or irre-
versible harm” (p. 48). Like many critics of
the Note of Clarification, Macklin does not
pay sufficient attention to its last sentence,
“All other provisions of the Declaration of
Helsinki must be adhered to…”
Para. 30 of the Declaration of Helsinki has
likewise proved extremely challenging in the
development of subsequent documents. Its
requirement that participants in research stud-
ies should be among the beneficiaries of the
study if the study succeeds has been widely
contested, both on principle and on pragmatic
grounds. Macklin cites the National Institutes
of Health and the Food and Drug
Administration of the USA as the strongest
critics of para. 30, and a related but somewhat
broader CIOMS Guideline that “any product
developed will be made reasonably available
to that population or community.”
Macklin accuses those who reject the prin-
ciples embodied in paras. 29 and 30 of the
Declaration of Helsinki of legitimizing an
unacceptable double standard in research,
since there are stricter rules for placebo-
controlled trials and much easier access to
new drugs in wealthy countries than in poor
ones. Against those who claim that medical
research should not be used as a tool to
fight world poverty, Macklin suggests that
the ethical principle of justice and various
international human rights statements
require efforts on the part of the powerful
and wealthy, whether governments or cor-
porations, to lessen international disparities
wherever they exist, including the treatment
of human research subjects. However, she
acknowledges that there are irreconcilable
differences regarding the extent of this
obligation and how it can best be fulfilled.
The appropriateness of double standards
arises in discussions of other issues in
research ethics besides those dealt with in
paras. 29 and 30 of the Declaration of
Helsinki. Macklin rejects the suggestion that
promising the best current treatment and/or
access to the benefits of a research study
would constitute undue inducement to
potential research subjects in developing
countries and thereby compromise their abil-
ity to give informed consent to participation
in the study. As to whether the standard
requirements for informed consent in devel-
oped countries can be relaxed elsewhere, for
example, by allowing a potential research
subject’s husband or a community leader to
consent on behalf of others, Macklin favours
universal application of the basic principles
of research ethics, such as the requirement of
individual consent, but flexibility in the
processes by which the principles are
applied, e.g., written vs. oral consent.
Besides addressing the substance of the var-
ious research ethics documents, Macklin
raises issues concerning their nature. Should
they be pragmatic or aspirational, descriptive
or prescriptive? In her view they should be
both pragmatic and aspirational but prescrip-
tive rather than descriptive: “Since ethics is
about what ought to be, rather than simply
what is, the answer … is easy. The difficulty,
however, is to craft guidelines that are use-
fully prescriptive without being hopelessly
aspirational” (p. 30). As to whether it is pos-
sible to harmonize the various international
statements, she is pessimistic because of the
radically different interests of the parties
concerned, including protection of research
subjects, addressing international inequali-
ties, promotion of research and maximizing
commercial profits. Moreover, none of the
organizations that have produced these doc-
uments has unquestioned authority in the
area of research ethics.
Although she does not hesitate to state her
own views on the various issues she treats,
Macklin consistently provides thorough
and accurate summaries of all the positions
on the issues, including those she criticises.
In addition, she analyses with care the prin-
cipal concepts in the debate on double stan-
dards, including ‘double standard’ itself,
‘standard of care’, ‘equity’/‘equality’, and
‘exploitation’, and criticizes their use as jar-
gon or slogans. She does not hesitate to
suggest practical solutions for overcoming
double standards in research, such as:
1. differential pricing and financing of
essential drugs;
2. negotiations followed by prior agree-
ments before research is initiated;
3. collaborative efforts among internation-
al agencies and the creation of public-
private partnerships; and
4. manufacture of generic copies of patent-
ed drugs in developing countries and
sale of such drugs to other poor coun-
tries (p. 165).
Through the adoption of such measures,
Macklin concludes, “Maintaining the same
ethical standards for research will not thwart
the research enterprise, but can help to
ensure that judgments made at some future
time will not condemn the current era as one
that accepted and even endorsed double
standards of research ethics” (p. 260).
John R. Williams
84
Review