Version 1993
PDF Upload
L’ASSOClATiON MEDICALE MONDIALE, INC ASOCIACION MEDICA MUNDIAL, INC
Telephone : 50 40 75 75
Fax: 50 40 59 37
October 1993
THE WORLD MEDICAL ASSOCIATION, INC.
B. P. 63 – 01212FERNEY·VOLTAIRE Cedex, France
28, avenue des Alpes – 01210 FERNEY-VOLTAIRE, France
Cable Address:
WOMEDAS, Ferney-Voltaire
17.FF
Original: English
WORLD MEDICAL ASSOCIAnON STATEMENT
on
BODY SEARCHES OF PRISONERS
Adopted by the 45th World Medical Assembly
BUdapest, Hungaryr October 1993
The prison systems in many countries mandate body cavity searches of prisoners.
Such searches, which indude rectal and pelvic examination, may be performed when
~n”‘~~eS~tmr~mClaaireC1if
inttpervr8d~*aooh~maY~De p’enitrffi~~tin
an individual enters the prison population and thereafter whenever the indMduai is
permitted to have personal contact with someone outside the prison population, or
when there is a reason to believe a breach of security or of prison regulations has
occurred. For example, when a prisoner is taken to Court for a hearing. or to the
• hospital for treatment, or to work outside the prison, the prisoner, upon returning to
the institution, may be subjected to a body cavity search which will include all body
orifices. The purpose of the search is primarily security and/or to prevent contraband,
such as weapons or drugs, from entering the prison.
These searches are performed for security reasons and not for medical reasons.
Nevertheless, they should not be done by anyone other than a competent person
with some medical training. This non-medical act may be performed by a physician
to protect the prisoner from the harm that might result from a search by a non-
medically trained examiner. The physician should explain this to the prisoner .§Jld
should furthermore explain to the prisoner that the usual conditions of medical
confidentiality do not apply dUring this imposed procedure and that the results of the
search will be revealed to the authorities. If a physician is duly mandated by an
authority and agrees to perform a body cavity search on a prisoner,the authority
should be duly informed of the necessity for this procedure to be done in a humane
manner.
The search should be conducted by a physician other than the physician who will
proVide medical care to the prisoner.
R
E
S
C
I
N
D
E
D
2 17.FF
•
The physician1s obligation to provide medical care to the prisoner should not be
compromised by an obligation to participate in the pnscn’s security system.
The World MedicaJ Association urges aU governments and public officials with
responsibility for pUblic safety to recognize that such invasive search procedur~s are
a serious assault on a person’s privacy and dignity, and also carry some risk of
physical and psychological injury. Therefore, the World Medical Association exhorts
that, to the extent feasible without compromising public securityI
– alternate methods be used for routine screening of prisoners, and body cavity
searches be resorted to only as a last resort;
If a body cavity search must be conducted, the responsible public official ensure
that the search is conducted by personnel with sufficient medical knowledge and
skills to perfonn the search safely;
– the same responsible authority ensure that due regard for the indMdual’s privacy
and dignity be guaranteed.
Finally, the World Medical Association urges all govemmentsandresponsible public
officials to provide for such searches by a physician whenever warranted by the_
indfvidual’s physical condition. A specific request by a prisoner for a physician shall …
be respected, so far as possible.
The World Medical Association adopts this statement for the purpose of proViding
guidance for NationaJ Medical Associations as they develop ethical guidelines for
their physician members•
R
E
S
C
I
N
D
E
D