酷刑如何成为卫生法的一部分

IF 0.5 4区 社会学 Q3 LAW
American Journal of Law & Medicine Pub Date : 2024-12-01 Epub Date: 2025-03-24 DOI:10.1017/amj.2025.10
Sondra S Crosby
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引用次数: 0

摘要

在过去的二十五年里,卫生法、伦理与人权中心(CLER)一直是酷刑治疗、宣传和教育领域的领导者。1998 年,波士顿难民健康与人权中心(BCRHHR)成立,为遭受政府酷刑、有理由担心回国后会遭受进一步迫害的寻求庇护者提供整体治疗。伸张正义是治愈幸存者创伤的重要一环,BCRHHR 的临床医生与移民律师密切合作,记录酷刑的临床证据,为庇护申请提供支持。2001 年 "9-11 "事件后,美国政府对俘虏实施酷刑并犯下其他战争罪行的事实被披露出来。CLER 的学者们研究了医生和律师如何与中央情报局(CIA)合作,使酷刑合理化和合法化,并为犯罪者提供法律豁免权。我和我在 CLER 的同事在反对构成酷刑以及残忍、不人道和有辱人格待遇的做法方面发挥了国家领导作用。这些做法包括对绝食者强行灌食、引渡、拘留和审讯(RDI)计划(在所谓的 "反恐战争 "中对嫌疑人实施失踪、法外拘留和酷刑的秘密行动)、利用律师和医生为这些行为辩护,以及美国授权实施酷刑的政策。我们会见了国防部(DOD)的军事官员,并与国际专家举行会议,集思广益,寻求解决方案。我们评估了美国酷刑计划对被拘留者造成的破坏性影响,并在军事委员会对一名被指控犯有恐怖主义罪的被拘留者的预审听证会上作证。CLER 的医生和律师们重点关注了解当代酷刑以及纽伦堡医生审判的相关性,该审判谴责纳粹医生对囚犯实施酷刑。CLER 继续宣传国际人权法的重要性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
How Torture Became Part of Health Law.

Over the past twenty-five years, the Center for Health Law, Ethics, and Human Rights (CLER) has been a leader in torture treatment, advocacy, and education. In 1998, the Boston Center for Refugee Health and Human Rights (BCRHHR) was founded to provide holistic treatment to asylum seekers who have been tortured by their governments and justifiably feared further persecution if they returned to their countries. Seeking justice is an important part of healing for survivors, and BCRHHR clinicians work closely with immigration attorneys to document clinical evidence of torture to support asylum applications. Following the September 11 attacks in 2001, it was revealed that the U.S. government tortured captives and committed other war crimes. CLER scholars examined how doctors and lawyers worked with the Central Intelligence Agency (CIA) to rationalize and sanitize torture, providing legal immunity for perpetrators. My colleagues and I at CLER assumed a national leadership role in opposing practices that constitute torture, as well as cruel, inhumane, and degrading treatment. These practices included the force-feeding of hunger strikers, the Rendition, Detention, and Interrogation (RDI) program (a covert operation involving disappearances, extrajudicial detentions, and torture of suspects in the so-called "War on Terror"), the use of lawyers and physicians to justify these actions, and U.S. policies that authorized torture. We met with military officials of the Department of Defense (DOD) and hosted a meeting with international experts to brainstorm solutions. We evaluated the devastating effects of the U.S. torture program on detainees and testified in the military commission's pretrial hearings for a detainee accused of terrorism.Doctors and lawyers at the CLER have focused on understanding contemporary torture and the relevance of the Nuremberg Doctors' Trial which condemned Nazi doctors for torturing prisoners. The CLER continues to promote the importance of International Human Rights Law.

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来源期刊
CiteScore
0.80
自引率
16.70%
发文量
8
期刊介绍: desde Enero 2004 Último Numero: Octubre 2008 AJLM will solicit blind comments from expert peer reviewers, including faculty members of our editorial board, as well as from other preeminent health law and public policy academics and professionals from across the country and around the world.
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