What is a hunger strike?
A hunger strike is the voluntary act to a fast that lasts for more than 72 hours by a mentally competent individual, generally as a form of pressure, or non-violent protest against different issues, such as inhuman conditions, or to obtain certain political goals or rights.[1, 2, 3]
Why are hunger strikes a human rights issue?
Hunger strikes are a human rights issue the moment force-feeding is being used by the detention centre authorities. Under international law, the 2006 report by the United Nations Commission on Human Rights, force-feeding practices violates the right to health.[4]
Such practice is labelled by the World Medical Association as being “a form of inhuman and degrading treatment”, and therefore always unethical.[1] This is mainly because even in the cases in which force-feeding is meant to benefit the hunger strikers interests, this practice is generally accompanied by use of force, threats or other forms of coercion.[1, 5] Other international organizations are also opposed to force-feeding during hunger strikes, such as the World Health Organization and the International Committee of the Red Cross.[6, 7]
What are the main sources?
- WMA Declaration of Tokyo: Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment (1975, 2005, 2006)
- WMA Declaration of Malta on Hunger Strikes (1991, 1992, 2006)
- WHO, Health in prison: a WHO guide to the essentials of prison health (2007)
What should be done during a hunger strike?
- The first thing to be assessed is the hunger striker’s mental capacity and whether he or she is acting by his or her own will without external pressure.
- The use of force is forbidden. Detention centre authorities, as well as doctors, must refrain from practices such as force-feeding.
- All involved should respond to hunger strikers’ needs. It is essential to attempt to resolve the situation.
- International standards and guidelines can be found that should be followed during a hunger strike, the most important one being the Declaration of Malta on Hunger Strikes.
This page was written by Soraya Redondo and last updated in July 2014.
Notes
[1] WMA Declaration of Malta on Hunger Strikers. World Medical Assembly, Nov. 1991 (last amended Oct. 2006)
[2] WMA Declaration of Tokyo: Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment, Oct. 1975 (last amended May 2006)
[3] Jeremy A. Lazarus, Physicians’ Ethical Obligations to Hunger Strikers. British Medical Journal, June 13, 2013
[4] Economic and Social Council of the United Nations, Situation of Detainees at Guantanamo Bay, 2006
[5] Physicians for Human Rights, Hunger Strikes and the Practice of Force-feeding, Oct. 2013
[6] WHO, Health in prisons: a WHO guide to the essentials of prison health, 2007
[7] The International Committee of the Red Cross, Hunger strikes in prisons: the ICRC’s position, Dec. 2013