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Déclaration de Madrid (anglais)
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Déclaration de Madrid
  
In 1977, the World Psychiatric Association approved the Declaration
of Hawaii, setting out ethical guidelines for the practice of psychiatry.
The Declaration was updated in Vienna in 1983. To reflect the impact of
changing social attitudes and new medical developments on the psychiatric
profession, the Word Psychiatric Association has once again examined and
revised some of these ethical standards.
Medicine is both a healing art and a science. The dynamics of this
combination are best reflected in psychiatry, the branch of medicine that
specializes in the care and protection of those who are ill and infirm
because of a mental disorder or impairment. Although there may be cultural,
social, and national differences, the need for ethical conduct and continual
review of ethical standards is universal.
As practitioners of medicine, psychiatrists must be aware of the
ethical implications of being a physician and of the specific ethical demands
of the specialty of psychiatry. As members of society, psychiatrists must
advocate for fair and equal treatment of the mentally ill, for social justice
and equity for all.
Ethical behavior is based on the psychiatrist's individual sense
of responsibility towards the patient and their judgement in determining
what is correct and appropriate conduct. External standards and influences
such as professional codes of conduct, the study of ethics, or the rule
of law by themselves will not guarantee the ethical practice of medicine.
Psychiatrists should at all times, keep in mind the boundaries of
the psychiatrist-patient relationship, and be guided primarily by the respect
for patients and concern for their welfare and integrity.
It is in this spirit that the World Psychiatric Association approved
by the General Assembly, on August 25, 1996, the following ethical standards
that should govern the conduct of psychiatrists worldwide.
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Psychiatry is a medical discipline concerned with the provision of the
best treatment for mental disorders ; with the rehabilitation of individuals
suffering from mental illness and with the promotion of mental health.
Psychiatrists serve patients by providing the best therapy available consistent
with accepted scientific knowledge and ethical principles. Psychiatrists
should devise therapeutic interventions that are least restrictive to the
freedom of the patient and seek advice in areas of their work about which
they do not have primary expertise. While doing so, psychiatrists should
be aware of and concerned with the equitable allocation of health resources.
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It is the duty of psychiatrists to keep abreast scientific developments
of the specialty and to convey updated knowledge to others. Psychiatrists
trained in research should seek to advance the scientific frontiers of
psychiatry.
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The patient should be accepted as a partner by right in therapeutic
process. The therapist-patient relationship must be based on mutual trust
and respect to allow the patient to make free and informed decisions. It
is the duty of psychiatrists to provide the patient with relevant information
so as to empower the patient to come to a rational decision according to
his or her personal values and preferences.
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When the patient is incapacitated and/or unable to exercise proper judgement
because of a mental disorder, the psychiatrists should consult with the
family and, if appropriate, seek legal counsel, to safeguard the human
dignity and the legal right of the patient. No treatment should be provided
against the patient's will, unless withholding treatment would endanger
the life of the patient and/or those who surround him or her. Treatment
must always be in the best interest of the patient.
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When psychiatrists are requested to assess a person, it is their duty
first to inform and advice the person being assessed about the purpose
of the intervention, the use of the findings, and the possible repercussions
of the assessment. This isparticularly important when the psychiatrists
are involved in third party situations.
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Information obtained in the therapeutic relationship should be kept
in confidence and used, only and exclusively, for the purpose of improving
the mental health of the patient. Psychiatrists are prohibited from making
use of such information for personal reasons, or financial or academic
benefits. Breach of confidentially may only be appropriate when serious
physical or mental harm to the patient or to the third person could ensue
if confidentiality were maintained ; in these circumstances, psychiatrists
should whenever possible, first advice the patient about the action to
be taken.
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Research that is not conducted in accordance with the canons of science
is unethical. Research activities should be approved by an appropriately
constituted ethical committee. Psychiatrists should follow national and
international rules for the conduct of research. Only individuals properly
trained for research should undertake or direct it. Because psychiatric
patients are particularly vulnerable research subjects, extra caution should
be taken to safeguard their autonomy as well as their mental and physical
integrity. Ethical standards should also be applied in the selection of
population groups, in all types of research including epidemiological and
sociological studies and in collaborative research involving other disciplines
or several investigating centers.
GUIDELINES
Concerning Specific Situations
The World Psychiatric Association Ethics Committee recognizes the
need to develop a number of specific guidelines on a number of specific
situations. Five such specific guidelines are stated below. In the future,
the committee will address other critical issues such as the ethics of
psychotherapy, new therapeutic alliances, relationship with the pharmaceutical
industry, sex change and the ethics of managed care.
- EUTHANASIA : A physician's duty, first and foremost, is the promotion
of health, the reduction of suffering, and the protection of life. The
psychiatrist, among whose patientare some who are severely incapacitated
and incompetent to reach an informed decision, should be particularly careful
of actions that could lead to the death of those who cannot protect themselves
because of their disability. The psychiatrist should be aware that the
views of a patient may be distorted by mental illness such as depression.
In such situations, the psychiatrist's role is to treat the illness.
- TORTURE : Psychiatrists shall not take part in any process of mental or physical torture, even when authorities attempt to force their involvement in such acts.
- DEATH PENALTY : Under no circumstances should psychiatrists participate
in legally authorized executions nor participate in assessments of competency
to be executed.
- SELECTION OF SEX : Under no circumstances should a psychiatrist
participate in decisions to terminate pregnancy for the purpose of sex
selection.
- ORGAN TRANSPLANTATION : The role of the psychiatrist is to clarify
the issues surrounding organ donations and to advise on religious, cultural,
social and family factors to ensure that informed and proper decisions
be made by all concerned. The psychiatrists should not act as a proxy decision
maker for patients nor use psychotherapeutic skills to influence the decision
of a patient in these matters. Psychiatrists should seek to protect their
patients and help them exercise self-determination to the fullest extent
possible in situation of organ transplantation.
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