• World Health Organisation Guidelines for the Promotion of Human Rights of Persons with Mental Disorders.126 The above Principles expressly forbid intrusive and irreversible treatments without informed consent, including psychosurgery and experimental treatment.127 According to the Special Rapporteur on Torture, these practices may constitute ill-treatment or, in certain circumstances, torture.128 Medical and scientific experimentation International instruments also refer to the link between medical experimentation and the prohibition on torture and other ill-treatment. The following provisions relate to medical experimentation: • The prohibition on torture and other ill-treatment in Article 7 of the ICCPR states that “no one shall be subjected without his free consent to medical or scientific experimentation .” International law has evolved so that any consent must also be fully informed. • Principle 22 of the Principles for Persons under Detention states that “[n]o detained or imprisoned person shall, even with his consent, be subjected to any medical or scientific experimentation which may be detrimental to his health.” • Article 8(2)(b)(x) of the Rome Statute defines ‘war crimes’ as including “[s]ubjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons”. In order to 126 Division of mental health and prevention of substance abuse, WHO, Geneva, WHO/MNH/MND/95.4. Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care 1991, Principle 11. 128 Interim report of the Special Rapporteur on Torture, ‘Torture and other cruel, inhuman or degrading treatment or punishment, 3 July 2003, A/58/2003 at [47]. 127 90

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