Counter-terrorism laws are used against doctors, report says

Governments are using counter-terrorism laws to punish doctors and other healthcare professionals who treat alleged terrorists or enemies, says a report. It highlights practices to safeguard the provision of healthcare and lists recommendations for states and UN political agencies.

The report was prepared by the University of Essex Human Rights Centre, the Center for Public Health and Human Rights at the Johns Hopkins Bloomberg School of Public Health, and the Safeguarding Health in Conflict Coalition at the request of Dainius Puras, United Nations special rapporteur on the right to health. It includes a supplement describing the situation in 16 countries.12

Puras said, “It is alarming to see that more and more health providers around the world face threats for doing their jobs. Instead of protecting them, domestic laws are often used to punish them. We must amend counter-terrorism laws and policies that are contributing to this disturbing trend, and ensure everyone from ambulance drivers to doctors can work without fear of prosecution or sanction.”

A UN Security Council resolution condemns attacks on patients, medical professionals, and humanitarian workers, and calls on nations to develop domestic laws that respect international laws.

The report reviews laws and actions against healthcare providers in 16 countries—Afghanistan, Australia, Bahrain, Columbia, Egypt, Ethiopia, India, Iraq, Myanmar, Nigeria, Pakistan, Peru, Syria, Turkey, the United Kingdom, and the United States. Problems were found in all, and the report outlines specific cases of harm to healthcare providers and actions against them.

Counter-terrorism laws are often vague, ambiguous, and far too broad, the report says. Protesters against their government may be said to be disturbing public order, for example. Laws against supporting terrorism may be inappropriately applied. “Support” for terrorism can be interpreted as providing medical skills, expertise, advice, or medical supplies; making medical care available at demonstrations; treating protesters injured in demonstrations against the government; admitting wounded people to hospital without police or government permission; continuing to care for patients while under terrorist rule; or reporting human rights violations to international organisations.

In some countries, domestic criminal laws are twisted for use against healthcare workers, such as laws against illegal assembly or spreading false news. Also, many countries have used administrative sanctions, suspensions, threats, harassment, detentions, and killings against health professionals. “For example, in Afghanistan, police raided a hospital, assaulted and handcuffed staff, and killed their patients. In Ethiopia, authorities order doctors not to treat injured protesters,” the report says.

The report sees “promising best practices for safeguarding the provision of healthcare” in recent legislation in Afghanistan, Colombia, and Nigeria.