What No One Tells You About Torture

  

Prisoner being punished with cruel interrogation technique of waterboarding

Physical or mental torture against any person is never appropriate.  Torture is ineffective, unethical, and harmful. 

The United Nations (UN) Human Rights Office of the High Commissioner defines torture as “any act by which severe pain or suffering, whether physical or  mental,  is intentionally inflicted on  a person, for such purposes as obtaining from him or a third person information, or a confession, punishing him for an act he or a third person, has committed, or suspected of having committed, or intimidating or coercing him or third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by, or at the instigation of, or with the consent, or acquiescence of, a public official, or other person, acting in an official capacity.  It does not include pain or suffering arising only from, inherent and incidental to lawful sanctions.”

Why Does Torture Matter to Nurses? 

Nurses, as leaders, have the power to effectuate a positive movement in social justice and advocate for the health, welfare, and life of all persons, including persons subject to torture.  Nursing has a professional ethical obligation to care for all people.  The Code of Ethics for Nurses with Interpretive Statements holds, “The nurse practices with compassion and respect for the inherent dignity, worth, and unique attributes of every person.”  It is not within the role of the nurse to judge an individual’s actions or to allow the actions of others to negatively influence the delivery of care.  Nursing care must be universal and delivered with compassion, comfort, skill, and competence that is unwavering for every person regardless of their actions accused or convicted.

Torture is inhuman, degrading, and contrary to the professional ethical obligations of nurses.  Nurses must act to minimize patient suffering and provide healing care.  The Code obligates nurses to always stress human rights protection and advocate for vulnerable populations, including refugees, prisoners, or those who are subjected to torture.  Torture is not limited to just the United States, but is widespread internationally.

In 2012, the International Council of Nurses (ICN) adopted a position supporting the UN Declaration of Human Rights and strongly affirming that “nurses should play no voluntary role in any deliberate infliction of physical and mental suffering”…  “To do otherwise is a clear violation of nursing’s ethical code of practice.”  ICN further obligates nurses all over the world to “provide the highest level of possible care to victims of torture and other forms of cruel, degrading, and inhumane treatment, and should speak up against and oppose any deliberate infliction of pain and suffering.”

In support of the ICN position, the American Nurses Association position statement on Capital Punishment and Nurses’ Participation in Capital Punishment states that, “The ethical standards of the nursing profession require that all members of the profession refuse to use their professional skills and capabilities to kill, torture, or degrade another human being.  In order to retain professional dignity and ethical stature, the nursing profession as a whole must agree not to do it.”

Nurses should not participate in torture and any allegations of torture should be investigated transparently to assure that human rights are being protected and valued.  The long-lasting physical, mental, and psychological effects of torture on an individual diminish the health and well-being of patients, families, communities, and the population as a whole.  When nurses are asked to participate in torture or inhuman procedures or treatment, we must adamantly refuse.  Nurses must stand up for patients and advocate for the health safety, welfare, and human rights or all patients, families, and communities.

Nursing has a contract with society to compassionately care for all patients, to protect the rights of all persons and positively influence the health of patients.  Torture is contrary to this societal contract and is never justified.  We encourage you to sign the Health Professionals’ Pledge Against Torture as a sign of solidarity against degrading, inhuman, inappropriate, and unethical actions against humans.  The pledge against torture from the Physicians For Human Rights also serves as declaration of support for health professionals who resist orders to torture or inflict harm.  We stand with our health professional colleagues in support of this pledge and we encourage you not only to sign the pledge, but to continuously keep human rights at the forefront of your practice and provide universal, unwavering, compassionate care to all persons.

 

 

AHCA Redux: Surge Pricing for Pre-existing Conditions

  

1117-mike-pence-selfie-twitter-8With the 100-day mark bearing down on the Trump Administration, House Republicans are seeking to revive its previously stymied health reform bill, the American Health Care Act, in hopes of giving the President a win.

In March, House Republicans pulled the AHCA bill ahead of a full House vote because it lacked the requisite support.  The House Freedom Caucus, a group of more than 40 of the most conservative members of the House Republican conference, refused to support a previous iteration of the AHCA for not going far enough in repealing provisions established by the Affordable Care Act.

In order to appeal to Freedom Caucus members and other powerful conservative interest groups, like the Club for Growth, Republican leaders added provisions to the AHCA that would allow states to opt out of the Essential Health Benefits and Community Rating Provisions. These provisions will gut critical consumer protections for pre-existing conditions, potentially leading to higher costs based on age, gender, and medical history. ANA previously opposed the House Republican plan in part because of its changes to Medicaid, which this bill converts into a per capita funding model that further imperils access to health care. The most recent changes to the AHCA are an even further departure from ANA’s principles.

ANA’s Government Affairs and Health Policy teams have been working to assess the impacts of this new version of the legislation on the health care system, and have been reaching out to key allies on Capitol Hill to voice our concerns. At this point, the House Freedom Caucus has decided to support this bill, which eliminates one of the biggest hurdles the bill faced. Advancement of this legislation now largely rests in the hands of more moderate, centrist House Republicans. To make your voice heard by reaching out to those members, visit the TrumpCare Toolkit here.

To stay informed on the latest from Capitol Hill, follow ANA’s Capitol Beat blog, sign up for action alerts, and check out our health care reform site.

The latest on health reform and the end of recess

  

With the two-week Congressional recess coming to an end, we wanted to give you a quick recap of district work period activity and a preview of things to come next week when Congress is back in session.

Members of Congress have been in their home districts for the last two weeks since their failed attempts to repeal the ACA and replace it with their own legislation, and they definitely got an earful from constituents. From moderate House Republican members like Rep. Mike Coffman to conservative House Freedom Caucus members like Rep. Raul Labrador, House Republicans faced angry constituents across the country on issues ranging from healthcare to taxes.

That said, the White House signaled over the recess their continued optimism in cobbling together support in Congress for a health reform deal, and House Freedom Caucus Chairman Mark Meadows confirmed that these discussions had progressed. But though the White House was initially eager to try to build support for a bill and bring it up for a vote before the President’s 100 days in office mark next week, Congressional leaders on both sides of the aisle poured cold water on that idea. ANA’s Government Affairs team has been in touch with key Congressional offices, and have learned that the legislative language could include state waivers that would allow states to opt out of the community rating and essential health benefits provisions. The community rating provisions, established under the ACA law, stops insurance companies from raising premiums based on an individuals’ health and would undermine protections for those with pre-existing conditions.

Since the final legislative language has not been made public, it’s unclear whether this compromise will move votes, and there are no updated whip counts on how individual House Republican members plan on voting for such a bill. House Republicans will hold a conference call tomorrow (Saturday, April 22nd) to discuss the way forward on a health reform bill.

On an even more pressing front, Congressional leaders have to pass a government spending bill by April 28th in order to avoid a government shutdown. There’s been discussion of passing a one-week funding stopgap, which would maintain current levels of funding for an additional week while Congress continues to negotiate a long-term deal. That said, the White House is insisting that a funding bill include moneys for a border wall, which Democrats have made clear is a non-starter, further imperiling talks. Next week will be a busy one on Capitol Hill, so be sure to stay informed with updates here at ANA’s Capitol Beat.