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II. RELEVANT ETHICAL CODES ISTANBUL PROTOCOL

freely and diligently in accordance with the law that is intended to mislead or adversely affect the
and recognized standards and ethics of the legal interest of justice, or wilfully breach the law.” 257
profession.” Given their professional obligation
to uphold fundamental freedoms, such as freedom (c) Duty of confidentiality
from torture and ill-treatment, lawyers should have
adequate knowledge of and apply the Istanbul 144. A lawyer shall always maintain confidentiality
Protocol and its Principles to ensure effective “regarding the affairs of present or former clients,
investigation and documentation practices. unless otherwise allowed or required by law and/
or applicable rules of professional conduct”. 258 In
(b) Duty to treat their clients’ interests as paramount addition, principle 22 of the Basic Principles on the
Role of Lawyers states that “all communications
143. According to principle 13 of the Basic Principles on and consultations between lawyers and their clients
the Role of Lawyers, the duties of lawyers include: “(a) within their professional relationship are confidential”.
Advising clients as to their legal rights and obligations, Nevertheless, lawyers “cannot invoke confidentiality/
and as to the working of the legal system in so far professional secrecy in circumstances where the
as it is relevant to the legal rights and obligations of lawyer acts as an accomplice to a crime”. 259
the clients; (b) Assisting clients in every appropriate
way, and taking legal action to protect their interests;
(c) Assisting clients before courts, tribunals or B. Ethical obligations of health
administrative authorities, where appropriate.” In professionals
addition, principle 15 states: “Lawyers shall always
loyally respect the interests of their clients.” In 2011, 145. There are clear links between concepts of human
the International Bar Association developed the rights and the well-established principles of health-care
International Principles on Conduct for the Legal ethics. The ethical obligations of health professionals
Profession as a means of placing the interests of are articulated in United Nations documents in the
their clients above their own and striving to respect same way as they are for the legal profession. They are
the rule of law. These Principles include, among also embodied in statements issued by international
others: maintaining professional independence; organizations representing health professionals, such
honesty, integrity and fairness in interactions with as the World Medical Association (WMA), the World
clients, the court and colleagues; maintaining client Psychiatric Association (WPA) and the International
confidentiality; and treating a client’s interests as Council of Nurses (ICN). 260 National medical
paramount. 254 Lawyers have a primary duty to their associations and nursing organizations also issue
clients and should give their clients “unbiased advice codes of ethics, which their members are expected
and representation … including as to the likelihood of to follow. The central tenet of all health professional
success of the client’s case” and treat their “interests ethics, however articulated, is always the fundamental
as paramount”. 255 The explanatory note to principle 1 duty to respect human dignity and act in the best
recalls that: “The fact that lawyers are paid by a interests of the patient, regardless of other constraints,
third party must not affect their independence and pressures or contractual obligations. In some countries,
professional judgement in rendering their services to specific medical ethical principles, such as that of
the client.” However, lawyers’ duties towards their doctor-patient confidentiality, are incorporated
clients are “subject always to there being no conflict into national law. In some situations, national law
with the lawyer’s duties to the court and the interests may also be in conflict with the ethical obligations
of justice, to observe the law, and to maintain ethical of health professionals. All health professionals
standards”. 256 Principle 5 establishes that: “Lawyers are morally bound by the ethical standards set by
must not engage in, or assist their client with, conduct their professional bodies and may be judged guilty

254 International Principles on Conduct for the Legal Profession, principles 1, 2, 4 and 5.
255 Ibid., principles 1 and 5; and Basic Principles on the Role of Lawyers, principles 13 and 15.
256 International Principles on Conduct for the Legal Profession, principle 5.
257 Ibid., p. 25, explanatory note to principle 5.
258 Ibid., principle 4.
259 International Principles on Conduct for the Legal Profession, p. 22, explanatory note to principle 4.
260 There are also a number of regional groupings, such as the Commonwealth Medical Association and the Federation of Islamic Medical Associations that issue important
statements on medical ethics and human rights for their members.

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