Human rights and medical care for survivors of rape

Rape is a form of sexual violence, a public health problem and a human rights violation. Rape in war is internationally recognized as a war crime and a crime against humanity, but is also characterized as a form of torture and, in certain circumstances, as genocide. All individuals, including actual and potential victims of sexual violence, are entitled to the protection of, and respect for, their human rights, such as the right to life, liberty and security of the person, the right to be free from torture and inhuman, cruel or degrading treatment, and the right to health. Governments have a legal obligation to take all appropriate measures to prevent sexual violence and to ensure that quality health services equipped to respond to sexual violence are available and accessible to all.
Health care providers should respect the human rights of people who have been raped.

Right to health: Survivors of rape and other forms of sexual abuse have a right to receive good quality health services, including reproductive health care to manage the physical and psychological consequences of the abuse, including prevention and management of pregnancy and STIs. It is critical that health services do not in any way "revictimize" rape survivors.

Right to human dignity: Persons who have been raped should receive treatment consistent with the dignity and respect they are owed as human beings. In the context of health services, this means, as a minimum, providing equitable access to quality medical care, ensuring patients' privacy and the confidentiality of their medical information, informing patients and obtaining their consent before any medical intervention, and providing a safe clinical environment. Furthermore, health services should be provided in the mother tongue of the survivor or in a language she or he understands.

Right to non-discrimination: Laws, policies, and practices related to access to services should not discriminate against a person who has been raped on any grounds, including race, sex, colour, or national or social origin. For example, providers should not deny services to women belonging to a particular ethnic group.

Right to self-determination: Providers should not force or pressure survivors to have any examination or treatment against their will. Decisions about receiving health care and treatment
(e.g. emergency contraception and pregnancy termination, if the law allows) are personal ones that can only be made by the survivors herself. In this context, it is essential that the survivor receives appropriate information to allow her to make informed choices. Survivors also have a right to decide whether, and by whom, they want to be accompanied when they receive information, are examined or obtain other services. These choices must be respected by the health care provider.

Right to information: Information should be provided to each client in an individualized way. For example, if a woman is pregnant as a result of rape, the health provider should discuss with her all the options legally available to her (e.g. abortion, keeping the child, adoption). The full range of choices must be presented regardless of the individual beliefs of the health provider,
so that the survivor is able to make an informed choice.

Right to privacy: Conditions should be created to ensure privacy for people who have been sexually abused. Other than an individual accompanying the survivor at her request, only people whose involvement is necessary in order to deliver medical care should be present during the examination and medical treatment.

Right to confidentiality: All medical and health status information related to survivors should be kept confidentialand private, including from members of their family. Health staff may disclose information about the health of the survivor only to people who need to be involved in the medical examination and treatment, or with the express consent of the survivor. In cases where a charge has been laid with the police or other authorities, the relevant information fromthe examination will need to be conveyed .

Health care providers, in collaboration with workers in other sectors, may play a role in the broader community, by identifying and advocating for interventions to prevent rape and other forms of sexual violence, and to promote and protect the rights of survivors. Lack of recognition of rape as a health issue, and non-enforcement of legislation against rape, prevent any real progress towards gender equality.

(WHO , Clinical Management of Rape Survivors )