Editing Hunger strike (section)

==Legal situation==
Article 8 of the 1975 [[World Medical Association]] [[Declaration of Tokyo]] states that doctors are not allowed to force-feed hunger strikers. They are supposed to understand the prisoner's independent wishes, and it is recommended to have a second opinion as to the capability of the prisoner to understand the implication of their decision and be capable of informed consent.

:Where a prisoner refuses nourishment and is considered by the physician as capable of forming an unimpaired and rational judgement concerning the consequences of such a voluntary refusal of nourishment, they shall not be fed artificially. The decision as to the capacity of the prisoner to form such a judgement should be confirmed by at least one other independent physician. The consequences of the refusal of nourishment shall be explained by the physician to the prisoner.<ref>{{cite web |url=https://www.wma.net/policies-post/wma-declaration-of-tokyo-guidelines-for-physicians-concerning-torture-and-other-cruel-inhuman-or-degrading-treatment-or-punishment-in-relation-to-detention-and-imprisonment/ | title=WMA – the World Medical Association – WMA DECLARATION OF TOKYO – GUIDELINES FOR PHYSICIANS CONCERNING TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN RELATION TO DETENTION AND IMPRISONMENT | access-date=January 28, 2020 | archive-date=January 17, 2020 | archive-url=https://web.archive.org/web/20200117195626/https://www.wma.net/policies-post/wma-declaration-of-tokyo-guidelines-for-physicians-concerning-torture-and-other-cruel-inhuman-or-degrading-treatment-or-punishment-in-relation-to-detention-and-imprisonment/ | url-status=live }}</ref>

The World Medical Association (WMA) revised and updated its Declaration of Malta on Hunger Strikers in 2017.<ref>{{cite web |url=https://www.wma.net/policies-post/wma-declaration-of-malta-on-hunger-strikers/ | title=WMA – the World Medical Association-WMA Declaration of Malta on Hunger Strikers | access-date=August 29, 2017 | archive-date=August 29, 2017 | archive-url=https://web.archive.org/web/20170829162730/https://www.wma.net/policies-post/wma-declaration-of-malta-on-hunger-strikers/ | url-status=live }}</ref> Among many changes, it unambiguously states that force feeding is a form of inhumane and degrading treatment in its Article 21.

The [[American Medical Association]] (AMA) is a member of the WMA, but the AMA's members are not bound by the WMA's decisions, as neither organization has formal legal powers. The AMA has formally endorsed the WMA Declaration of Tokyo and has written several letters to the US government and made public statements in opposition to US physician involvement in force feeding of hunger strikers in contravention of medical ethics.<ref>{{cite web|url=http://thinkprogress.org/security/2013/04/30/1940121/ama-force-feeding-gitmo|title=American Medical Association Opposes Force-Feeding Prisoners On Hunger Strike At Gitmo|website=[[ThinkProgress]]|access-date=October 2, 2014|archive-date=October 6, 2014|archive-url=https://web.archive.org/web/20141006072527/http://thinkprogress.org/security/2013/04/30/1940121/ama-force-feeding-gitmo/|url-status=live}}</ref> The United States [[Code of Federal Regulations]] rule on hunger strikes by prisoners states, "It is the responsibility of the Bureau of Prisons to monitor the health and welfare of individual inmates, and to ensure that procedures are pursued to preserve life." It further provides that when "a medical necessity for immediate treatment of a life or health threatening situation exists, the physician may order that treatment be administered without the consent of the inmate."<ref>{{cite web|url=http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=6d4a56492db450206fc427b40751ae2a&rgn=div6&view=text&node=28:2.0.3.3.21.5&idno=28 |title=Title 28: Judicial Administration |publisher=Electronic Code of Federal Regulations |access-date=September 1, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110612141625/http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=6d4a56492db450206fc427b40751ae2a&rgn=div6&view=text&node=28%3A2.0.3.3.21.5&idno=28 |archive-date=June 12, 2011 }}</ref>