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V<br />

WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 221<br />

of the individual’s his<strong>to</strong>ry, a mental status examination,<br />

an assessment of social functioning and the formulation<br />

of clinical impressions. A psychiatric diagnosis should be<br />

made, if appropriate. Because psychological symp<strong>to</strong>ms<br />

are so prevalent among survivors of <strong>to</strong>rture, it is highly<br />

advisable for any evaluation of <strong>to</strong>rture <strong>to</strong> include a<br />

psychological assessment.” 587<br />

“If an evaluation of the credibility of an individual’s<br />

report of <strong>to</strong>rture is requested within the framework of a<br />

judicial procedure by a State authority, the person <strong>to</strong> be<br />

evaluated must be <strong>to</strong>ld that this implies lifting medical<br />

confidentiality for all the information presented in the<br />

report. However, if the request for the psychological<br />

evaluation comes from the <strong>to</strong>rtured person, the expert<br />

must respect medical confidentiality.” 588<br />

Self-care and the role of legal and health-care<br />

professionals<br />

Working with those who have suffered gender-based violence<br />

can be stressful and lead <strong>to</strong> psychological harm for those<br />

hearing testimonies and examining victims. It is therefore<br />

important for health professionals <strong>to</strong> have appropriate<br />

supervision by another professional. 589 The same principle of<br />

self-care applies <strong>to</strong> advocates, including women human rights<br />

defenders, and encapsulates care <strong>to</strong> avoid psychological and<br />

physical burnout. 590<br />

While the general norm is for all medical practitioners <strong>to</strong><br />

maintain strict confidentiality, the rule is not absolute and may<br />

allow for exceptions, particularly where breaching<br />

587<br />

Ibid, paragraph 261.<br />

588<br />

Ibid, paragraph 264.<br />

589<br />

Ibid, page 51-52.<br />

590<br />

Women Human Rights Defenders International Coalition, “Our Right<br />

<strong>to</strong> Safety: Women Human Rights Defenders’ Holistic Approach <strong>to</strong><br />

Protection” (Association for Women’s Rights in Development, 2014),<br />

pages 13-15.

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