Robert J. Levine’s article Informed Consent: Some
Challenges to the Universal Validity of the Western Model (1991) Beauchamp
& Walters (2008) p.132-137. In this
article the author states that “Informed consent holds a central place in the
ethical justification of research involving human subjects” (p. 132) In order
for it to be informed consent four points need to be made it must be
“voluntary”, the patient must be “legally competent’, “informed” and able to
“comprehend” what is being advised. The
purpose of research on humans must be used to improve the lives of others,
either through improving the ability to diagnose a problem, the use of
therapeutic and prophylactic procedures and finally understanding of the
disease or the pathogens of disease. Special considerations must be obtained
when the research involves the environment and animals.
The
Declaration of Helsinki (1964) http://www.cirp.org/library/ethics/helsinki/
Lists
the Basic Principles as:
1.
Biomedical research involving human subjects must
conform to general accepted scientific principles and should be based on
adequate preformed laboratory and animal experimentations and on a thorough
knowledge of scientific literature.
2.
The design and performance of each experiment procedure
involving human subjects should be clearly formulated in an experimental
protocol which should be transmitted to a specially appointed independent
committee for consideration.
3.
Biomedical research involves human subjects should be
conducted only by scientifically qualified persons. The responsibility for the human subject must
rest with a medically qualified person and never rest on the subject of the
research, even though the subject has given his or her consent.
4.
Biomedical research involving human subjects cannot
legitimately be carried out unless the importance of the objective is in the
proportion to the inherent risk to the subject.
5.
Every biomedical research project involves human
subjects should be preceded by careful assessment of predictable risks in comparison
with foreseeable benefits to the subject or to others. Concern for the interest
of the subject must always prevail over the interest of science and society.
6.
The right of the research subject to safeguard his or
her integrity must always be respected.
Every precaution should be taken to respect the privacy of the subjects
and to minimize the impact of the study on the subject’s physical and mental
integrity and the personality of the subject.
7.
Physicians should abstain from engaging in research
projects involving human subjects unless they are satisfied that the hazards
involved are believed to be predictable.
Physicians should cease any investigation if the hazards are found to
outweigh the benefits of the study.
8.
In publication of the results of his or her research,
the physician is obligated to preserve the accuracy of the results. Report of experimentation not in accordance
with the principles laid down in the Declaration should not be accepted for
publication.
9.
In any research on human beings, each potential subject
must be adequately informed of the aims, methods, anticipated benefits and
potentional hazards of the study and the discomfort it may entail. He or she should be informed that he or she
is at liberty to abstain from participation in the study and that he or she is
free to with draw visor her consent to participate at any time. The physician should then obtain the
subject’s freely given informed consent, preferably inheriting.
10. When
obtaining informed consent for the research project the physician should be
cautious if the subject is in dependent relationship to him or her or may
consent under duress. In that case the
informed consent should be obtained by a physician who isn’t engaged in the
investigation and who is completely independent of this official relationship.
11. In
cases of legal incompetence, informed consent should be obtained from the legal
guardian in accordance with national legislation. Where physical or mental incapacity makes it
impossible to obtain informed consent, or when the subject is a minor, permission
from the responsible relative replaces that of the subject in accordance with
the national legislation. Whenever the
minor child is in fact able to give consent the minor’s consent must be obtained
in addition to the consent of the minor’s legal guardian.
12. The
research protocol should always contain a statement of the ethical
consideration involved and should indicate that the principles enunciated in
the declaration are complied with.
This
document has been cited in the article many times and I felt that it was
important to clarify exactly what are the Declaration of Helsinki’s Principles.
It is felt by the Universalists that
this Declaration of Helsinki is a widely excitable universal standard for
biomedical research and it is used in many countries. These are the principles that are used to
conduct research universally.
The Pluralists feel that the
Declaration of Helsinki shows a Western view and that it does not guide the
investigators to show the respect to others in the world.
The author came to four ideas to
provide informed consent to all people in all nations:
- All plans to conduct research involving humans subjects should be reviewed and approved by a research ethics committee.
- Proposals to employ consent procedures that do not conform to the international standard should be justified by the researcher and submitted for review and approved by a national ethics review body.
- There should be established an international ethics review body to provide advice, consultation and guidance to national ethics review bodies when such is requested.
- In the case of externally sponsored research: Ethics review should be conducted in the initial country.
This
article was a bit confusing to exactly what they were trying to point out. After I made the reference the Declaration of
Helsinki it made more sense to me once I knew what they were talking about. He needed to make more of a reference to that
than he did to Immanuel Kant, who seems to be one of his favorites. I apologize for the length of this posting
but it needed to be clarified.
No comments:
Post a Comment