| Appendix
V: The Belmont Report |
 |
Office
of the Secretary
Ethical Principles and Guidelines for the Protection of Human
Subjects of Research
The National Commission for the Protection of Human Subjects
of Biomedical and Behavioral Research
April
18, 1979
AGENCY:
Department of Health, Education, and Welfare.
ACTION:
Notice of Report for Public Comment.
SUMMARY:
On July 12, 1974, the National Research Act (Pub. L. 93-348)
was signed into law, there-by creating the National Commission
for the Protection of Human Subjects of Biomedical and Behavioral
Research. One of the charges to the Commission was to identify
the basic ethical principles that should underlie the conduct
of biomedical and behavioral research involving human subjects
and to develop guidelines which should be followed to assure
that such research is conducted in accordance with those principles.
In carrying out the above, the Commission was directed to consider:
(i) the boundaries between biomedical and behavioral research
and the accepted and routine practice of medicine, (ii) the
role of assessment of risk-benefit criteria in the determination
of the appropriateness of research involving human subjects,
(iii) appropriate guidelines for the selection of human subjects
for participation in such research and (iv) the nature and definition
of informed consent in various research settings.
The Belmont
Report attempts to summarize the basic ethical principles identified
by the Commission in the course of its deliberations. It is
the outgrowth of an intensive four-day period of discussions
that were held in February 1976 at the Smithsonian Institution's
Belmont Conference Center supplemented by the monthly deliberations
of the Commission that were held over a period of nearly four
years. It is a statement of basic ethical principles and guidelines
that should assist in resolving the ethical problems that surround
the conduct of research with human subjects. By publishing the
Report in the Federal Register, and providing reprints upon
request, the Secretary intends that it may be made readily available
to scientists, members of Institutional Review Boards, and Federal
employees. The two-volume Appendix, containing the lengthy reports
of experts and specialists who assisted the Commission in fulfilling
this part of its charge, is available as DHEW Publication No.
(OS) 78-0013 and No. (OS) 78-0014, for sale by the Superintendent
of Documents, U.S. Government Printing Office, Washington, D.C.
20402.
Unlike most
other reports of the Commission, the Belmont Report does not
make specific recommendations for administrative action by the
Secretary of Health, Education, and Welfare. Rather, the Commission
recommended that the Belmont Report be adopted in its entirety,
as a statement of the Department's policy. The Department requests
public comment on this recommendation.
National
Commission for the Protection of Human Subjects of Biomedical
and Behavioral Research
Members
of the Commission
Kenneth
John Ryan, M.D., Chairman, Chief of Staff, Boston Hospital for
Women.
Joseph V. Brady, Ph.D., Professor of Behavioral Biology, Johns
Hopkins University.
Robert E. Cooke, M.D., President, Medical College of Pennsylvania.
Dorothy I. Height, President, National Council of Negro Women,
Inc.
Albert R. Jonsen, Ph.D., Associate Professor of Bioethics, University
of California at San Francisco.
Patricia King, J.D., Associate Professor of Law, Georgetown
University Law Center.
Karen Lebacqz, Ph.D., Associate Professor of Christian Ethics,
Pacific School of Religion.
***David W. Louisell, J.D., Professor of Law, University of
California at Berkeley.
Donald W. Seldin, M.D., Professor and Chairman, Department of
Internal Medicine, University of Texas at Dallas.
***Eliot Stellar, Ph.D., Provost of the University and Professor
of Physiological Psychology, University of Pennsylvania.
***Robert H. Turtle, LL.B., Attorney, VomBaur, Coburn, Simmons
& Turtle, Washington, D.C.
***Deceased.
Ethical
Principles & Guidelines for Research Involving Human Subjects
Scientific
research has produced substantial social benefits. It has also
posed some troubling ethical questions. Public attention was
drawn to these questions by reported abuses of human subjects
in biomedical experiments, especially during the Second World
War. During the Nuremberg War Crime Trials, the Nuremberg code
was drafted as a set of standards for judging physicians and
scientists who had conducted biomedical experiments on concentration
camp prisoners. This code became the prototype of many later
codes(1) intended to assure that research involving human subjects
would be carried out in an ethical manner.
The codes
consist of rules, some general, others specific, that guide
the investigators or the reviewers of research in their work.
Such rules often are inadequate to cover complex situations;
at times they come into conflict, and they are frequently difficult
to interpret or apply. Broader ethical principles will provide
a basis on which specific rules may be formulated, criticized
and interpreted.
Three principles,
or general prescriptive judgments, that are relevant to research
involving human subjects are identified in this statement. Other
principles may also be relevant. These three are comprehensive,
however, and are stated at a level of generalization that should
assist scientists, subjects, reviewers and interested citizens
to understand the ethical issues inherent in research involving
human subjects. These principles cannot always be applied so
as to resolve beyond dispute particular ethical problems. The
objective is to provide an analytical framework that will guide
the resolution of ethical problems arising from research involving
human subjects.
This statement
consists of a distinction between research and practice, a discussion
of the three basic ethical principles, and remarks about the
application of these principles.
A.
Boundaries Between Practice and Research
It
is important to distinguish between biomedical and behavioral
research, on the one hand, and the practice of accepted therapy
on the other, in order to know what activities ought to undergo
review for the protection of human subjects of research. The
distinction between research and practice is blurred partly
because both often occur together (as in research designed to
evaluate a therapy) and partly because notable departures from
standard practice are often called 'experimental' when the terms
'experimental' and 'research' are not carefully defined.
For the
most part, the term 'practice' refers to interventions that
are designed solely to enhance the well-being of an individual
patient or client and that have a reasonable expectation of
success. The purpose of medical or behavioral practice is to
provide diagnosis, preventive treatment or therapy to particular
individuals.(2) By contrast, the term 'research' designates
an activity designed to test an hypothesis, permit conclusions
to be drawn, and thereby to develop or contribute to generalizable
knowledge (expressed, for example, in theories, principles,
and statements of relationships). Research is usually described
in a formal protocol that sets forth an objective and a set
of procedures designed to reach that objective.
When a clinician
departs in a significant way from standard or accepted practice,
the innovation does not, in and of itself, constitute research.
The fact that a procedure is 'experimental', in the sense of
new, untested or different, does not automatically place it
in the category of research. Radically new procedures of this
description should, however, be made the object of formal research
at an early stage in order to determine whether they are safe
and effective. Thus, it is the responsibility of medical practice
committees, for example, to insist that a major innovation be
incorporated into a formal research project.(3)
Research
and practice may be carried on together when research is designed
to evaluate the safety and efficacy of a therapy. This need
not cause any confusion regarding whether or not the activity
requires review; the general rule is that if there is any element
of research in an activity, that activity should undergo review
for the protection of human subjects.
B.
Basic Ethical Principles
The
expression 'basic ethical principles' refers to those general
judgments that serve as a basic justification for the many particular
ethical prescriptions and evaluations of human actions. Three
basic principles, among those generally accepted in our cultural
tradition, are particularly relevant to the ethics of research
involving human subjects: the principles of respect of persons,
beneficence and justice.
- Respect
for Persons. Respect for persons incorporates at least
two ethical convictions: first, that individuals should be
treated as autonomous agents, and second, that persons with
diminished autonomy are entitled to protection. The principle
of respect for persons thus divides into two separate moral
requirements: the requirement to acknowledge autonomy and
the requirement to protect those with diminished autonomy.
An autonomous
person is an individual capable of deliberation about personal
goals and of acting under the direction of such deliberation.
To respect autonomy is to give weight to autonomous persons'
considered opinions and choices while refraining from obstructing
their actions unless they are clearly detrimental to others.
To show lack of respect for an auto- nomous agent is to
repudiate that person's considered judgments, to deny an
individual the freedom to act on those considered judgments,
or to withhold information necessary to make a considered
judgment, when there are no compelling reasons to do so.
However,
not every human being is capable of self-determination.
The capacity for self-determination matures during an individual's
life, and some individuals lose this capacity wholly or
in part because of illness, mental disability, or circumstances
that severely restrict liberty. Respect for the immature
and the incapacitated may require protecting them as they
mature or while they are incapacitated. Some persons are
in need of extensive protection, even to the point of excluding
them from activities which may harm them; other persons
require little protection beyond making sure they undertake
activities freely and with awareness of possible adverse
consequence. The extent of protection afforded should depend
upon the risk of harm and the likelihood of benefit. The
judgment that any individual lacks autonomy should be periodically
reevaluated and will vary in different situations.
In most
cases of research involving human subjects, respect for
persons demands that subjects enter into the research voluntarily
and with adequate information. In some situations, however,
application of the principle is not obvious. The involvement
of prisoners as subjects of research provides an instructive
example. On the one hand, it would seem that the principle
of respect for persons requires that prisoners not be deprived
of the opportunity to volunteer for research. On the other
hand, under prison conditions they may be subtly coerced
or unduly influenced to engage in research activities for
which they would not otherwise volunteer. Respect for persons
would then dictate that prisoners be protected. Whether
to allow prisoners to 'volunteer' or to 'protect' them presents
a dilemma. Respecting persons, in most hard cases, is often
a matter of balancing competing claims urged by the principle
of respect itself.
- Beneficence.
Persons are treated in an ethical manner not only by respecting
their decisions and protecting them from harm, but also by
making efforts to secure their well-being. Such treatment
falls under the principle of beneficence. The term ÔbeneficenceÕ
is often understood to cover acts of kindness or charity that
go beyond strict obligation. In this document, beneficence
is understood in a stronger sense, as an obligation. Two general
rules have been formulated as complementary expressions of
beneficent actions in this sense: (1) do not harm and (2)
maximize possible benefits and minimize possible harms.
The
Hippocratic maxim 'do no harm' has long been a fundamental
principle of medical ethics. Claude Bernard extended it
to the realm of research, saying that one should not injure
one person regardless of the benefits that might come to
others. However, even avoiding harm requires learning what
is harmful; and, in the process of obtaining this information,
persons may be exposed to risk of harm. Further, the Hippocratic
Oath requires physicians to benefit their patients 'according
to their best judgment'. Learning what will in fact benefit
may require exposing persons to risk. The problem posed
by these imperatives is to decide when it is justifiable
to seek certain benefits despite the risks involved, and
when the benefits should be foregone because of the risks.
The
obligations of beneficence affect both individual investigators
and society at large, because they extend both to particular
research projects and to the entire enterprise of research.
In the case of particular projects, investigators and members
of their institutions are obliged to give fore thought to
the maximization of benefits and the reduction of risk that
might occur from the research investigation. In the case
of scientific research in general, members of the larger
society are obliged to recognize the longer term benefits
and risks that may result from the improvement of knowledge
and from the development of novel medical, psychotherapeutic,
and social procedures.
The
principle of beneficence often occupies a well-defined justifying
role in many areas of research involving human subjects.
An example is found in research involving children. Effective
ways of treating childhood diseases and fostering healthy
development are benefits that serve to justify research
involving children - even when individual research subjects
are not direct beneficiaries. Research also makes it possible
to avoid the harm that may result from the application of
previously accepted routine practices that on closer investigation
turn out to be dangerous. But the role of the principle
of beneficence is not always so unambiguous. A difficult
ethical problem remains, for example, about research that
presents more than minimal risk without immediate prospect
of direct benefit to the children involved. Some have argued
that such research is inadmissible, while others have pointed
out that this limit would rule out much research promising
great benefit to children in the future. Here again, as
with all hard cases, the different claims covered by the
principle of beneficence may come into conflict and force
difficult choices.
- Justice.
Who ought to receive the benefits of research and bear its
burdens? This is a question of justice, in the sense of 'fairness
in distribution' or 'what is deserved'. An injustice occurs
when some benefit to which a person is entitled is denied
without good reason or when some burden is imposed unduly.
Another way of conceiving the principle of justice is that
equals ought to be treated equally. However, this statement
requires explication. Who is equal and who is unequal? What
considerations justify departure from equal distribution?
Almost all commentators allow that distinctions based on experience,
age, deprivation, competence, merit and position do sometimes
constitute criteria justifying differential treatment for
certain purposes. It is necessary, then, to explain in what
respects people should be treated equally. There are several
widely accepted formulations of just ways to distribute burdens
and benefits. Each formulation mentions some relevant property
on the basis of which burdens and benefits should be distributed.
These formulations are (1) to each person an equal share,
(2) to each person according to individual need, (3) to each
person according to individual effort, (4) to each person
according to societal contribution, and (5) to each person
according to merit.
Questions
of justice have long been associated with social practices
such as punishment, taxation and political representation.
Until recently these questions have not generally been associated
with scientific research. However, they are foreshadowed
even in the earliest reflections on the ethics of research
involving human subjects. For example, during the 19th and
early 20th centuries the burdens of serving as research
subjects fell largely upon poor ward patients, while the
benefits of improved medical care flowed primarily to private
patients. Subsequently, the exploitation of unwilling prisoners
as research subjects in Nazi concentration camps was condemned
as a particularly flagrant injustice. In this country, in
the 1940s, the Tuskegee syphilis study used disadvantaged
rural black men to study the untreated course of a disease
that is by no means confined to that population. These subjects
were deprived of demonstrably effective treatment in order
not to interrupt the project, long after such treatment
became generally available.
Against
this historical background, it can be seen how conceptions
of justice are relevant to research involving human subjects.
For example, the selection of research subjects needs to
be scrutinized in order to determine whether some classes
(e.g. welfare patients, particular racial and ethnic minorities,
or persons confined to institutions) are being systematically
selected simply because of their easy availability, their
compromised position, or their manipulability, rather than
for reasons directly related to the problem being studied.
Finally, whenever research supported by public funds leads
to the development of therapeutic devices and procedures,
justice demands both that these not provide advantages only
to those who can afford them and that such research should
not unduly involve persons from groups unlikely to be among
the beneficiaries of subsequent applications of the research.
C.
Applications
Applications
of the general principles to the conduct of research leads to
consideration of the following requirements: informed consent,
risk/benefit assessment, and the selection of subjects of research.
- Informed
Consent.
Respect for persons requires that subjects, to the degree
that they are capable, be given the opportunity to choose
what shall or shall not happen to them. This opportunity is
provided when adequate standards for informed consent are
satisfied.
While
the importance of informed consent is unquestioned, controversy
prevails over the nature and possibility of an informed
consent. Nonetheless, there is widespread agreement that
the consent process can be analyzed as containing three
elements: information, comprehension and voluntariness.
Information.
Most codes of research establish specific items for disclosure
intended to assure that subjects are given sufficient information.
These items generally include: the research procedure, their
purposes, risks and anticipated benefits, alternative procedures
(where therapy is involved), and a statement offering the
subject the opportunity to ask questions and to withdraw
at any time from the research. Additional items have been
proposed, including how subjects are selected, the person
responsible for the research, etc.
However,
a simple listing of items does not answer the question of
what the standard should be for judging how much and what
sort of information should be provided. One standard frequently
invoked in medical practice, namely the information commonly
provided by practitioners in the field or in the locale,
is inadequate since research takes place precisely when
a common understanding does not exist. Another standard,
currently popular in malpractice law, requires the practitioner
to reveal the information that reasonable persons would
wish to know in order to make a decision regarding their
care. This, too, seems insufficient since the research subject,
being in essence a volunteer, may wish to know considerably
more about risks gratuitously undertaken than do patients
who deliver themselves into the hand of a clinician for
needed care. It may be that a standard of "the reasonable
volunteer" should be proposed: the extent and nature
of information should be such that persons, knowing that
the procedure is neither necessary for their care nor perhaps
fully understood, can decide whether they wish to participate
in the furthering of knowledge. Even when some direct benefit
to them is anticipated, the subjects should understand clearly
the range of risk and the voluntary nature of participation.
A special
problem of consent arises where informing subjects of some
pertinent aspect of the research is likely to impair the
validity of the research. In many cases, it is sufficient
to indicate to subjects that they are being invited to participate
in research of which some features will not be revealed
until the research is concluded. In all cases of research
involving incomplete disclosure, such research is justified
only if it is clear that (1) incomplete disclosure is truly
necessary to accomplish the goals of the research, (2) there
are no undisclosed risks to subjects that are more than
minimal, and (3) there is an adequate plan for debriefing
subjects, when appropriate, and for dissemination of research
results to them. Information about risks should never be
withheld for the purpose of eliciting the cooperation of
subjects, and truthful answers should always be given to
direct questions about the research. Care should be given
to distinguish cases in which disclosure would destroy or
invalidate the research from cases in which disclosure would
simply inconvenience the investigator.
Comprehension.
The manner and context in which information is conveyed
is as important as the information itself. For example,
presenting information in a disorganized and rapid fashion,
allowing too little time for consideration or curtailing
opportunities for questioning, all may adversely affect
a subject's ability to make an informed choice.
Because
the subject's ability to understand is a function of intelligence,
rationality, maturity and language, it is necessary to adapt
the presentation of the information to the subject's capacities.
Investigators are responsible for ascertaining that the
subject has comprehended the information. While there is
always an obligation to ascertain that the information about
risk to subjects is complete and adequately comprehended,
when the risks are more serious, that obligation increases.
On occasion, it may be suitable to give some oral or written
tests of comprehension.
Special
provision may need to be made when comprehension is severely
limited for example, by conditions of immaturity or mental
disability. Each class of subjects that one might consider
as incompetent (e.g. infants and young children, mentally
disable patients, the terminally ill and the comatose) should
be considered on its own terms. Even for these persons,
however, respect requires giving them the opportunity to
choose to the extent they are able, whether or not to participate
in research. The objections of these subjects to involvement
should be honored, unless the research entails providing
them a therapy unavailable elsewhere. Respect for persons
also requires seeking the permission of other parties in
order to protect the subjects from harm. Such persons are
thus respected both by acknowledging their own wishes and
by the use of third parties to protect them from harm.
The
third parties chosen should be those who are most likely
to understand the incompetent subject's situation and to
act in that person's best interest. The person authorized
to act on behalf of the subject should be given an opportunity
to observe the research as it proceeds in order to be able
to withdraw the subject from the research, if such action
appears in the subject's best interest.
Voluntariness.
An agreement to participate in research constitutes a valid
consent only if voluntarily given. This element of informed
consent requires conditions free of coercion and undue influence.
Coercion occurs when an overt threat of harm is intentionally
presented by one person to another in order to obtain compliance.
Undue influence, by contrast, occurs through an offer of
an excessive, unwarranted, inappropriate or improper reward
or other overture in order to obtain compliance. Also, inducements
that would ordinarily be acceptable may become undue influences
if the subject is especially vulnerable.
Unjustifiable
pressures usually occur when persons in positions of authority
or commanding influence - especially where possible sanctions
are involved - urge a course of action for a subject. A
continuum of such influencing factors exists, however, and
it is impossible to state precisely where justifiable persuasion
ends and undue influence begins. But undue influence would
include actions such as manipulating a person's choice through
the controlling influence of a close relative and threatening
to withdraw health services to which an individual would
otherwise be entitled.
- Assessment
of Risks and Benefits. The assessment of risks and benefits
requires a careful arrayal of relevant data, including, in
some cases, alternative ways of obtaining the benefits sought
in the research. Thus, the assessment presents both an opportunity
and a responsibility to gather systematic and comprehensive
information about proposed research. For the investigator,
it is a means to examine whether the proposed research is
properly designed. For a review committee, it is a method
for determining whether the risks that will be presented to
subjects are justified. For prospective subjects, the assessment
will assist the determination whether or not to participate.
The
Nature and Scope of Risks and Benefits. The
requirement that research be justified on the basis of a
favorable risk/benefit assessment bears a close relation
to the principle of beneficence, just as the moral requirement
that informed consent be obtained is derived primarily from
the principle of respect for persons. The term 'risk' refers
to a possibility that harm may occur. However, when expressions
such as 'small risk' or 'high risk' are used, they usually
refer (often ambiguously) both to the chance (probability)
of experiencing a harm and the severity (magnitude) of the
envisioned harm.
The
term 'benefit' is used in the research context to refer
to something of positive value related to health or welfare.
Unlike 'risk', 'benefit' is not a term that expresses probabilities.
Risk is properly contrasted to probability of benefits,
and benefits are properly contrasted with harms rather than
risks of harm. Accordingly, so-called risk/benefit assessments
are concerned with the probabilities and magnitudes of possible
harm and anticipated benefits. Many kinds of possible harms
and benefits need to be taken into account. There are, for
example, risks of psychological harm, physical harm, legal
harm, social harm and economic harm and the corresponding
benefits. While the most likely types of harms to research
subjects are those of psychological or physical pain or
injury, other possible kinds should not be overlooked.
Risks
and benefits of research may affect the individual subjects,
the families of the individual subjects, and society at
large (or special groups of subjects in society). Previous
codes and Federal Regulations have required that risks to
subjects be outweighed by the sum of both the anticipated
benefit to the subject, if any, and the anticipated benefit
to society in the form of knowledge to be gained from the
research. In balancing these different elements, the risks
and benefits affecting the immediate research subject will
normally carry special weight. On the other hand, interests
other than those of the subject may on some occasions be
sufficient by themselves to justify the risks involved in
the research, so long as the subjects' rights have been
protected. Beneficence thus requires that we protect against
risk of harm to subjects and also that we be concerned about
the loss of the substancial benefits that might be gained
from research.
The
Systematic Assessment of Risks and Benefits.
It is commonly said that benefits and risks must be 'balanced'and
shown to be 'in a favorable ratio'. The metaphorical character
of these terms draws attention to the difficulty of making
precise judgments. Only on rare occasions will quantitative
techniques be available for the scrutiny of research protocols.
However, the idea of systematic, nonarbitrary analysis of
risks and benefits should be emulated insofar as possible.
This ideal requires those making decisions about the justifiability
of research to be thorough in the accumulation and assessment
of information about all aspects of the research, and to
consider alternatives systematically. This procedure renders
the assessment of research more rigorous and precise, while
making communication between review board members and investigators
less subject to misinterpretation, misinformation and conflicting
judgments. Thus, there should first be a determination of
the presupposition of the research; then the nature, probability
and magnitude of risk should be distinguished with as much
clarity as possible. The method of ascertaining risks should
be explicit, especially where there is no alternative to
the use of such vague categories as small or slight risk.
It should also be determined whether an investigator's estimate
of the probability of harm or benefits are reasonable, as
judged by known facts or other available studies.
Finally,
assessment of the justifiability of research should reflect
at least the following considerations: (i) Brutal or inhumane
treatment of human subjects is never morally justified.
(ii) Risks should be reduced to those necessary to achieve
the research objective. It should be determined whether
it is in fact necessary to use human subjects at all. Risk
can perhaps never be entirely eliminated, but it can often
be reduced by careful attention to alternative procedures.
(iii) When research involves significant risk of serious
impairment, review committees should be extraordinarily
insistent on the justification of the risk (looking usually
to the likelihood of benefit to the subject or, in some
rare cases, to the manifest voluntariness of the participation).
(iv) When vulnerable populations are involved in research,
the appropriateness of involving them should itself be demonstrated.
A number of variables go into such judgments, including
the nature and degree of risk, the condition of the particular
population involved, and the nature and level of the anticipated
benefits. (v) Relevant risks and benefits must be thoroughly
arrayed in documents and procedures used in the informed
consent process.
- Selection
of Subjects. Just as the principle of respect for persons
finds expression in the requirements for consent, and the
principle of beneficence in risk/benefit assessment, the principle
of justice gives rise to moral requirements that there be
fair procedures and outcomes in the selection of research
subjects.
Justice
is relevant to the selection of subjects of research at
two levels: the social and the individual. Individual justice
in the selection of subjects would require that researchers
exhibit fairness: thus, they should not offer potentially
beneficial research only to some patients who are in their
favor or select only 'undesirable' persons for risky research.
Social justice requires that distinction be drawn between
classes of subjects that ought, and ought not, to participate
in any particular kind of research, based on the ability
of members of that class to bear burdens and on the appropriateness
of placing further burdens on already burdened persons.
Thus, it can be considered a matter of social justice that
there is an order of preference in the selection of classes
of subjects (e.g. adults before children) and that some
classes of potential subjects (e.g. the institutionalized
mentally infirm or prisoners) may be involved as research
subjects, if at all, only on certain conditions.
Injustice
may appear in the selection of subjects, even if individual
subjects are selected fairly by investigators and treated
fairly in the course of research. Thus injustice arises
from social, racial, sexual and cultural biases institutionalized
in society. Thus, even if individual researchers are treating
their research subjects fairly, and even if IRBs are taking
care to assure that subjects are selected fairly within
a particular institution, unjust social patterns may nevertheless
appear in the overall distribution of the burdens and benefits
of research. Although individual institutions or investigators
may not be able to resolve a problem that is pervasive in
their social setting, they can consider distributive justice
in selecting research subjects.
Some
populations, especially institutionalized ones, are already
burdened in many ways by their infirmities and environments.
When research is proposed that involves risks and does not
include a therapeutic component, other less burdened classes
of persons should be called upon first to accept these risks
of research, except where the research is directly related
to the specific conditions of the class involved. Also,
even though public funds for research may often flow in
the same directions as public funds for health care, it
seems unfair that populations dependent on public health
care constitute a pool of preferred research subjects if
more advantaged populations are likely to be the recipients
of the benefits.
One
special instance of injustice results from the involvement
of vulnerable subjects. Certain groups, such as racial minorities,
the economically disadvantaged, the very sick, and the institutionalized
may continually be sought as research subjects, owing to
their ready availability in settings where research is conducted.
Given their dependent status and their frequently compromised
capacity for free consent, they should be protected against
the danger of being involved in research solely for administrative
convenience, or because they are easy to manipulate as a
result of their illness or socioeconomic condition.
-
Since 1945, various codes for the proper and responsible
conduct of human experimentation in medical research have
been adopted by different organizations. The best known
of these codes are the Nuremberg Code of 1947, the Helsinki
Declaration of 1964 (revised in 1975), and the 1971 Guidelines
(codified into Federal Regulations in 1974) issued by
the U.S. Department of Health, Education, and Welfare
Codes for the conduct of social and behavioral research
have also been adopted, the best known being that of the
American Psychological Association, published in 1973.
-
Although practice usually involves interventions designed
solely to enhance the well-being of a particular individual,
interventions are sometimes applied to one individual
for the enhancement of the well-being of another (e.g.,
blood donation, skin grafts, organ transplants) or an
intervention may have the dual purpose of enhancing the
well-being of a particular individual, and, at the same
time, providing some benefit to others (e.g., vaccination,
which protects both the person who is vaccinated and society
generally). The fact that some forms of practice have
elements other than immediate benefit to the individual
receiving an intervention, however, should not confuse
the general distinction between research and practice.
Even when a procedure applied in practice may benefit
some other person, it remains an intervention designed
to enhance the well-being of a particular individual or
groups of individuals; thus, it is practice and need not
be reviewed as research.
-
Because the problems related to social experimentation
may differ substantially from those of biomedical and
behavioral research, the Commission specifically declines
to make any policy determination regarding such research
at this time. Rather, the Commission believes that the
problem ought to be addressed by one of its successor
bodies.
National
Institutes of Health
Bethesda, Maryland 20892
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