Nuremberg 2™

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Articles sourced from:

The Nuremberg Code 1947
UN Universal Declaration of Human Rights 1948
UNESCO Declaration on Bioethics and Human Rights 2005
&
Principles for Those in Research and Experimentation 1954
(WMA Committee on Medical Ethics)

TOPICAL CATEGORY

Voluntary Consent vs Force or Coercion

THE NUREMBERG CODE (1947)

“The voluntary consent of the human subject is absolutely essential.”

The Nuremberg Code (1947) Article 1

“The person involved [participant in the experiment] should… be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion.”

The Nuremberg Code (1947) Article 1

“The person involved [participant in the experiment]… should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision.”

The Nuremberg Code (1947) Article 1

“Before the acceptance of an affirmative decision by the experimental subject there should be made known to him… all inconveniences and hazards reasonably to be expected; and the effects upon his health or person which may possibly come from his participation in the experiment.”

The Nuremberg Code (1947) Article 1

“The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs, or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity.”

The Nuremberg Code (1947) Article 1

“The human subject should be at liberty to bring the experiment to an end… where continuation of the experiment seems to him to be impossible.”

The Nuremberg Code (1947) Article 9

UN UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)

“Everyone has the right to life, liberty and the security of person.”

UN Universal Declaration of Human Rights (1948) Article 3

“Everyone has the right to freedom of thought [and] conscience… and freedom, either alone or in community with others and in public or private, to manifest his… belief in teaching, practice… and observance.”

UN Universal Declaration of Human Rights (1948) Article 18

“Everyone has the right to equal access to public service in his country.”

UN Universal Declaration of Human Rights (1948) Article 21 (2)

“Everyone has the right freely to participate in the cultural life of the community.”

UN Universal Declaration of Human Rights (1948) Article 27 (1)

UNESCO DECLARATION ON BIOETHICS & HUMAN RIGHTS (2005)

“Ethical issues raised by the rapid advances in science and their technological applications should be examined with due respect to the dignity of the human person and universal respect for, and observance of, human rights and fundamental freedoms.”

UNESCO Declaration on Bioethics & Human Rights (2005) Preamble

“[This declaration aims] to recognize… the need for… research and developments to occur within the framework of ethical principles… and to respect human dignity, human rights and fundamental freedoms.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 2 (d)

“The interests and welfare of the individual should have priority over the sole interest of science or society.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 3 (2)

“The autonomy of persons to make decisions… is to be respected.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 5

“Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 6 (1)

“Any preventive, diagnostic and therapeutic medical intervention… may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 6 (1)

“Scientific research should only be carried out with the prior, free, express and informed consent of the person concerned.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 6 (2)

“Scientific research… should include modalities for withdrawal of consent. Consent may be withdrawn by the person concerned at any time and for any reason without any disadvantage or prejudice. Exceptions to this principle should be made only in accordance with ethical and legal standards… and international human rights law.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 6 (2)

“In no case should a collective community agreement or the consent of a community leader or other authority substitute for an individual’s informed consent.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 6 (3)

“Special protection is to be given to persons who do not have the capacity to consent: authorization for research and medical practice should be obtained in accordance with the best interest of the person concerned… the person concerned should be involved to the greatest extent possible in the decision-making process of consent, as well as that of withdrawing consent.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 7 (a)

“Special protection is to be given to persons who do not have the capacity to consent: research should only be carried out for his or her direct health benefit… exposing the person only to a minimal risk and minimal burden… compatible with the protection of the individual’s human rights. Refusal of such persons to take part in research should be respected.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 7 (b)

“Human vulnerability should be taken into account… and the personal integrity of such individuals respected.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 8

“Benefits should not constitute improper inducements to participate in research.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 15 (2)

“Every endeavour should be made… in addressing and periodically reviewing bioethical issues.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 18 (1)

“Society as a whole should be engaged in dialogue on a regular basis.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 18 (2)

“Informed pluralistic public debate, seeking the expression of all relevant opinions, should be promoted.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 18 (3)

“Independent, multidisciplinary and pluralist ethics committees should be established… in order to: assess the relevant ethical, legal, scientific and social issues related to research projects involving human beings.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 19 (a)

“Assessment and adequate management of risk related to medicine, life sciences and associated technologies should be promoted.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 20

“States, public and private institutions… should endeavour to ensure that any activity within the scope of this Declaration… is consistent with the principles set out in this Declaration.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 21 (1)

“When research is undertaken or otherwise pursued… such research should be the object of an appropriate level of ethical review… based on ethical and legal standards that are consistent with the principles set out in this Declaration.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 21 (2)

“States should take all appropriate measures, whether of a legislative, administrative or other character, to give effect to the principles set out in this Declaration in accordance with international human rights law… supported by action in the spheres of education, training and public information.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 22 (1)

“States should encourage the establishment of independent, multidisciplinary and pluralist ethics committees.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 22 (2)

“To achieve a better understanding of the ethical implications of scientific and technological developments, in particular for young people, States should endeavour to foster bioethics education and training at all levels.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 23 (1)

“States should encourage the participation of… regional and national non governmental organizations in this endeavour.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 23 (2)

“States should foster… and encourage the free flow and sharing of scientific and technological knowledge.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 24 (1)

“States should respect and promote solidarity between and among… individuals, families, groups and communities.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 24 (3)

“Nothing in this Declaration may be interpreted as implying for any State, group or person any claim to engage in any activity or to perform any act contrary to human rights, fundamental freedoms and human dignity.”

UNESCO Declaration on Bioethics & Human Rights (2005) Article 28

PRINCIPLES FOR THOSE IN RESEARCH & EXPERIMENTATION (1954)

“There must be strict adherence to the general rules of respect of the individual.”

Principles for Those in Research & Experimentation (1954) Article 1

“The World Medical Association draws attention to the detrimental effects of premature or unjustified statements.”

Principles for Those in Research & Experimentation (1954) Article 2

“Every step must be taken in order to make sure that those who submit themselves to experimentation be fully informed.”

Principles for Those in Research & Experimentation (1954) Article 3

“The paramount factor in experimentation on human beings is the responsibility of the research worker and not the willingness of the person submitting to the experiment.”

Principles for Those in Research & Experimentation (1954) Article 3

“In the presence of individual and desperate cases one may attempt… a treatment of a rather daring nature. Such exceptions will be rare and require the approval either of the person or his next of kin… it is the doctor’s conscience which will make the decision.”

Principles for Those in Research & Experimentation (1954) Article 4

“It should be required that each person who submits to experimentation be informed of the… risk of the proposed experiment.”

Principles for Those in Research & Experimentation (1954) Article 5

“It should be required that each person who submits to experimentation be informed [and] consent should be obtained in writing.”

Principles for Those in Research & Experimentation (1954) Article 5

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