1. voluntary informed consent to
participate is absolutely essential (1,
9);
2. "avoid all unnecessary physical and
mental suffering and injury" (4, 5, 7,
8, 10);
3. "risk to be taken should never
exceed" the expected benefits of the
study (6, 2, 3)
Declaration of Helsinki (1964 - 2000)
The World Medical Association codified
the principles they value in the Helsinki
Declaration of 1964. The 1964
original document lists 5 basic
principles (section I), 2 principles for
clinical research (section II) and 4
principles for non-clinical biomedical
research (section III). These 11
principles (or standards) updates the
ones listed in the Nuremberg Code. The
Declaration was further revised four
times in 1975, 1983, 1989 and 1996. The
fifth
revision in 2000 was the most
controversial due to disagreements on
international standards for the use of
placebo (article 29) and the issue of
assurance of access to best proven
intervention arising from the study
(article 30).
The requirements or standards referred
to in the Nuremberg Code and the
Declaration of Helsinki as principles
are understood today as rules (or
guidelines). This distinction between
ethical standards/requirements/rules and
principles became clearer in the Belmont
Report of 1979.
Rules and principles
One way to make sense of the
distinction between
'requirements/rules/standards' and
'principles' is to distinguish between
moral rules, ethical principles, moral
theory and judgments about a specific
actions.
In simple terms, judgments are based on
rules, rules on principles, and
principles on moral theory (e.g.
utility-based, duty-based, or
virtue-based theories of moral
obligations). Moral reasoning can be
understood as proceeding in this
hierarchical order of abstraction.
Belmont Report (1979)
After the signing of the U.S. National
Research Act of 1974, the National
Commission for the Protection of Human
Subjects of Biomedical and Behavioral
Research was convened and they issued
the Belmont
Report in 1978 which was published
in the Federal Register in 1979.
The Report is the first document to list
what we understand today as ethical
principles for research. The mandate of
the Commission is "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" (from the summary of The
Belmont Report).
Three principles were identified in the
Belmont Report:
- Respect for persons - this principle
"demands that subjects enter into the
research voluntarily and with adequate
information"
- Beneficence - obligation to "(1) do
not harm and (2) maximize possible
benefits and minimize possible harms"
- Justice - to distribute burdens and
benefits of research in a just way is
formulated as "(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"
The Report mentions historical
instances of unethical research that
should now be prevented such as
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 1940's, 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.
The basic principles identified in the
Belmont Report are needed as bases for
justifying specific moral rules and
guidelines that will be developed later
in national and international
instruments regulating research. These
principles were also used in developing
guidelines in clinical ethics and
bioethics, popularized in the well-known
book by J. Childress and T. Beauchamp (1979).
A fifth edition came out in 2001.
CIOMS Guidelines (2002)
The Council for International
Organizations of Medical Sciences
(CIOMS) issued their International
Ethical Guidelines for Biomedical
Research Involving Human Subjects
in 1982, 1993 and 2002.
The latest version adopts the 3
principles contained in the Belmont
Report as general ethical principles
(2002, p. 17) that ground the 21
guidelines that follow.
The debate on the importance of
principles
Some (e.g., Clouser
& Gert 1990) are critical of
the use of general principles while
others (Beauchamp
1995; Gillon
2003) defend it. Clouser and
Gert argued that principles, e.g. those
identified by Beauchamp and Childress
(1994), do not adequately determine
action nor provide practical guidance
because they are so general and vague.
Moral rules are more specific. The label
"principles" does not make research
ethics documents, e.g. the Nuremberg
Code or Declaration of Helsinki,
susceptible to such criticism because
the principles contained there are more
like rules. It does apply to principles
in post-Belmont Report documents but not
to requirements that apply those
principles, e.g. the requirement 'to
obtain informed consent' that apply the
principle of respect for persons.
The
debate between proponents of Kohlberg's
stages of moral development and
Gilligan's ethics of care also asks this
question about the importance of
principles. Kohlberg's highest stage of
moral development is one that is based
on universal ethical principles, e.g.
justice. Gilligan's criticizes the
prominence of principles as specific
only to men (Gilligan
1977). She argued that women focus
on response or "caring" rather than on
universal principles of morality.
Therefore, we cannot assume that
everyone (men and women alike) will rely
on universal principles of morality as
their most developed state of moral
behavior, as Kohlberg claims.
Despite empirical studies pointing to
the personal motivations for moral
actions, some authors (Cropanzano,
Goldman & Folger 2003) defend
the role of principles or standards of
right and wrong.
Still others (Emanuel,
Wendler, Grady 2000) prefer more
specific ethical requirements "that
systematically elucidate a coherent
framework for evaluating the ethics of
clinical research studies."
References:
Beauchamp, T. L. (1995). Principlism
and its alleged competitors. Kennedy
Institute of Ethics Journal, 5(3),
181-198. http://dx.doi.org/10.1353/ken.0.0111
Beauchamp, T. L. and Childress, J. F.
(1994). Principles of Biomedical
Ethics. 4th ed. New York: Oxford
University Press.
Clouser, K. D., & Gert, B. (1990).
A critique of principlism. Journal
of Medicine and Philosophy, 15(2),
219-236. http://dx.doi.org/10.1093/jmp/15.2.219
Cropanzano, R., Goldman, B., &
Folger, R. (2003). Deontic justice: the
role of moral principles in workplace
fairness. Journal of Organizational
Behavior, 24(8), 1019-1024. http://dx.doi.org/10.1002/job.228
Emanuel EJ, Wendler D, Grady C. What
Makes Clinical Research Ethical?. JAMA.
2000;283(20):2701-2711. http://dx.doi.org/10.1001/jama.283.20.2701
Gilligan, C. (1977). In a Different
Voice: Women's Conceptions of Self and
of Morality. Harvard Educational
Review, 47(4), 481-517. http://dx.doi.org/10.17763/haer.47.4.g6167429416hg5l0
Gillon, R. (2003). Ethics needs
principles—four can encompass the
rest—and respect for autonomy should be
“first among equals”. Journal of
Medical Ethics, 29(5), 307-312. http://dx.doi.org/10.1136/jme.29.5.307