Frequently Asked Questions About the IRB
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Assessing Non-Consensual Human Experimentation During the War on Terror
ACEVES_FINAL(DO NOT DELETE) 11/26/2018 9:05 AM INTERROGATION OR EXPERIMENTATION? ASSESSING NON-CONSENSUAL HUMAN EXPERIMENTATION DURING THE WAR ON TERROR WILLIAM J. ACEVES* The prohibition against non-consensual human experimentation has long been considered sacrosanct. It traces its legal roots to the Nuremberg trials although the ethical foundations dig much deeper. It prohibits all forms of medical and scientific experimentation on non-consenting individuals. The prohibition against non-consensual human experimentation is now well established in both national and international law. Despite its status as a fundamental and non-derogable norm, the prohibition against non-consensual human experimentation was called into question during the War on Terror by the CIA’s treatment of “high-value detainees.” Seeking to acquire actionable intelligence, the CIA tested the “theory of learned helplessness” on these detainees by subjecting them to a series of enhanced interrogation techniques. This Article revisits the prohibition against non-consensual human experimentation to determine whether the CIA’s treatment of detainees violated international law. It examines the historical record that gave rise to the prohibition and its eventual codification in international law. It then considers the application of this norm to the CIA’s treatment of high-value detainees by examining Salim v. Mitchell, a lawsuit brought by detainees who were subjected to enhanced interrogation techniques. This Article concludes that the CIA breached the prohibition against non-consensual human experimentation when it conducted systematic studies on these detainees to validate the theory of learned helplessness. Copyright © 2018 William J. Aceves *Dean Steven R. Smith Professor of Law at California Western School of Law. -
The Belmont Report Ethical Principles and Guidelines for the Protection of Human Subjects of Research
THE BELMONT REPORT 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 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. -
Code Gray.Pub
Written by Christine Mitchell, RN, FAAN and Ben Achtenberg with a historical commentary by Susan Reverby, PhD and assistance from Joan Sawyer and Karen Wolf, RN, MS Contents INTRODUCTION ....................................................................................... 3 Background ............................................................................................3 Synopsis of the Film ..............................................................................3 Suggested Uses .......................................................................................4 Scheduling ..............................................................................................4 FILM AS A TOOL FOR DISCUSSION .......................................................4 WHAT IS NURSING ETHICS? ...................................................................5 GLOSSARY ...................................................................................................5 SOME GENERAL DISCUSSION QUESTIONS ........................................6 CASE 1: BENEFICENCE ............................................................................7 Description of the Case .........................................................................7 The Principle: Beneficence ...................................................................7 Questions for Discussion ......................................................................8 CASE 2: AUTONOMY ................................................................................9 Description -
Phrecord Summer 2017
Physicians for Human Rights PHRecord Summer 2017 You Helped Us Tell the Truth about What Killed the People of Khan Sheikhoun When the bombs descended upon the victims, many of them children. “It looked chemical attack occur. We know that PHR’s Syrian town of Khan Sheikhoun in the like people were struggling against death. deep bench and known voice will have an early hours of April 4, Physicians for They were resisting death.” impact – that by exposing these war crimes, Human Rights’ Syria team sprang into by calling out the perpetrators, and by action. As hundreds of Syrian men, PHR’s medical experts analyzed first-hand drawing the world’s attention when human women, and children were overwhelmed reports from medical personnel on the rights are so cruelly violated, we can help by an apparent chemical weapons attack ground and video and photographic deter abuses and ensure justice in the future. and hospitals were overrun with the dying, documentation of victims. Within hours, Thank you for making that possible. PHR’s researchers quickly reached out PHR was able to state that the attack had to our network of health and emergency all the hallmarks of an assault with a nerve workers across Idlib Governorate to try to agent – and we were cited again and again understand what was happening. in the global media. Bashar, a first responder with the Syrian Your backing has enabled PHR to develop Civil Defense – the White Helmets – told a deep expertise in chemical weapons, PHR researcher Racha Mouawieh that the supported our extensive documentation attack was unlike anything he had ever of attacks on health care, and nurtured our encountered. -
Institutional Review Board (IRB)
Institutional IRB Essentials: Review All research team members need to complete the Board (IRB) Human Subjects Research course in CITI before the IRB application can be approved. This includes the Protecting the rights and welfare faculty advisor and students. CITI: of human subjects involved in www.citiprogram.org research activities You need to have final, written IRB approval before you begin. All consent forms and study materials must be approved by the IRB before being used. It’s fine if you’ve already started a literature review, but the IRB review and approval must be completed before you involve any human subjects in your research, including any study advertisement or subject recruitment. Office of Research Assurances (ORA) Morrill114 Hall, Room What is the Institutional Levels of review for IRB How long is the process? Review Board (IRB)? determination Providing that you (and your research team) have done your part in completing As Federally mandated, The University of • Full [convened] Committee Review- the Human Subjects Protection course Idaho IRB is an ethics committee greater than minimal risk through CITI and submitting all of the composed of scientists and non- • Expedited Review-no more than correct documents, then the IRB office scientists who serve as advocates for minimal risk can usually process Exempt reviews human subjects involved in research. • Exempt Review-less than “minimal within one business week and Expedited The IRB is charged with the risk” reviews within two to three business responsibility of reviewing and • Not Human Subjects Research weeks. If we need to contact you for overseeing human subjects research additional information or corrections, conducted by UI researchers. -
Chapter 2 the Underlying Principles of Ethical Patient Care
Chapter 2 The Underlying Principles of Ethical Patient Care Medical ethics is based on a series of ethical principles that are particularly relevant to medical practice and patient care. The principles were first developed by Tom Beauchamp and James Childress in their 1979 book, Principles of Biomedical Ethics, now in its fifth edition. Since then they have become recognized and used by those who work in medical ethics, training medical students and residents, working as eth- ics consultants in health care institutions, and serving on hospital ethics committees. These principles are included in the “common morality,” so they will be accepted by most members of the society. They are derived from classical ethical theories and are presupposed by traditional codes of medical ethics. The principles of medical ethics make several contributions to patient care and decision making in the medical context. They offer a way to approach ethical dilemmas that arise in the course of practicing medicine, making difficult health care decisions, and interacting with patients and their families. The principles pro- vide a way to organize our thinking about ethical issues in patient care and a shared language for health care providers to discuss these issues. Finally, the principles call attention to aspects of a medical situation that might be overlooked, and remind us that medicine is, ultimately, an ethical enterprise. Beauchamp and Childress introduced four basic principles of medical ethics: Principles of 1) Beneficence, 2) Non-Maleficence, 3) Respect for Autonomy, and 4) Justice. In this book we have expanded the original list of four principles to include the Principle of Respect for Dignity and the Principle of Veracity to include elements of patient care and medical decision making that are not explicitly covered by the original four principles, such as emotions and relationships; privacy and bodily integrity; religious, social, and cultural differences; and the importance of good communication skills. -
Dissemination of Vaccine Misinformation on Twitter and Its Countermeasures
Dissertation Dissemination of Vaccine Misinformation on Twitter and Its Countermeasures Christine Chen This document was submitted as a dissertation in March 2021 in partial fulfillment of the requirements of the doctoral degree in public policy analysis at the Pardee RAND Graduate School. The faculty committee that supervised and approved the dissertation consisted of Luke Matthews (Chair), Sarah Nowak and Jeremy Miles. The external reader was Jennifer Golbeck. This dissertation was generously supported by the Anne and James Rothenberg Dissertation Award. PARDEE RAND GRADUATE SCHOOL For more information on this publication, visit http://www.rand.org/pubs/rgs_dissertations/RGSDA1332-1.html Published 2021 by the RAND Corporation, Santa Monica, Calif. is a registered trademarK Limited Print and Electronic Distribution Rights This document and trademarK(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is reQuired from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions.html. The RAND Corporation is a research organization that develops solutions to public policy challenges to help maKe communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND MaKe a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Abstract Outbreaks of vaccine preventable diseases have continued to affect many parts of the United States. -
Nuremberg Code: Why It’S Important
UC DAVIS OFFICE OF RESEARCH Nuremberg Code: Why it’s Important Miles McFann IRB Administration Outreach and Training Nuremberg Trial 1946 -1947: “Doctors’ Trial” 23 defendants • 22 men • 1 woman 16 convictions • 9 prison sentences • 7 death sentences War Crimes: • Performing medical experimentation without subjects consent • Experimentation led to permanent disfigurement, disability, and/or death • Experimentation conducted on vulnerable populations 2 Nuremberg Trial (cont.) The Hippocratic Oath on Trial? 3 Nuremberg Code 1. The voluntary consent of the human subject is absolutely essential. • Ethical Principal: Respect for Persons 2. The experiment should be such as to yield fruitful results for the good of society, unprocurable by other methods or means of study, and not random and unnecessary in nature. • Ethical Principal: Beneficence 3. The experiment should be so designed and based on the results of animal experimentation and a knowledge of the natural history of the disease or other problem under study, that the anticipated results will justify the performance of the experiment. • Ethical Principal: Beneficence 4. The experiment should be so conducted as to avoid all unnecessary physical and mental suffering and injury. • Ethical Principal: Beneficence 4 Nuremberg Code 5. No experiment should be conducted, where there is an a priori reason to believe that death or disabling injury will occur; except, perhaps, in those experiments where the experimental physicians also serve as subjects. • Ethical Principal: Beneficence, Justice 6. The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment. • Ethical Principal: Beneficence 7. Proper preparations should be made and adequate facilities provided to protect the experimental subject against even remote possibilities of injury, disability, or death. -
When Human Experimentation Is Criminal L
Journal of Criminal Law and Criminology Volume 99 Article 3 Issue 1 Fall Fall 2008 When Human Experimentation is Criminal L. Song Richardson Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation L. Song Richardson, When Human Experimentation is Criminal, 99 J. Crim. L. & Criminology 89 (2008-2009) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/09/9901-0089 THE JOURNALOF CRIMINAL LAW & CRIMINOLOGY Vol. 99, No. I Copyright 0 2009 by Northwestern University, School of Law Printed in U.S.A. WHEN HUMAN EXPERIMENTATION IS CRIMINAL L. SONG RICHARDSON* Medical researchers engaged in human experimentation commit criminal acts seemingly without consequence. Whereas other actors who violate bodily integrity and autonomy are routinely penalized with convictions for assault, fraud, and homicide, researchers escape criminal punishment. This Article begins to scrutinize this undercriminalization phenomenon and provides a framework for understandingwhy researchers are not prosecuted for their crimes. It argues that their exalted social status, combined with the perceived social benefit of their research, immunizes them from use of the criminal sanction. Whether these constitute sufficient grounds to give researchers a pass from punishment is a significant question because the state's failure to act creates expressive harms. It displays attitudes towards victims and perpetrators that negatively affect the values of autonomy and dignity in medical research. -
Protecting Human Research Participants NIH Office of Extramural Research Introduction
Protecting Human Research Participants NIH Office of Extramural Research Introduction Research with human subjects can occasionally result in a dilemma for investigators. When the goals of the research are designed to make major contributions to a field, such as improving the understanding of a disease process or determining the efficacy of an intervention, investigators may perceive the outcomes of their studies to be more important than providing protections for individual participants in the research. Although it is understandable to focus on goals, our society values the rights and welfare of individuals. It is not considered ethical behavior to use individuals solely as means to an end. The importance of demonstrating respect for research participants is reflected in the principles used to define ethical research and the regulations, policies, and guidance that describe the implementation of those principles. Who? This course is intended for use by individuals involved in the design and/or conduct of National Institutes of Health (NIH) funded human subjects research. What? This course is designed to prepare investigators involved in the design and/or conduct of research involving human subjects to understand their obligations to protect the rights and welfare of subjects in research. The course material presents basic concepts, principles, and issues related to the protection of research participants. Why? As a part of NIH's commitment to the protection of human subjects and its response to Federal mandates for increased emphasis on protection for human subjects in research, the NIH Office of Extramural Research released a policy on Required Education in the Protection of Human Research Participants in June 2000. -
Autonomy in Research: Respect for Persons and Informed Consent
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike License. Your use of this material constitutes acceptance of that license and the conditions of use of materials on this site. Copyright 2006, The Johns Hopkins University and Holly Taylor. All rights reserved. Use of these materials permitted only in accordance with license rights granted. Materials provided “AS IS”; no representations or warranties provided. User assumes all responsibility for use, and all liability related thereto, and must independently review all materials for accuracy and efficacy. May contain materials owned by others. User is responsible for obtaining permissions for use from third parties as needed. Ethical Analysis Holly Taylor, MPH, PhD Johns Hopkins University Ethical Analysis Topics to be covered – Introduction to ethics – Framework for ethical analysis – Supplementing the framework 3 Section A Introduction to Ethics Normative Ethical Theory Person(s) Actions Consequences Continued 5 Normative Ethical Theory Virtue theory Consequentialist theory Non-consequentialist theory 6 Virtue Theory (Aristotle) Focus on person Cultivation of virtuous traits Image Source: www.epistemelinks.com Continued 7 Virtue Theory (Aristotle) “A just person—that is a person with the virtue of fairness—not only has the disposition to act fairly, but when so acting has a morally appropriate desire to do so. The person characteristically has a moral concern and reservation about acting in a way that would be unfair (p. 214).” Source: Beauchamp, -
Revised Ethical Guidelines in Indian Biobanking
Revised Ethical Guidelines In Indian Biobanking: Do We Need To Downregulate the Proposed Frameworks? Juhi Tayal1, Anurag Mehta2 and Alok Kumar1 1 Biorepository, Department of Research, Rajiv Gandhi Cancer Institute and Research Centre, India 2 Department of Laboratory Sciences and Molecular Diagnostics, RGCI&RC, India 1,2 Sec-5,Rohini, New Delhi, India-110085 Email: [email protected]/ [email protected] BACKGROUND Guideline for Indian Biobanks ABSTRACT • Clinical biobanks are gaining popularity in India and are also revolutionizing research. Indian • Biomedical research in India has revolutionized with the changing times. This Council for Medical Research(ICMR),Council for Scientific and Industrial Research (CSIR) and paradigm shift has not only bought greater complexities but also greater Department of Biotechnology (DBT) are the major agencies supporting research in India. The ICMR responsibilities for policy makers ,researchers and stakeholders. The is the national organization and also the apex body for developing ethical frameworks and guidelines advancement is not limited to basic research or clinical research ,it has now and also enforcing them. The ICMR issued the Policy Statement on Ethical Considerations Involved taken a foothold into Digital imaging and Artificial intelligence platforms as in Research on Human Subjects in 1980. Due to rapid advancement in biomedical sciences new well. ethical dimensions have emerged and nesseciated the updation of these guidelines time and again in • The aim of policy makers worldover was to safeguard four basic ethical 2000,2003, 2013 and very recently in 2017. The revision has introduced many new sections and principles for research involving human subjects: respect for persons, also revamped the existing sections .A new Section 11 was dedicated to Biological materials, beneficence, non-maleficence and justice.