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THE NUREMBERG CODE
- The voluntary consent of the human subject is
absolutely essential.
This means that the person involved should have legal capacity to give
consent; should be so situated as to be able to exercise free power of
choice, without the intervention of any element of force, fraud, deceit,
duress, over-reaching, or other ulterior form of constraint or coercion; and
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. This latter element requires that, before the
acceptance of an affirmative decision by the experimental subject, there
should be made known to him the nature, duration, and purpose of the
experiment; the method and means by which it is to be conducted; 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 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 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.
- 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.
- The experiment should be so conducted as to
avoid all unnecessary physical and mental suffering and injury.
- 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.
- 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.
- Proper preparations should be made and
adequate facilities provided to protect the experimental subject against
even remote possibilities of injury, disability, or death.
- The experiment should be conducted only by
scientifically qualified persons. The highest degree of skill and care
should be required through all stages of the experiment of those who conduct
or engage in the experiment.
- During the course of the experiment, the human
subject should be at liberty to bring the experiment to an end, if he has
reached the physical or mental state, where continuation of the experiment
seemed to him to be impossible.
- During the course of the experiment, the
scientist in charge must be prepared to terminate the experiment at any
stage, if he has probable cause to believe, in the exercise of the good
faith, superior skill and careful judgement required of him, that a
continuation of the experiment is likely to result in injury, disability, or
death to the experimental subject.
["Trials of War Criminals before the Nuremberg Military Tribunals
under Control Council Law No. 10", Vol. 2, pp. 181-182. Washington,
D.C.: U.S. Government Printing Office, 1949.]
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