Abstract
Pregnant women and their foetuses have long been regarded as vulnerable, where being vulnerable indicates a likelihood of suffering harm. This perception has led to the widespread exclusion of pregnant women from clinical research, in order to protect foetuses and the women who carry them from any dangers associated with exposure to experimental therapeutic products or interventions. This chapter explores the ways in which pregnant women are vulnerable, and the potential risk of exploitation if pregnant women are enrolled in clinical research. There are three overlapping sources of vulnerability: inherent, situational, and pathogenic, and each of these may be dispositional (i.e. potential) or occurrent (i.e. requiring immediate action to limit harm). We argue that while pregnant women may experience one or more forms of vulnerability, in general they are not at risk of exploitation during research because they do not provide researchers with the opportunity to conduct more efficient research. We conclude with policy suggestions for conducting research with pregnant women that responds to vulnerability, promotes autonomy, and supports fair access to research participation. We focus on pregnancy registries, parental consent, and minimal risk research limits.
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Notes
- 1.
For example, in the United States, the Tuskegee study prompted the National Research Act 1974, which required the establishment of institutional review boards at institutions receiving federal grants and set up the National Commission for the Protection of Human Subjects of Biomedical and Behavioural Research that produced the Belmont Report in 1979. In New Zealand the research ethics framework was based on recommendations in the Cartwright Report that investigated unethical research on women conducted by Dr Green (Cartwright 1988).
- 2.
The concept of vulnerability is not limited to human persons, as many living creatures including non-human animals have the capacity to suffer harms, and are thereby vulnerable.
- 3.
- 4.
The term exploitation is also often used in a third way, as a moral amplifier, to signify that the author vehemently objects to a practice. Such examples are excluded from our analysis because they are not intended to refer to exploitation in a technical sense.
- 5.
Some research ethics guidelines require minimising risk with vulnerable populations. We argue that risk should be minimised to the greatest extent possible with all research populations and we prefer an ethical model that focuses on risk/potential benefit balance rather than risk minimisation.
- 6.
See, for example, the combined clinical care and research registry described in Bentley et al. (2007).
- 7.
For an account of the ethical concept of the foetus as patient, and associated beneficence-based obligations, see McCullough et al 2005.
- 8.
Deliberative forums, such as citizens’ juries, provide opportunities for members of the public to receive expert information and articulate, share and deliberate about relevant issues. Their informed views are taken to be reflective of community values (Murphy 2005).
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Ballantyne, A., Rogers, W. (2016). Pregnancy, Vulnerability, and the Risk of Exploitation in Clinical Research. In: Baylis, F., Ballantyne, A. (eds) Clinical Research Involving Pregnant Women. Research Ethics Forum, vol 3. Springer, Cham. https://doi.org/10.1007/978-3-319-26512-4_8
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