Abstract
Current dramatic developments in biomedical research on humans have produced a conflict between two weighty social concerns: On the one hand, the interest in the advancement of biomedical science for the benefit of the present and future generations;1 and on the other hand, the principle calling for treating the individual as an end in itself, with his rights to privacy, autonomy, and self-determination adequately protected. These two all-important social concerns require proper consideration and mutual balancing.
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Bibliography
The Belmont Report, Ethical Principles and Guidelines for the Protection of Human Subjects of Research: 1978, DHEW Publication No. (OS) 78–0012.
Calabresi, G.: 1969, ‘Reflections on Medical Experimentation in Humans’, in P. A. Freund (ed.), Experimentation with Human Subjects, Russell Sage Foundation, New York.
Carmi, A.: 1977, The Doctor, the Patient and the Law, 25–56, 61–122 (Tel Aviv, in Hebrew).
Casebeer, K. M.: 1976, Injured Research Subjects: What Do We Owe Them?, 2, Quarterly Report of the Kennedy Institute for the Study of Human Reproduction and Bioethics 5–9.
Code of Federal Regulations, Title 45, Public Welfare, Department of Health and Human Services, National Institutes of Health, Office for Protection from Research Risks, Part 46 — Protection of Human Subjects, Revised as of March 8, 1983.
Note: 1975, ‘Comparative Approaches to Liability for Medical Maloccurrences’, Yale Law Journal 84, 1141.
Deutsch, E.: 1979, ‘Medical Malpractice: Informed Consent and Human Experimentation in Western Europe’, International Journal of Medicine and Law 1, (1), 81.
Federal Register, Vol. 46, No. 17, January 27, 1981, Rules and Regulations, pp. 8942–8980, Department of Health and Human Services, Food and Drug Administration, Protection of Human Subjects & Informed Consent.
Federal Register, Part II March 22, 1982, Department of Health and Human Services, Office of the Secretary, Exemption of Certain Research and Demonstration Projects from Regulations for Protection of Human Research Subjects.
Federal Register, Part IV, Department of Health and Human Services, Public Health Service, July 28, 1983, Protection of Human Subjects, Reports of the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, Notice of Availability and Request for Public Comment.
Final Report of the Tuskegee Syphilis Study Ad Hoc Advisory Panel, U. S. Department of Health, Education and Welfare, April 1973, Code of Federal Regulations, Title 45, Public Welfare, Department of Health and Human Services, Part 46 — Protection of Human Subjects, Revised as of January 26, 1981.
Fletcher, J.: 1969, Human Experimentation: Ethics in the Consent Situation, in C. C. Havighurst (ed.), Medical Progress and the Law, Oceana, New York.
Goldstein, J.: 1975, ‘For Harold Lasswell: Some Reflections on Human Dignity, Entrapment, Informed Consent, and the Plea Bargain’, Yale Law Journal 84, 690–698.
Halligan, P. D.: 1980, ‘The Standard of Disclosure by Physicians to Patients: Competing Models of Informed Consent’, Louisiana Law Review 41, 9.
Health Service Circular (Interim Series) 153, June 1975, sent by the Department of Health and Social Security to Regional Authorities and others, and incorporating the 1973 Report of a committee of the Royal College of Physicians on the Supervision of the Ethics of Clinical Research Investigations in Institutions.
Katz, J.: 1973, ‘The Regulation of Human Research — Reflections and Proposals’, Clinical Research 21(4), 785–791.
Katz, J.: 1977, ‘Informed Consent - A Fairy Tale?: Law’s Vision’, University of Pittsburgh Law Review 39(2), 137–174.
Katz, J. and Capron, A.: 1975, Catastrophic Diseases: Who Decides What?, Russell Sage Foundation, New York.
Public Health Regulations (Human Experimentation), December 1, 1980, 4189 Kovetz Hatakanot, (Secondary Legislation).
Ma’ayan, R. et al. v. the Director-General of the Ministry of Health: 1982, 36 (II) Piskei Din (Supreme Court Judgments).
Medical Research (Experiments with Human Beings) proposed law, by member of the Knesset Professor A. Rubinstein (November 1980).
Medical Research Law, drafted 1974 by Judge A. Carmi and Professor A. Atzmon under the auspices of the Society for Medicine and Law in Israel.
Nir, I.: 1983, ‘Clinical Trials in Israel - Criteria for Approval’, Israel Journal of Medical Sciences 19(5), 445–448.
Parush, A.: 1982, (Hebrew) ‘The Ma’ayan Case - Legal & Moral Aspects’, 12 Mishpatim (the Hebrew University Law Review), 530.
Pharmaceuticals, May 23, 1986: 4933 Kovetz Hatakanot (Secondary Legislation).
Proposed International Guidelines for Biomedical Research Involving Human Subjects, World Health Organization and the Council for International Organizations of Medical Sciences, CIOMS Geneva, 1982.
Reform of Drug Legislation of the Federal Republic of Germany of 24 August 1976 (Federal Law Gazette I, p. 2445), Sixth Section s. 40–42 (“Protection of the Human Being During the Clinical Trial”).
‘Regulations Governing Research on Human Subjects - Academic Freedom and the Institutional Review Board’, Dec. 1981, Academe 67.
Robertson, G.: 1981, ‘Informed Consent to Medical Treatment’, Law Quarterly Review 97, 102.
Somerville, M.: 1981, ‘Structuring the Issues in Informed Consent’, McGill Law Journal 26, 740.
Statement by the Medical Research Council: 1964, ‘Responsibility in Investigations on Human Subjects’, British Medical Journal 2 (July 18), 178–180.
United Nations, Economic and Social Council, Commission on Human Rights, Thirty-first session, E/CN. 4/1173 (18 February 1975) 9–10, 15–21.
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© 1988 Kluwer Academic Publishers
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Shapira, A. (1988). Public Control over Biomedical Experiments Involving Human Beings: an Israeli Perspective. In: Spicker, S.F., Alon, I., de Vries, A., Engelhardt, H.T. (eds) The Use of Human Beings in Research. Philosophy and Medicine, vol 28. Springer, Dordrecht. https://doi.org/10.1007/978-94-009-2705-6_6
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DOI: https://doi.org/10.1007/978-94-009-2705-6_6
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