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BioMedical Ethics

Basic International Documents

By- Rajdeep Nandi


Group- M20-19
Table of contents
1 2
Nuremberg Code Universal declension
of Human Rights

6 3
Council of Europe Declaration of the
Convention Rights of the Child

5 4
International Code of Geneva Decleration
Medical Ethics
INTRODUCTION
The first international documents on medical ethics and bioethics were produced in the aftermath of the Second World War
and, therefore, focused on biomedical research with human subjects. In the following decades different institutions dedicated
to bioethics were created, some of them in the international realm, such as the Council for International Organizations of
Medical Sciences, the Council of Europe, WHO, and UNESCO – these last three, having a larger scope, established specialized
departments and/or programs on bioethics.

There are a growing number of international documents on medical ethics and bioethics. They started to be produced after the
Second World War, and they still keep their original and common goal to establish a core of ethical principles aiming to
standardize the rules of action in the widest scope possible.

The majority of these international documents are nonlegislative; they are of an ethical and deontological nature and not
legally binding. Nevertheless, their influence at the regulatory and political levels is very significant, also depending on the
nature and political representativeness of the institution or body that issues the document, as well as on the level of
consensus reached and the legal nature of the document itself.
01 Nuremberg Code
Among these first international documents, the most important is the Nuremberg
Code, in 1947. It is committed to establish the ethical requirements for biomedical
research involving human subjects.

The Nuremberg Code is a ten-point statement of the final judgment of the Nazi
doctor’s trial and has become part of international law, still prevailing at the basis of
all documents concerning the ethics of research with human subjects.

As a consequence of the trial of physicians (the Doctors’ Trial) who had conducted
atrocious experiments on unconsenting prisoners and detainees during the second
world war. The Code, designed to protect the integrity of the research subject, set out
conditions for the ethical conduct of research involving human subjects, emphasizing
their voluntary consent to research.
Universal Declaration of
02
Human Rights
The Universal Declaration of Human Rights was adopted by the General Assembly of
the United Nations in 1948.

The Universal Declaration of Bioethics and Human Rights is the only international
document that intends to put together the most fundamental bioethical principles to
be applied to biomedical research, clinical practice, healthcare policies, and to
international cooperation at the three men- tioned levels.

Article 7 of the Covenant states "No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. In particular, no one shall be
subjected without his free consent to medical or scientific experimentation". It is
through this statement that society expresses the fundamental human value that is
held to govern all research involving human subjects – the protection of the rights and
welfare of all human subjects of scientific experimentation.
Declaration of the
03
Rights of the Child

In 1959, the United Nations General


Assembly adopted the Declaration of the
Rights of the Child. It marked the first
major international consensus on the
fundamental principles of children’s
rights.
The Declaration of the Rights of the Childlays down ten
principles-

1. The right to equality, without distinction on account of race,


religion or national origin.
2. The right to special protection for the child’s physical, mental and
social development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
5. The right to special education and treatment when a child is
physically or mentally handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all
circumstances.
9. The right to protection against all forms of neglect, cruelty and
exploitation.
10. The right to be brought up in a spirit of understanding,
tolerance, friendship among peoples, and universal brotherhood.
04 Geneva Declaration
Adopted by the General Assembly of
The World Medical Associationat
Geneva, Switzerland, September, 1948.
AT THE TIME OF BEING ADMITTED AS A MEMBER OF THE MEDICAL PROFESSION:

I SOLEMNLY PLEDGE myself to consecrate my life to the service of humanity.


I WILL GIVE to my teachers the respect and gratitude which is their due
I WILL PRACTICE my profession with conscience and dignity
THE HEALTH OF HY PATIENT will be my first consideration
I WILL RESPECT the secrets which are confided in me
I WILL MAINTAIN by all the means in my power, the honor and the noble traditions of the medical
profession
MY COLLEAGUES will be my brothers
I WILL NOT PERHIT considerations of religion, nationality, race, party politics or social standing to
inter-vene between my duty and my patient
I WILL MAINTAIN the utmost respect for human life from the time of conception; even under threat, I
will not use my medical knowledge contrary to the laws of humanity.
I MAKE THESE PROMISSES solemnly, freely and upon my honor.
05
International code of
Medical Ethics

Adopted by the Third General Assembly


of THE WORLO MEDICAL
ASSOCIATION
London, England, October 1949
Duties of Doctors in General

A DOCTOR MUST always maintain the highest standards of professional conduct


A DOCTOR MUST practice his profession uninfluenced by motives of profit
THE FOLLOWING PRACTICES are deemed unethical-
a) Any self advertisement except such as is expressly authorized by the national code of medical
ethics.
b) Collaborate in any form of medical service in which the doctor does not have professional
independence.
c) Receiving any money in connection with services rendered to a patient other than a proper
professional fee, even with the knowledge of the patient.
ANY ACT, OR ADVICE which could weaken physical or mental resistanco of a human being may be
used only on his interest
A DOCTOR IS ADVISED to use great caution in divulging discoveries or new techniques or treatment.
A DOCTOR SHOULD certify or testify only to that which he has personally verified
Duties of Doctors to the Sick
A DOCTOR MUST ALWAYS bear in mind the Obligation of preserving human life.
A DOCTOR OWES to his patient complete loyalty and all the resources of his science. Whenever an
examination or treatment is beyond his capacity he should summon another doctor who has
the necessary ability.
A DOCTOR SHALL preserve absolute secrecy on all he knows about his p&tient because of the
confidence entrusted in him.
A DOCTOR HUST give emergency care as a humanitarian duty unless he is assured that others are
willing and able to give such care.
Duties of Doctors to Each Other
A DOCTOR OUGHT to behave to his colleagues as he would have them behave to him.
A DOCTOR MUST NOT entice patients from his colleagues.
A DOCTOR MUST OBSERVE the principles of “The Declaration of Geneva” approved
by The World Medical Association.
06
Council of
Europe Convention

The Convention for the Protection of


Human Rights and Dignity of the
Human Being with regard to the
Application of Biology and Medicine:
Convention on Human Rights and
Biomedicine was opened for signature
on 4 April 1997 in Oviedo (Spain).
This Convention is the only international legally binding instrument on the protection of human rights
in the biomedical field.

It draws on the principles established by the European Convention on Human Rights, in the field of
biology and medicine.

It is a framework Convention aiming at protecting the dignity and identity of all human beings and
guarantee everyone, without discrimination, respect for their integrity and other rights and
fundamental freedoms with regard to the application of biology and medicine.

It sets out fundamental principles applicable to daily medical practice and is regarded as such at the
European treaty on patient’s rights. It also deals specifically with biomedical research, genetics and
transplantation of organ and tissues.
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