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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 Human
02
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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