Why eight EU Member States signed, but not yet ratified the Convention for Human Rights and Biomedicine

Goffin, Tom; Borry, Pascal; Dierickx, Kris; Nys, Herman

doi:10.1016/j.healthpol.2007.10.011

Cited by 10 publications

(8 citation statements)

References 14 publications

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“…The first international legislation for the protection of human rights in biomedicine is documented in the Council of Europe’s Convention on Human Rights and Biomedicine; although not yet universally ratified, it provides guidelines for inclusion of participants who lack capacity. 44…”

Section: Ethical Challenges Principles and Practical Issuesmentioning

confidence: 99%

Ethical Challenges and Solutions Regarding Delirium Studies in Palliative Care

Sweet

Adamis

Meagher

et al. 2014

Journal of Pain and Symptom Management

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Context-Delirium occurs commonly in settings of palliative care (PC), in which patient vulnerability in the unique context of end-of-life care and delirium-associated impairment of decision-making capacity may together present many ethical challenges. Methods-Together with an analysis of the ethical deliberations at the SUNDIPS meeting, we conducted a narrative literature review by key words searching of relevant databases and a subsequent hand search of initially identified articles. We also reviewed statements of relevance to delirium research in major national and international ethics guidelines. Objectives-BasedResults-Key issues identified include the inclusion of PC patients in delirium research, capacity determination, and the mandate to respect patient autonomy and ensure maintenance of patient dignity. Proposed solutions include designing informed consent statements that are clear, concise, and free of complex phraseology; use of concise, yet accurate, capacity assessment instruments with a minimally burdensome schedule; and use of PC friendly consent models, such as facilitated, deferred, experienced, advance, and proxy models.Conclusion-Delirium research in PC patients must meet the common standards for such research in any setting. Certain features unique to PC establish a need for extra diligence in meeting these standards and the employment of assessments, consent procedures, and patientfamily interactions that are clearly grounded on the tenets of PC.

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Section: Ethical Challenges Principles and Practical Issuesmentioning

confidence: 99%

Ethical Challenges and Solutions Regarding Delirium Studies in Palliative Care

Sweet

Adamis

Meagher

et al. 2014

Journal of Pain and Symptom Management

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“…The Convention on Human Rights and Biomedicine also gives some guidelines for including incapacitated subjects in biomedical research. However, some countries which signed it have yet to ratify it [10].…”

Section: Research Into Delirium-the Ethical Dilemmamentioning

confidence: 99%

Ethical Research in Delirium: Arguments for Including Decisionally Incapacitated Subjects

et al. 2009

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Here we describe how more important findings were obtained in a delirium study by using an informal assessment of mental capacity, and, in those who lacked capacity, obtaining consent later when or if capacity returned or a proxy was found. From a total of 233 patients 23 patients lacked capacity as judged by our informal capacity judgment and 210 did not. Of those who lacked capacity, 13 agreed to enter in the study. Six of them regained capacity later. When these 13 participants were excluded from analysis, significant findings were no longer evident. These results show that by the inclusion of subjects who lacked capacity the results of analyses of the condition from whish they suffer are altered. We suggest that this approach to the study of delirium is more ethical than the usual system of strict exclusion of people who lack capacity to give consent and for whom assent is not available.

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“…With regard to the client's autonomy and his right to have appropriate information, it is interesting to underline directives given by the Convention for the Protection of Human Rights and Dignity of the Human Being to the application of biology and medicine 24. In practical terms, the Oviedo Convention is considered an important source in the Italian normative context, although not yet ratified by Italy 25. On the other hand, the UK is not a signatory of the Oviedo Convention and it seems that the Convention would not be a significant influence in any legal debate about this subject.…”

Section: Discussionmentioning

confidence: 99%

Discovering misattributed paternity in genetic counselling: different ethical perspectives in two countries

2013

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Misattributed paternity or 'false' paternity is when a man is wrongly thought, by himself and possibly by others, to be the biological father of a child. Nowadays, because of the progression of genetics and genomics the possibility of finding misattributed paternity during familial genetic testing has increased. In contrast to other medical information, which pertains primarily to individuals, information obtained by genetic testing and/or pedigree analysis necessarily has implications for other biologically related members in the family. Disclosing or not a misattributed paternity has a number of different biological and social consequences for the people involved. Such an issue presents important ethical and deontological challenges. The debate centres on whether or not to inform the family and, particularly, whom in the family, about the possibility that misattributed paternity might be discovered incidentally, and whether or not it is the duty of the healthcare professional (HCP) to disclose the results and to whom. In this paper, we consider the different perspectives and reported problems, and analyse their cultural, ethical and legal dimensions. We compare the position of HCPs from an Italian and British point of view, particularly their role in genetic counselling. We discuss whether the Oviedo Convention of the Council of Europe (1997) can be seen as a basis for enriching the debate.

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Why eight EU Member States signed, but not yet ratified the Convention for Human Rights and Biomedicine

Cited by 10 publications

References 14 publications

Ethical Challenges and Solutions Regarding Delirium Studies in Palliative Care

Ethical Challenges and Solutions Regarding Delirium Studies in Palliative Care

Ethical Research in Delirium: Arguments for Including Decisionally Incapacitated Subjects

Discovering misattributed paternity in genetic counselling: different ethical perspectives in two countries

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