LEGAL ASPECTS OF MEDICAL AND BIOLOGICAL RESEARCH OVER PEOPLE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 13)Publication Date: 2018-11-30
Authors : Yamnenko Tаtyana; Dmyryshyna Valentуna;
Page : 59-66
Keywords : human rights; law; medical experiments; biological experiments; humiliation over a person;
Abstract
The article deals with the views of scientists working on bioethics issues. In addition to scientific papers, this article contains historical information and events that took place at one time or another, and were directly related to the person and experiments on it. The ethical requirements for the activities of a scientist dealing with a person as a subject of research were first proclaimed in 1946 and enshrined in the Nuremberg Code, which for the first time put forward the idea of the priority of the good and the interests of the individual over the interests of science and society. This document has begun birth of bioethics and bioprocess, contributed to the development of international legal and legislative practice on the protection of human rights and humane treatment of experimental animals. In addition to the Nuremberg Code, there are a number of international instruments that regulate human rights in the field of biology: the Helsinki Declaration of the World Medical Association (latest version 2008), the Declaration on the Policy of Enforcing Patient Rights in Europe (1994), the Convention on the Protection of Human Rights and Dignity in communication with the application of the achievements of biology and medicine (Council of Europe, 1996), the Cartagena Protocol on Biosafety (2000), the European Charter of Patients' Rights (2002), the Constitution of the European Union (2004), the Universal Declaration on Bioethics and Human Rights ( UNESCO, 2005) and others. Relatively recently, in Ukraine, a number of normative legal documents that regulate the relationship «patient» - «medicine» appeared. Clear legislative definition of what a biomedical experiment in Ukraine is not. We believe that the medical-biological experiment is a pharmacological, surgical, radiological, and so on, effect on a person that changes the course of physiological and pathological processes in the human body to achieve a certain goal, in particular, in order to improve the living standards. Medico-biological experiment - a set of medical and biological experiments aimed at improving the biological parameters of the patient.
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