WorldWideScience

Sample records for legal ethical scientific

  1. [Patents and scientific research: an ethical-legal approach].

    Science.gov (United States)

    Darío Bergel, Salvador

    2014-01-01

    This article aims to review the relationship between patents and scientific research from an ethical point of view. The recent developments in the law of industrial property led in many cases to patent discoveries, contributions of basic science, and laws of nature. This trend, which denies the central principles of the discipline, creates disturbances in scientific activity, which requires the free movement of knowledge in order to develop their potentialities.

  2. Whistleblowing and scientific misconduct: renewing legal and virtue ethics foundations.

    Science.gov (United States)

    Faunce, Thomas Alured; Jefferys, Susannah

    2007-09-01

    Whistleblowing in relation to scientific research misconduct, despite the benefits of increased transparency and accountability it often has brought to society and the discipline of science itself, remains generally regarded as a pariah activity by many of the most influential relevant organizations. The motivations of whistleblowers and those supporting them continued to be questioned and their actions criticised by colleagues and management, despite statutory protections for reasonable disclosures appropriately made in good faith and for the public interest. One reason for this paradoxical position, explored here, is that whistle blowing concerning scientific misconduct lacks the policy support customarily derived from firm bioethical and jurisprudential foundations. Recommendations are made for altering this situation in the public interest.

  3. Scientific, legal, and ethical challenges of end-of-life organ procurement in emergency medicine.

    Science.gov (United States)

    Rady, Mohamed Y; Verheijde, Joseph L; McGregor, Joan L

    2010-09-01

    We review (1) scientific evidence questioning the validity of declaring death and procuring organs in heart-beating (i.e., neurological standard of death) and non-heart-beating (i.e., circulatory-respiratory standard of death) donation; (2) consequences of collaborative programs realigning hospital policies to maximize access of procurement coordinators to critically and terminally ill patients as potential donors on arrival in emergency departments; and (3) ethical and legal ramifications of current practices of organ procurement on patients and their families. Relevant publications in peer-reviewed journals and government websites. Scientific evidence undermines the biological criteria of death that underpin the definition of death in heart-beating (i.e., neurological standard) and non-heart-beating (i.e., circulatory-respiratory standard) donation. Philosophical reinterpretation of the neurological and circulatory-respiratory standards in the death statute, to avoid the appearance of organ procurement as an active life-ending intervention, lacks public and medical consensus. Collaborative programs bundle procurement coordinators together with hospital staff for a team-huddle and implement a quality improvement tool for a Rapid Assessment of Hospital Procurement Barriers in Donation. Procurement coordinators have access to critically ill patients during the course of medical treatment with no donation consent and with family or surrogates unaware of their roles. How these programs affect the medical care of these patients has not been studied. Policies enforcing end-of-life organ procurement can have unintended consequences: (1) erosion of care in the patient's best interests, (2) lack of transparency, and (3) ethical and legal ramifications of flawed standards of declaring death. Copyright 2010 Elsevier Ireland Ltd. All rights reserved.

  4. Ethical principles of scientific communication

    Directory of Open Access Journals (Sweden)

    Baranov G. V.

    2017-03-01

    Full Text Available the article presents the principles of ethical management of scientific communication. The author approves the priority of ethical principle of social responsibility of the scientist.

  5. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

    Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.

    2000-01-01

    The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…

  6. Scientific Publication Ethics

    Directory of Open Access Journals (Sweden)

    Osman İnci

    2015-06-01

    Full Text Available Science based on consciousness of responsibility and principles of trust puts academics under an obligation to act according to the values and principles, ethical attitudes and standards of behaviour. A quest for perfectness, to observe truth and show respect for the dignity and value of each individual should be a fundamental principle. In this context, academic freedom and autonomy, academic integrity,  responsibility and accountabily, respect for others, the protection of the fundamental rights and competence are among the core values of academic merit. Science is not possible without ethics. Protection of academic value is essential for an academic publication. It is also fundamental that academics should not behave contrary to the ethics values. It is assumed that academic studies are conducted honestly, based on true foundations, that the research data are collected according to the correct methods, accurate statistics are used and results are reported accordingly. It is also assumed that professional standards are carried out in software presentation and share of results. The exceptional methods in academical publications should be classified as those carried out intentionally, aiming to mislead the related studies and the others to be distinguished from the ones carried out by some ignorances and various innocent facts. The most serious infraction of the ethical rules and standards is the ‘academic misappropriation’. Among all, the most crucial one is the academic plagiarism, which is transferring the production of some other person under one’s own name or stealing away the work of other persons. Creating some not-existing data and results, and fabrication is inventing some information just by sitting at the table. Changing the datas and results without scientific reasoning, and falsification is accepted as another and the third kind of misappropriation (FTP. Their most important difference from the other kinds is

  7. Scientific Ethics: A New Approach.

    Science.gov (United States)

    Menapace, Marcello

    2018-06-04

    Science is an activity of the human intellect and as such has ethical implications that should be reviewed and taken into account. Although science and ethics have conventionally been considered different, it is herewith proposed that they are essentially similar. The proposal set henceforth is to create a new ethics rooted in science: scientific ethics. Science has firm axiological foundations and searches for truth (as a value, axiology) and knowledge (epistemology). Hence, science cannot be value neutral. Looking at standard scientific principles, it is possible to construct a scientific ethic (that is, an ethical framework based on scientific methods and rules), which can be applied to all sciences. These intellectual standards include the search for truth (honesty and its derivatives), human dignity (and by reflection the dignity of all animals) and respect for life. Through these it is thence achievable to draft a foundation of a ethics based purely on science and applicable beyond the confines of science. A few applications of these will be presented. Scientific ethics can have vast applications in other fields even in non scientific ones.

  8. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

  9. Ethical and Legal Responsibilities of Counselors.

    Science.gov (United States)

    Glennen, Robert E.

    In the aftermath of the Watergate scandal, each profession is reviewing its ethical practices. This paper assists in this renewal by citing the code of ethical standards of APGA; reviewing the laws of the State of Nevada regarding privileged communications; and covering the legal aspects which relate to counseling situations. (Author)

  10. Do ethics committees need a legal framework?

    Science.gov (United States)

    Byk, Christian

    2007-01-01

    The question "do ethics committees need a legal framework" may then raise fundamental discussion in the case of developing countries: will an ethical framework bring them a better capacity to assume their task? And what should this task be if we consider the particularities of clinical research conducted in developing countries?

  11. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

  12. Cutting Edges and Weaving Threads in the Gene Editing (Я)evolution: Reconciling scientific progress with Legal, Ethical, & Social concerns 

    DEFF Research Database (Denmark)

    Nordberg, Ana; Minssen, Timo; Holm, Sune Hannibal

    2018-01-01

    Gene editing technologies, such as CRISPR/Cas9, hold great promises for the advancement of science and technology. These foundational technologies enable to modify the genetic structure of living organisms with unprecedented precision. Potential applications include both plant, animal and human...... genetic interventions. In plant biology, gene editing introduces more precise, target- and time-efficient tools to engineer plants for multipurpose uses such as crops, medicines or biofuel. In humans, the technologies offers hope in the fight against severe genetic diseases and many other illnesses. Yet...... scientists, and physicists analyses and discusses the most problematic legal, ethical and societal implications of gene editing....

  13. Ethics in Scientific Publishing

    Science.gov (United States)

    Sage, Leslie J.

    2012-08-01

    We all learn in elementary school not turn in other people's writing as if it were our own (plagiarism), and in high school science labs not to fake our data. But there are many other practices in scientific publishing that are depressingly common and almost as unethical. At about the 20 percent level authors are deliberately hiding recent work -- by themselves as well as by others -- so as to enhance the apparent novelty of their most recent paper. Some people lie about the dates the data were obtained, to cover up conflicts of interest, or inappropriate use of privileged information. Others will publish the same conference proceeding in multiple volumes, or publish the same result in multiple journals with only trivial additions of data or analysis (self-plagiarism). These shady practices should be roundly condemned and stopped. I will discuss these and other unethical actions I have seen over the years, and steps editors are taking to stop them.

  14. ASPECTOS ÉTICOS Y LEGALES DE LA INVESTIGACIÓN CIENTÍFICA EN BRASIL ASPECTOS ÉTICOS E LEGAIS DA PESQUISA CIENTÍFICA NO BRASIL ETHICAL AND LEGAL ASPECTS OF SCIENTIFIC RESEARCH IN BRAZIL

    Directory of Open Access Journals (Sweden)

    Paulo Roberto da Silva

    2010-06-01

    ção humana, das pesquisas com populações indígenas, das pesquisas em genética humana, dos projetos multicêntricos e das bases de dados biológicas. Pode-se concluir que existem leis de amparo à pesquisa científica no Brasil, estabelecendo prioridades nacionais, determinando direitos e deveres dos pesquisadores e dos sujeitos de pesquisa. Existe um sistema nacional de regulação ética; todavía estabelecido por resoluções do poder executivo. As resoluções incluem diversas temáticas associadas com a investigação científica, incluindo as diretrizes mundiais acerca da ética em pesquisa, considerando até a Declaração de Helsinki.This article has searched and analyzed the regulatory process of the ethics of scientific research in Brazil. The methodology consisted in a systematic review, characterized by a bibliographical and documental study, results being analyzed by the content analysis technique. Legal documents studied dealt mainly with constitutional guaranties associated with scientific research, system of ethics regulation, definition of user, clinical investigations, investigations with foreign cooperation, treatment and diagnosis safeguards, human reproduction research, research with aboriginal populations, human genetics research, multicenter projects and biological data bases. It can be concluded that there are protection laws for scientific research in Brazil, establishing national priorities, determining researchers and research subjects rights and duties. There is a national system of ethics regulation established by resolutions of legislative power. Resolutions include diverse topics associated with scientific research, in line with world guidelines for research ethics, in this case the Helsinki Declaration.

  15. Ethical, legal, and social issues in the translation of genomics into health care.

    Science.gov (United States)

    Badzek, Laurie; Henaghan, Mark; Turner, Martha; Monsen, Rita

    2013-03-01

    The rapid continuous feed of new information from scientific discoveries related to the human genome makes translation and incorporation of information into the clinical setting difficult and creates ethical, legal, and social challenges for providers. This article overviews some of the legal and ethical foundations that guide our response to current complex issues in health care associated with the impact of scientific discoveries related to the human genome. Overlapping ethical, legal, and social implications impact nurses and other healthcare professionals as they seek to identify and translate into practice important information related to new genomic scientific knowledge. Ethical and legal foundations such as professional codes, human dignity, and human rights provide the framework for understanding highly complex genomic issues. Ethical, legal, and social concerns of the health provider in the translation of genomic knowledge into practice including minimizing harms, maximizing benefits, transparency, confidentiality, and informed consent are described. Additionally, nursing professional competencies related to ethical, legal, and social issues in the translation of genomics into health care are discussed. Ethical, legal, and social considerations in new genomic discovery necessitate that healthcare professionals have knowledge and competence to respond to complex genomic issues and provide appropriate information and care to patients, families, and communities. Understanding the ethical, legal, and social issues in the translation of genomic information into practice is essential to provide patients, families, and communities with competent, safe, effective health care. © 2013 Sigma Theta Tau International.

  16. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

    Mavroforou, A; Michalodimitrakis, E; Hatzitheo-Filou, C; Giannoukas, A

    2010-02-01

    With the rapid introduction of revolutionary technologies in surgical practice, such as computer-enhanced robotic surgery, the complexity in various aspects, including medical, legal and ethical, will increase exponentially. Our aim was to highlight important legal and ethical implications emerged from the application of robotic surgery. Search of the pertinent medical and legal literature. Robotic surgery may open new avenues in the near future in surgical practice. However, in robotic surgery, special training and experience along with high quality assessment are required in order to provide normal conscientious care and state-of-the-art treatment. While the legal basis for professional liability remains exactly the same, litigation with the use of robotic surgery may be complex. In case of an undesirable outcome, in addition to physician and hospital, the manufacturer of the robotic system may be sued. In respect to ethical issues in robotic surgery, equipment safety and reliability, provision of adequate information, and maintenance of confidentiality are all of paramount importance. Also, the cost of robotic surgery and the lack of such systems in most of the public hospitals may restrict the majority from the benefits offered by the new technology. While surgical robotics will have a significant impact on surgical practice, it presents challenges so much in the realm of law and ethics as of medicine and health care.

  17. Ethical and legal dilemmas in infertility treatment

    Directory of Open Access Journals (Sweden)

    Dragojević-Dikić Svetlana

    2004-01-01

    Full Text Available One of the main characteristics of the new millennium is the affirmation of human rights in all aspects of human existence, with the intention of turning declarative statements into reality. Development of up-to-date assisted reproductive technologies (ART and their application in infertility treatment have raised numerous ethical, legal, religious, social and other questions. In vitro fertilization, donation of gametes, embryos and pre-embryos, cryopreservation of gametes, embryos, ovarian and testicular tissues, embryo transfer, genetic reproductive techniques, cloning and other sophisticated methods used in infertility treatment require cooperation between the medical and legal professions. Ethical aspects of human reproduction and assisted fertilization are based on full respect of the life of an individual even before conception, from pre-embryo stage, via embryo stage and fetus stage to a newborn infant. Regarding investigative and clinical projects, this standpoint implies the legalization of all ART procedures, unencumbered exchange of information and consensus about their application, and adherence to the basic ethical principles of autonomy benefit, justice and common welfare. Ethical postulates provide unequivocal directions in the creation of new life and resolve all possible ethical dilemmas, protecting the rights of doctors and participant in relevant procedures alike and reasserting the crucial principle - respect of human dignity.

  18. Surrogacy: Ethical and Legal Issues

    Directory of Open Access Journals (Sweden)

    Pikee Saxena

    2012-01-01

    Full Text Available Surrogacy refers to a contract in which a woman carries a pregnancy "for"another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

  19. Surrogacy: Ethical and Legal Issues

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-01-01

    Surrogacy refers to a contract in which a woman carries a pregnancy “for” another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. PMID:23293432

  20. Surrogacy: ethical and legal issues.

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-10-01

    Surrogacy refers to a contract in which a woman carries a pregnancy "for" another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

  1. Cutting edges and weaving threads in the gene editing (Я)evolution: reconciling scientific progress with legal, ethical, and social concerns

    Science.gov (United States)

    Holm, Sune; Horst, Maja; Mortensen, Kell; Møller, Birger Lindberg

    2018-01-01

    Abstract Gene-editing technology, such as CRISPR/Cas9, holds great promise for the advancement of science and many useful applications technology. This foundational technology enables modification of the genetic structure of any living organisms with unprecedented precision. Yet, in order to enhance its potential for societal benefit, it is necessary to adapt rules and produce adequate regulations. This requires an interdisciplinary effort in legal thinking. Any legislative initiative needs to consider both the benefits and the problematic aspects of gene editing, from a broader societal and value-based perspective. This paper stems from an interdisciplinary research project seeking to identify and discuss some of the most pressing legal implications of gene-editing technology and how to address these. While the questions raised by gene editing are global, laws and regulations are to a great extent bound by national borders. This paper presents a European perspective, written for a global audience, and intends to contribute to the global debate. The analysis will include brief references to corresponding USA rules in order to place these European debates in the broader international context. Our legal analysis incorporates interdisciplinary contributes concerning the scientific state of the art, philosophical thinking regarding the precautionary principle and dual-use issues as well as the importance of communication, social perception, and public debate. Focusing mainly in the main regulatory and patent law issues, we will argue that (a) general moratoriums and blank prohibitions do a disservice to science and innovation; (b) it is crucial to carefully consider a complex body of international and European fundamental rights norms applicable to gene editing; (c) these require further developments grounded in consistent and coherent implementation and interpretation; (d) legal development should follow a critical contextual approach capable of integrating

  2. Ethical and Legal Considerations of Healthcare Informatics

    Directory of Open Access Journals (Sweden)

    Maria ALUAŞ

    2016-12-01

    Full Text Available Internet, cloud computing, social networks and mobile technology, all facilitate information transfer. Healthcare professionals, physicians and patients can use informatic devices in order to simplify their access to medical information, to streamline testing, and to understand clinical results. The use of computers and software facilitate doctor-patient interactions by optimizing communication and information flow. However, digital interfaces also increase the risks that information specialists use information without fully complying with ethical principles and laws in force. Our premise is that these information specialists should: 1 be informed of the rights, duties, and responsibilities linked to their profession and laws in force; 2 have guidelines and ethical tutoring on what they need to do in order to avoid or prevent conflict or misconduct; 3 have renewed specific training on how to interpret and translate legal frameworks into internal rules and standards of good practice. The purpose of this paper was: 1 to familiarize professionals who work in healthcare informatics with the ethical and legal issues related to their work; 2 to provide information about codes of ethics and legal regulations concerning this specific area; 3 to summarize some risks linked to wrong or inadequate use of patient information, such as medical, genetic, or personal data.

  3. Ethics of reviewing scientific publications.

    Science.gov (United States)

    Napolitani, Federica; Petrini, Carlo; Garattini, Silvio

    2017-05-01

    The approval or rejection of scientific publications can have important consequences for scientific knowledge, so considerable responsibility lies on those who have to assess or review them. Today it seems that the peer review process, far from being considered an outdated system to be abandoned, is experiencing a new upturn. This article proposes criteria for the conduct of reviewers and of those who select them. While commenting on new emerging models, it provides practical recommendations for improving the peer-review system, like strengthening the role of guidelines and training and supporting reviewers. The process of peer review is changing, it is getting more open and collaborative, but those same ethical principles which guided it from its very origin should remain untouched and be firmly consolidated. The paper highlights how the ethics of reviewing scientific publications is needed now more than ever, in particular with regard to competence, conflict of interest, willingness to discuss decisions, complete transparency and integrity. Copyright © 2016 European Federation of Internal Medicine. Published by Elsevier B.V. All rights reserved.

  4. The legal ethics of pediatric research.

    Science.gov (United States)

    Coleman, Doriane Lambelet

    2007-12-01

    Since the mid- to late 1990s, the scientific and medical research community has sought to increase its access to healthy children for research protocols that involve harm or a risk of harm. This move reverses longstanding policy within that community generally to exclude healthy children from such protocols on the grounds that the research as to them is non-therapeutic, that they are particularly vulnerable to research-related abuses, and that they are unable themselves to give informed consent to their participation. The research community's new posture has been supported by prominent pediatric bioethicists who have argued that unless healthy children are included as research subjects in harmful or risky research, the pediatric population will continue to suffer relative to the adult population in the extent to which it benefits from modern advances in science and medicine. In their view, it is possible for the research community to self-administer a rule that strikes a balance between protecting healthy children from research-related abuses and allowing their inclusion in cutting-edge pediatric research. In this scheme, parental consent is central to the research community's claims about child protection. This Article explores the flaws inherent in this ethics of pediatric research. Specifically, it challenges the view from ethics that the law permits parents to consent to their children's inclusion in harmful or risky research to the extent that related invasions would meet legal maltreatment standards. More broadly, it challenges the movement to increase access to healthy children for harmful and risky research on the ground that it risks two important regressions: First, in its willingness to risk harm to individual children in the interests of the group, it threatens the progress the law has made in its development of the concept of the child as an individual worthy of respect in his or her own right, a concept that imagines parents as fiduciaries and that

  5. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

    O'Reilly, G.; Malone, J. F.

    2008-01-01

    The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

  6. Technological innovations in forensic genetics: social, legal and ethical aspects.

    Science.gov (United States)

    Wienroth, Matthias; Morling, Niels; Williams, Robin

    2014-01-01

    This paper discusses the nature of four waves of technological innovations in forensic genetics alongside the social, legal and ethical aspect of these innovations. It emphasises the way in which technological advances and their socio-legal frameworks are co-produced, shaping technology expectations, social identities, and legal institutions. It also considers how imagined and actual uses of forensic genetic technologies are entangled with assertions about social order, affirmations of common values and civil rights, and promises about security and justice. Our comments seek to encourage the participation of scientific actors in the development of anticipatory governance deliberations concerning the widening application of forensic genetics in an increasing number of criminal and civil jurisdictions.

  7. Ethical and Legal Issues in Gestational Surrogacy.

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother).

  8. Ethical and Legal Issues in Gestational Surrogacy

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    Abstract This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother). PMID:29675478

  9. Surrogacy: ethical, legal, and social aspects.

    Science.gov (United States)

    Bromham, D R

    1995-09-01

    In considering the interrelated ethical, legal and social aspects of surrogacy we acknowledge that society has long accepted the delegation of various parenteral functions and explore the role of a surrogate in relationship to this as well as alluding to commoner comparisons with prostitution and adultery. In particular, the "birth mother" rule, the public antipathy to "commercial" surrogacy and restrictive legislation are explored and found to be inappropriate. It is concluded that the regulation, surveillance and assessment needed to ensure the best outcome for all concerned would perhaps be easiest achieved in programmes that are formally licensed under permissive legislation and adequately funded by "commercial" means.

  10. Legal, ethical,and economic constraints

    International Nuclear Information System (INIS)

    Libassi, F.P.; Donaldson, L.F.

    1980-01-01

    This paper considers the legal, ethical, and economic constraints to developing a comprehensive knowledge of the biological effects of ionizing radiation. These constraints are not fixed and immutable; rather they are determined by the political process. Political issues cannot be evaded. The basic objective of developing a comprehensive knowledge about the biological effects of ionizing radiation exists as an objective not only because we wish to add to the store of human knowledge but also because we have important use for that knowledge. It will assist our decision-makers to make choices that affect us all. These choices require both hard factual information and application of political judgment. Research supplies some of the hard factual information and should be as free as possible from political influence in its execution. At the same time, the political choices that must be made influence the direction and nature of the research program as a whole. Similarly, the legal, ethical, and economic factors that constrain our ability to expand knowledge through research reflect a judgment by political agents that values other than expansion of knowledge should be recognized and given effect

  11. Antiprogestin drugs: ethical, legal and medical issues.

    Science.gov (United States)

    Cook, R J; Grimes, D A

    1992-01-01

    RU 486 allows women the choice of a medical rather than a surgical abortion, and, for most women, the choice is one of procedure, not of whether to have an abortion. Issues surrounding RU 486 were explored in an American Society of Law and Medicine conference in December 1991 entitled "Antiprogestin Drugs: Ethical, Legal and Medical Issues." An introduction to 14 conference papers provides an overview of the proceedings. Baulieu, the father of RU 486, described updated developments in its use and the medically supervised method of abortion. Bygdeman and Swahn presented their work in Sweden on combining RU 486 with a prostaglandin to make abortion more effective. They suggested that the drug may be an attractive postovulation contraceptive. Greenslad et al. discussed service delivery aspects of the use of RU 486. Holt considered the implications of use of the drug in low-resource settings. A survey of obstetricians and gynecologists, presented by Heilig, indicates that 22% more physicians would perform a medical abortion. Patient perspectives were addressed by David, who stated that measuring acceptability of an abortion technique is difficult; women have historically used whatever method is available. A collaborative research project in India and Cuba on why women chose certain methods was reported by Winikoff et al. (90% of women would choose medical abortion if faced with the choice again). Berer analyzed French data on women's perspectives on medical vs. surgical abortion. The question of adolescent use of the drug was considered by Senderowitz, who lamented the lack of data on the subject and described what is known about adolescent pregnancy. Macklin proposed a framework for ethical analysis and used facts to address ethical questions. Weinstein provided another ethical framework, to analyze whether pharmacists have a right to refuse to provide abortifacient drugs. Buc approached the subject from a legal point of view and concluded that, whereas legal problems

  12. [Scientific ethics and the use of human material or data].

    Science.gov (United States)

    Valenzuela, Carlos Y

    2012-03-01

    A scientific article censured by superposing obstacles to its reading remembers the censure of Galileo made by the Inquisition. The censure followed the failure to obtain the informed consent (IC) to disclose results of old samples. At present, the use of collected data or samples for a new research needs a new IC, in most ethical protocols. The Helsinki Code allows the research ethics committees the authorization for the use of that information. This norm is founded rather in commercial, legal or protective arguments than in ethical bases. This article criticizes this norm from the Scientific Ethics viewpoint because: i) the ownership of the genome and environment that originate a person is not of such person but of the human society and Homo sapiens species, ii) a person is not the unique owner of that information; laboratories, institutions, health services and research teams add constituents to it, iii) several violations to this norm occurring in medical, labor, legal and social practice show it as biased against science, iv) if this stored information and its use are beneficial for humankind (its proper owner) it is ethically obligatory to use it. It is proposed to create an anonymous World Bank for Human Information with open access and universal transparency. This universal collection of data handled under universal accepted ethical norms should prevent exclusive private use of public information, non-publication of negative results, illicit and unethical use of human data.

  13. [The 14/2006 law on human assisted reproduction techniques: scientific and ethical considerations].

    Science.gov (United States)

    Lacadena, Juan-Ramón

    2006-01-01

    The new Spanish Law on Artificial Human Reproduction Techniques is analyzed from the scientific, ethical and legal points of view, paying special attention to the preimplantational diagnosis and the experimental utilization of gametes and preembryos. Other items are also analyzed.

  14. Ethical and legal challenges in bioenergy governance

    DEFF Research Database (Denmark)

    Gamborg, Christian; Anker, Helle Tegner; Sandøe, Peter

    2014-01-01

    of regulatory measures and options). We present ethical and legal analyses of the current stalemate on bioenergy governance in the EU using two illustrative cases: liquid biofuels for transport and solid biomass-based bioenergy. The two cases disclose some similarities between these two factors......, but the remaining differences may partly explain, or justify, contrasting forms of governance. While there seems to be no easy way in which the EU and national governments can deal with the multiple sustainability issues raised by bioenergy, it is argued that failure to deal explicitly with the underlying value...... disagreements, or to make apparent the regulatory complexity, clouds the issue of how to move forward with governance of bioenergy. We suggest that governance should be shaped with greater focus on the role of value disagreements and regulatory complexity. There is a need for more openness and transparency...

  15. Implications of the ethical-legal framework for adolescent HIV ...

    African Journals Online (AJOL)

    Nicky

    Fourthly, the institutional framework for establishing research priorities and regulation of ethical review is being strengthened with the establishment of new institutions such as the National. Health Research Ethics Committee. The South African ethical-legal framework and its implications for adolescent HIV vaccine trials ...

  16. Ethical virtues in scientific research.

    Science.gov (United States)

    Resnik, David B

    2012-01-01

    Most approaches to promoting integrity in research are principle-based in that they portray ethical conduct as consisting of adherence to ethical rules, duties, or responsibilities. Bruce MacFarlane has recently criticized the principle-based approach to promoting integrity in research and offered a virtue-based alternative. MacFarlane argues that principle-based approaches do not provide adequate guidance for ethical decision-making and are not very useful in moral education. In this article, I examine and critique MacFarlane's defense of the virtue-based approach. I argue that virtue-based and principle-based approaches to ethics are complementary and that they both can help promote research integrity.

  17. [Scientific ethics of human cloning].

    Science.gov (United States)

    Valenzuela, Carlos Y

    2005-01-01

    True cloning is fission, budding or other types of asexual reproduction. In humans it occurs in monozygote twinning. This type of cloning is ethically and religiously good. Human cloning can be performed by twinning (TWClo) or nuclear transfer (NTClo). Both methods need a zygote or a nuclear transferred cell, obtained in vitro (IVTec). They are under the IVTec ethics. IVTecs use humans (zygotes, embryos) as drugs or things; increase the risk of malformations; increase development and size of abnormalities and may cause long-term changes. Cloning for preserving extinct (or almost extinct) animals or humans when sexual reproduction is not possible is ethically valid. The previous selection of a phenotype in human cloning violates some ethical principles. NTClo for reproductive or therapeutic purposes is dangerous since it increases the risk for nucleotide or chromosome mutations, de-programming or re-programming errors, aging or malignancy of the embryo cells thus obtained.

  18. Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

    OpenAIRE

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-01-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the e...

  19. Women, children and advertising - legal and ethical aspects

    OpenAIRE

    Stejskalová, Radka

    2012-01-01

    The thesis titled "Women, children and advertising - legal and ethical aspects" deals with the portrayal of women and children in advertising. The aim of the thesis is to analyze advertising with a focus on the portrayal of women and children present to Arbitration Committee in the reporting period and propose recommendations for the future. The work also deals with the importance of legal and ethical rules that regulate advertising and focuses on content regulation of women and children.

  20. ETHICAL AND LEGAL ASPECTS OF FUNCTIONING OF ETHIC COMMITTEES IN BULGARIA

    Directory of Open Access Journals (Sweden)

    Mariela Deliverska

    2017-06-01

    Full Text Available Scientific research has to be based on ethical standards that promote the protection of human rights. On a national level, the domestic legislation of the Republic of Bulgaria foresees a procedure for obtaining an opinion from the Ethics Committee for Multicentre Trials in order to introduce a substantial change in a clinical trial and non-interventional study. The procedure aims to evaluate the compliance of the planned clinical trial with the norms of good clinical practice, the requirements of the Medicinal Products in Human Medicine Act. On European Union level, standards have been set down in Regulation (EC No. 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use. The licensing regime that has been introduced on a national level requires the performance of documentation evaluation that addresses a major change in a clinical trial and non-interventional research. Legal definitions of the terms "principal investigator" and "coordinating investigator" have been introduced. The "principal investigator" is the medical doctor or the dentist, designated by the sponsor, who leads the overall execution of the clinical trial in accordance with the approved protocol and good clinical practice guidelines and is responsible for the researchers. The "coordinating researcher" is a researcher appointed to coordinate researchers from different centres participating in a multicentre trial. Ethic committees performing review have to provide independent advice on the extent to which a biomedical research proposal complies with recognized ethical standards. Scientific research must necessarily conform to commonly accepted scientific principles and be based on thorough knowledge of scientific literature and other relevant sources of information.

  1. Radiation protection. Scientific fundamentals, legal regulations, practical applications. Compendium

    International Nuclear Information System (INIS)

    Buchert, Guido; Gay, Juergen; Kirchner, Gerald; Michel, Rolf; Niggemann, Guenter; Schumann, Joerg; Wust, Peter; Jaehnert, Susanne; Strilek, Ralf; Martini, Ekkehard

    2011-06-01

    The compendium on radiation protection, scientific fundamentals, legal regulations and practical applications includes contributions to the following issues: (1) Effects and risk of ionizing radiation: fundamentals on effects and risk of ionizing radiation, news in radiation biology, advantages and disadvantages of screening investigations; (2) trends and legal regulations concerning radiation protection: development of European and national radiation protection laws, new regulations concerning X-rays, culture and ethics of radiation protection; (3) dosimetry and radiation measuring techniques: personal scanning using GHz radiation, new ''dose characteristics'' in practice, measuring techniques for the nuclear danger prevention and emergency hazard control; (4) radiation exposure in medicine: radiation exposure of modern medical techniques, heavy ion radiotherapy, deterministic and stochastic risks of the high-conformal photon radiotherapy, STEMO project - mobile CT for apoplectic stroke patients; (5) radiation exposure in technology: legal control of high-level radioactive sources, technical and public safety using enclosed radioactive sources for materials testing, radiation exposure in aviation, radon in Bavaria, NPP Fukushima-Daiichi - a status report; (6) radiation exposure in nuclear engineering: The Chernobyl accident - historical experiences or sustaining problem? European standards for radioactive waste disposal, radioactive material disposal in Germany risk assessment of ionizing and non-ionizing radiation (7) Case studies.

  2. Organ Transplantation: Legal, Ethical and Islamic Perspective in ...

    African Journals Online (AJOL)

    2012-08-11

    Aug 11, 2012 ... KEYWORDS: Ethical, Islamic perspective, legal, Nigeria, .... preservation solution and then placed in two plastic bags and stored at 0-4°C. Samples of donor spleen and ..... transplants: Ethical, social and religious issues in a multi cultural society. Asia Pac J .... Submit good quality color images. Each image ...

  3. Implications of the ethical-legal framework for adolescent HIV ...

    African Journals Online (AJOL)

    The ethical-legal framework in South Africa is in a period of transition, with a number of new developments changing the substantive principles and procedures for health research in the country. Some of the changing dynamics include both law reform and the review of ethical guidelines. This changing environment poses ...

  4. Cyberspace in the Curricula: New Legal and Ethical Issues.

    Science.gov (United States)

    Smethers, J. Steven

    1998-01-01

    Finds that most journalism and mass communication programs integrate legal and ethical issues surrounding cyberspace and interactive media into existing courses, especially into ethics and communication law courses, but also into introductory survey courses, communication technology, and reporting classes. Details reasons why some programs do not…

  5. Ethical conduct for research : a code of scientific ethics

    Science.gov (United States)

    Marcia Patton-Mallory; Kathleen Franzreb; Charles Carll; Richard Cline

    2000-01-01

    The USDA Forest Service recently developed and adopted a code of ethical conduct for scientific research and development. The code addresses issues related to research misconduct, such as fabrication, falsification, or plagiarism in proposing, performing, or reviewing research or in reporting research results, as well as issues related to professional misconduct, such...

  6. Legal and ethical issues arising with preimplantation human embryos.

    Science.gov (United States)

    Robertson, J A

    1992-04-01

    The development of in vitro fertilization has led to ethical and legal controversies concerning actions with externalized preembryos. A legal and ethical consensus is emerging that preembryos are not legal persons or moral subjects, although they are owed special respect because of their ability to implant and come to term. In addition, gamete providers are recognized as having dispositional authority over whether preembryos will be created, cryopreserved, placed in a uterus, discarded, donated, or used in research. Prior agreements over preembryo disposition are the best way to minimize disputes between the gamete providers.

  7. HIV vaccine research--South Africa's ethical-legal framework and its ability to promote the welfare of trial participants.

    Science.gov (United States)

    Strode, Ann; Slack, Catherine; Mushariwa, Muriel

    2005-08-01

    An effective ethical-legal framework for the conduct of research is critical. We describe five essential components of such a system, review the extent to which these components have been realised in South Africa, present brief implications for the ethical conduct of clinical trials of HIV vaccines in South Africa and make recommendations. The components of an effective ethical-legal system that we propose are the existence of scientific ethical and policy-making structures that regulate research; research ethics committees (RECs) that ethically review research; national ethical guidelines and standards; laws protecting research participants; and mechanisms to enforce and monitor legal rights and ethical standards. We conclude that the ethical-legal framework has, for the most part, the necessary institutions, and certain necessary guidelines but does not have many of the laws needed to protect and promote the rights of persons participating in research, including HIV vaccine trials. Recommendations made include advocacy measures to finalise and implement legislation, development of regulations, analysis and comparison of ethical guidelines, and the development of measures to monitor ethical-legal rights at trial sites.

  8. Legal and ethical issues regarding social media and pharmacy education.

    Science.gov (United States)

    Cain, Jeff; Fink, Joseph L

    2010-12-15

    Widespread use of social media applications like Facebook, YouTube, and Twitter has introduced new complexities to the legal and ethical environment of higher education. Social communications have traditionally been considered private; however, now that much of this information is published online to the public, more insight is available to students' attitudes, opinions, and character. Pharmacy educators and administrators may struggle with the myriad of ethical and legal issues pertaining to social media communications and relationships with and among students. This article seeks to clarify some of these issues with a review of the legal facets and pertinent court cases related to social media. In addition, 5 core ethical issues are identified and discussed. The article concludes with recommendations for pharmacy educators with regard to preparing for and addressing potential legal issues pertaining to social media.

  9. [The beginning of human life: ethical and legal perspectives in the context of biotechnological progress].

    Science.gov (United States)

    Barretto, Vicente de Paulo; Lauxen, Elis Cristina Uhry

    2017-07-13

    Questions concerning the beginning of human life have pervaded society since antiquity. In the post-modern world, scientific and technological advances have fueled discussions on the issue, such that debates previously concentrated on abortion now also focus on biotechnological interventions. The article addresses the latter, reflecting on the extent to which human dignity can be considered a (hermeneutic) reference in establishing ethical and legal parameters for biotechnological advances in the definition of the beginning of human life. The study's method was critical hermeneutic ethics, with ethics at the center of the process of understanding and interpretation, observing the contours of facticity. No consensus was found on the beginning of human life, so it is essential to engage in dialogue with the new reality resulting from biotechnological advances in the process of defining ethical and legal principles for protecting the embryo and human nature, with human dignity as the reference.

  10. Neurogenetics in Peru: clinical, scientific and ethical perspectives.

    Science.gov (United States)

    Cornejo-Olivas, Mario; Espinoza-Huertas, Keren; Velit-Salazar, Mario R; Veliz-Otani, Diego; Tirado-Hurtado, Indira; Inca-Martinez, Miguel; Silva-Paredes, Gustavo; Milla-Neyra, Karina; Marca, Victoria; Ortega, Olimpio; Mazzetti, Pilar

    2015-07-01

    Neurogenetics, the science that studies the genetic basis of the development and function of the nervous system, is a discipline of recent development in Peru, an emerging Latin American country. Herein, we review the clinical, scientific and ethical aspects regarding the development of this discipline, starting with the first molecular diagnosis of neurogenetic diseases, to family and population-based genetic association studies. Neurogenetics in Peru aims to better explain the epidemiology of monogenic and complex neurodegenerative disorders that will help in implementing public health policies for these disorders. The characterization of Peru and its health system, legal issues regarding rare diseases and the historical milestones in neurogenetics are also discussed.

  11. Limits Legal Ethics of Biotechnology in XXI Century

    Directory of Open Access Journals (Sweden)

    Melissa Cabrini Morgato

    2016-06-01

    Full Text Available The present paper discusses the ethical and legal consequences of developments in biotechnological science, with a focus on the field of genetic engineering. We classify situations originating from developments in biotechnological science depending on their ethical and legal justification, based on Habermas’ reflections in his work “The future of human nature”, and differentiate between negative eugenics, representing ethically and legally justified situations, given their therapeutic potential of bringing benefits to human beings; and positive eugenics, describing situations, which are not justified by Ethics and Law, since they represent risks for the ethical self-understanding of the human species and are also incompatible with the imperative nature of human life protection, which is struc- tured by the Ibero-American constitutional states. We conclude that all moral judgments must follow the principle of human dignity as a major guideline, because the prevention of harmful practices against human beings requires, apart from legal and ethical rules, the responsibility to exclusively employ technologies for therapeutic purposes and to impede that the consumer society and its by-products completely artificialize the human nature.

  12. National scientific literature on nursing ethics: a systematic Review

    Directory of Open Access Journals (Sweden)

    Ilka Nicéia D’Aquino Oliveira Teixeira

    2010-03-01

    Full Text Available Objective: To identify the most prevalent nursing ethical issues published in scientific Brazilian journals. Methods: A systematic literature review with the following inclusion criteria: (1 articles on Nursing Ethics written in Portuguese, English, French, and Spanish; (2 published in Brazilian journals; (3 in the period from January 1997 to February 2009. The search was carried out in four databases BDENF, LILACS, MEDLINE, and SCIELO. The key-words were ethics AND nursing. The selected studies were classified into categories. The content of the articles were analyzed using the Collective Subject Discourse. The categories generated discourses by organizing the main excerpts from the abstracts of the selected studies, which are the “key expressions”. Results: A hundred and thirty three articles that met the inclusion criteria were classified into eight categories: 1. Nursing Care; 2. Dilemmas and Controversies; 3. Education; 4. Legal Aspects; 5. Research; 6. Management; 7. Values and Beliefs; 8. Perspectives and Health Policies. The category “Nursing Care” prevailed in 36% of the selected articles, and it was classified into six subcategories. “Dilemmas and Controversies” was the second most prevalent category (15%. Conclusion: The number of theoretical papers on ethical issues is high, but there is little research on the ethical experiences in nursing practice.

  13. Ethical and legal challenges associated with disaster nursing.

    Science.gov (United States)

    Aliakbari, Fatemeh; Hammad, Karen; Bahrami, Masoud; Aein, Fereshteh

    2015-06-01

    In disaster situations, nurses may face new and unfamiliar ethical and legal challenges not common in their everyday practice. The aim of this study was to explore Iranian nurses' experience of disaster response and their perception of the competencies required by nurses in this environment. This article discusses the findings of a descriptive study conducted in Iran in 2012. This research was conducted in Iran in 2012. Participants included 35 nurses who had experience in healthcare delivery following a disaster event in the past 10 years, either in a hospital or out-of-hospital context. This research study was approved by the Ethics Committee of the Isfahan University of Medical Sciences. From this study, five themes emerged as areas that nurses require competence in to work effectively in the disaster setting. This article focusses on one theme, the ethical and legal issues that arise during disaster response. Within the theme of ethical and legal issues, two sub-themes emerged. (1) Professional ethics explores professional responsibility of nurses as well as sense of ethical obligation. (2) Adherence to law refers to nurses' familiarity with and observation of legal requirements. This article adds to a growing pool of literature which explores the role of nurses in disasters. The findings of this study emphasize the need for nurses working in the disaster setting to be aware of professional responsibilities and familiar with legal requirements and the challenges related to observing ethical responsibilities. In highlighting these issues, this article may provide a useful starting point for the development of an educational framework for preparing nurses and other health professionals to work in the disaster setting. © The Author(s) 2014.

  14. Ethical and legal issues in aesthetic surgery

    Directory of Open Access Journals (Sweden)

    Suresh Gupta

    2012-01-01

    Full Text Available Rapid growth and expansion of plastic surgery in general and aesthetic surgery in particular in the past decade has brought in its wake some confusions particularly raising questions for the surgeons conduct towards his colleagues and the patients in the light of ethical requirements. Some thoughts from eminent thinkers form a backdrop to consideration of theories of medical ethics. In this article raging and continuous debates on these subjects have been avoided to maintain the momentum. Apart from the western thoughts, directions from our old scriptures on ethical conduct have been included to accommodate prevelant Indian practices. The confusion created by specialists advertising their abilities directly to the lay public following removal of ethical bars by the American Courts as also latitudes allowed by the General Medical Council of Great Britain have been discussed. The medical fraternity however has its reservations. Unnecessary skirmishes with the law arose in cosmetic surgery from the freedom exercised by the police to file criminal proceedings against attending doctors in the event of a patient′s death with or without any evidence of wrong doing. This has now been curtailed in the judgement of the Supreme Court of India[1] where norms have been laid down for such prosecution. This has helped doctors to function without fear of harassment. An effort has been made to state a simple day-to-day routine for an ethical doctor-patient relationship.

  15. Legal and ethical issues in safe blood transfusion

    Directory of Open Access Journals (Sweden)

    Shivaram Chandrashekar

    2014-01-01

    Full Text Available Legal issues play a vital role in providing a framework for the Indian blood transfusion service (BTS, while ethical issues pave the way for quality. Despite licensing of all blood banks, failure to revamp the Drugs and Cosmetic Act (D and C Act is impeding quality. Newer techniques like chemiluminescence or nucleic acid testing (NAT find no mention in the D and C Act. Specialised products like pooled platelet concentrates or modified whole blood, therapeutic procedures like erythropheresis, plasma exchange, stem cell collection and processing technologies like leukoreduction and irradiation are not a part of the D and C Act. A highly fragmented BTS comprising of over 2500 blood banks, coupled with a slow and tedious process of dual licensing (state and centre is a hindrance to smooth functioning of blood banks. Small size of blood banks compromises blood safety. New blood banks are opened in India by hospitals to meet requirements of insurance providers or by medical colleges as this a Medical Council of India (MCI requirement. Hospital based blood banks opt for replacement donation as they are barred by law from holding camps. Demand for fresh blood, lack of components, and lack of guidelines for safe transfusion leads to continued abuse of blood. Differential pricing of blood components is difficult to explain scientifically or ethically. Accreditation of blood banks along with establishment of regional testing centres could pave the way to blood safety. National Aids Control Organisation (NACO and National Blood Transfusion Council (NBTC deserve a more proactive role in the licensing process. The Food and Drug Administration (FDA needs to clarify that procedures or tests meant for enhancement of blood safety are not illegal.

  16. Teamwork and the legal and ethical responsibility of the anaesthetist.

    NARCIS (Netherlands)

    Booij, L.H.D.J.; Leeuwen, E. van

    2008-01-01

    PURPOSE OF REVIEW: Anaesthetists are members of the operating team. Although the surgeons usually consider themselves to be the leaders of the team, all members, including the anaesthetist, have their own legal, ethical and professional responsibilities. RECENT FINDINGS: Good communication and

  17. Social Media and Professional School Counselors: Ethical and Legal Considerations

    Science.gov (United States)

    Mullen, Patrick R.; Griffith, Catherine; Greene, Jennifer H.; Lambie, Glenn W.

    2014-01-01

    The use of social media continues to expand in prevalence and is a medium of communication for individuals of all ages. Schools are using social media to engage their stakeholders at increasing rates. Therefore, school counselors require the knowledge and appreciation of ethical and legal issues regarding the use of such technology. The purpose of…

  18. School Psychology in Rural Contexts: Ethical, Professional, and Legal Issues

    Science.gov (United States)

    Edwards, Lynn M.; Sullivan, Amanda L.

    2014-01-01

    Delivering psychological services in rural communities presents a number of unique challenges for practitioners relative to their peers in urban and suburban communities. In this article, the authors describe the current context of rural schools and examine the ethical and legal issues school psychologists may face when practicing in rural…

  19. Ethical and medico-legal aspects of dementia | Potocnik ...

    African Journals Online (AJOL)

    Ethical and medico-legal aspects of dementia. FCV Potocnik. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

  20. Medical safety in boxing: administrative, ethical, legislative, and legal considerations.

    Science.gov (United States)

    Schwartz, Michael B

    2009-10-01

    The roles and responsibilities of the ringside physician are complex and have evolved into a unique specialty in sport medicine. In addition to the medical aspects of ringside medicine, the doctor is now responsible for many administrative, ethical, and legal considerations. This article reviews and details the numerous roles the ringside physician plays in the sport of boxing.

  1. The Terri Schiavo case: legal, ethical, and medical perspectives.

    Science.gov (United States)

    Perry, Joshua E; Churchill, Larry R; Kirshner, Howard S

    2005-11-15

    Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care. First, the authors review the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Second, they examine the legal history, including the 2000 trial, the 2002 evidentiary hearing, and the subsequent appeals. The authors argue that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history. Third, they review alternative ethical frameworks for understanding the Terri Schiavo case and contend that the principle of respect for autonomy is paramount in this case and in similar cases. Far from being unusual, the manner in which Terri Schiavo's case was reviewed and the basis for the decision reflect a broad medical, legal, and ethical consensus. Greater clarity regarding the persistent vegetative state, less apprehension of the presumed mysteries of legal proceedings, and greater appreciation of the ethical principles at work are the chief benefits obtained from studying this provocative case.

  2. Sexual harassment in the medical profession: legal and ethical responsibilities.

    Science.gov (United States)

    Mathews, Ben; Bismark, Marie M

    2015-08-17

    Sexual harassment of women in medicine has become a subject of national debate after a senior female surgeon stated that if a woman complained of unwanted advances her career would be jeopardised, and subsequent reports suggest that sexual harassment is a serious problem in the medical profession. Sexual harassment of women in the medical profession by their colleagues presents substantial legal, ethical and cultural questions for the profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and employers face significant legal consequences for sexual harassment in every Australian state and territory, and individual medical practitioners and employers need to understand their legal and ethical rights and responsibilities in this context. An individual offender may be personally liable for criminal offences, and for breaching anti-discrimination legislation, duties owed in civil law, professional standards and codes of conduct. An employer may be liable for breaching anti-discrimination legislation, workplace safety laws, duties owed in contract law, and a duty of care owed to the employee. Employers, professional colleges and associations, and regulators should use this national debate as an opportunity to improve gender equality and professional culture in medicine; individuals and employers have clear legal and ethical obligations to minimise sexual harassment to the greatest extent possible.

  3. Legal and legal-ethical aspects of risk assessment

    International Nuclear Information System (INIS)

    Seiler, H.

    1991-01-01

    The article examines why human beings accept risks. An assessment of risk is always carried out in connection with the benefits to be had from an action which is a potential risk. Decisions on the acceptability of risks are the consequence of political assessments. An assessment of risk on a legal basis is only possible to a limited degree. What is important are the criteria according to which the acceptability of risks is determined. In this context, the concept of damage proves itself to be of central importance; this concept includes the question as to the degree to which such damage can be tolerated socially and politically, the question of future damage as well as the degree to which such damage is reversible. It would be ideal if those persons who are affected by potential damage were to be the ones to make such decisions, but this is extremely difficult to put into practice. Special care must be taken in regard to decisions which have repercussions for future generations or for the state of nature. In this case, the decision which those persons who are potentially affected would most probably make must be anticipated and taken into account as if they were here to participate in the decision-making process. (orig./HSCH) [de

  4. Ethical Issues of Reproductive Technologies: Legal and Ethical.

    Science.gov (United States)

    Kammler, Kim

    Ethical issues which surround the reproductive technologies being used to assist infertile couples include social impact, surrogacy, access to service and confidentiality. The use of reproductive technologies does not appear to cause harm, and often does a lot of good for the family and society. Surrogacy could be a valuable tool for the infertile…

  5. Military Policy toward Homosexuals: Scientific, Historic, and Legal Perspectives

    National Research Council Canada - National Science Library

    Davis, Jeffrey S

    1990-01-01

    This thesis examines military policy toward homosexuals. Scientific, historic, and legal perspectives are reviewed as they relate to current policy and the distinction between homosexual acts and homosexual status...

  6. Ethical and legal issues related to the donation and use of nonstandard organs for transplants.

    Science.gov (United States)

    Cronin, Antonia J

    2013-12-01

    Transplantation of nonstandard or expanded criteria donor organs creates several potential ethical and legal problems in terms of consent and liability, and new challenges for research and service development; it highlights the need for a system of organ donation that responds to an evolving ethical landscape and incorporates scientific innovation to meet the needs of recipients, but which also safeguards the interests and autonomy of the donor. In this article, the use of deceased donor organs for transplants that fail to meet standard donor criteria and the legitimacy of interventions and research aimed at optimizing their successful donation are discussed. Copyright © 2013. Published by Elsevier Inc.

  7. Mitochondrial transfer: Ethical legal and social implications in assisted reproduction

    Directory of Open Access Journals (Sweden)

    Alexandra Reznichenko

    2015-09-01

    Full Text Available Diseases resulting from mutations in mitochondrial DNA (mtDNA are inherited by all offspring through the maternal lineage. Multiple organs, which require high cellular energy production, are severely affected. Currently, no preventative treatments are available, with most patients experiencing a poor quality of life or death in childhood. With developments in mitochondrial transfer techniques, hope for preventing transmission of mutated mtDNA onto offspring is emerging. However, many ethical issues have been raised in the health and public sectors regarding these novel treatment options, which involve transfer of nuclear material into donated oocytes with healthy mitochondria, or introduction of healthy donor mitochondria into affected oocytes. Several methods have been explored – blastomere, ooplasmic, pronuclear and spindle transfer. The two latter techniques seem to be the most viable thus far. The primary ethical concerns of these novel technologies are related to (a the alteration of germ line genetics and (b the dilemma of children inheriting DNA material from three instead of two parents. In contrast to the widely accepted practice of gene therapy, where only the DNA of the treated individual is affected, the techniques in question involve introduction of foreign mtDNA into the germ line that will be inherited by all children in downstream generations. Mitochondrial transfer has also been closely associated with reproductive cloning, which is regulated differently worldwide. It has also been suggested that mtDNA transfer will cause psychosocial problems for children born from these techniques, as they might experience an identity crisis. Undeniably, three gametes are needed to produce a healthy embryo in this scenario. However, the child will inherit all nuclear DNA from the intending parents, while only inheriting mtDNA from the donor. It is imperative to consider both social and scientific values when introducing new healthcare

  8. Medicine beyond borders: the legal and ethical challenges.

    Science.gov (United States)

    Kassim, Puteri Nemie J

    2009-09-01

    The ease and affordability of international travel has contributed to the rapid growth of the healthcare industry where people from all around the world are traveling to other countries to obtain medical, dental, and surgical care while at the same time touring, vacationing and fully experiencing the attractions of the countries that they are visiting. A combination of many factors has led to the recent increase in popularity of medical tourism such as exorbitant costs of healthcare in industrialized nations, favorable currency exchange rates in the global economy, rapidly improving technology in many countries of the world and most importantly proven safety of healthcare in selected foreign nations. Nevertheless, the development of medical tourism has certainly awakened many ethical and legal issues, which must be addressed. Issues pertaining to malpractice, consumer protection, organ trafficking, alternative medicine and telemedicine need comprehensive legal regulatory framework to govern them. Ethical issues are also been raised by the promotion of medical tourism in particular those pertaining to doctor and patient relationship. A future, where medical law is subsumed into various legal and ethical dimensions, poses serious challenges for the practice and ethics of medicine.

  9. Retrospective research: What are the ethical and legal requirements?

    Science.gov (United States)

    Junod, V; Elger, B

    2010-07-25

    Retrospective research is conducted on already available data and/or biologic material. Whether such research requires that patients specifically consent to the use of "their" data continues to stir controversy. From a legal and ethical point of view, it depends on several factors. The main criteria to be considered are whether the data or the sample is anonymous, whether the researcher is the one who collected it and whether the patient was told of the possible research use. In Switzerland, several laws delineate the procedure to be followed. The definition of "anonymous" is open to some interpretation. In addition, it is debatable whether consent waivers that are legally admissible for data extend to research involving human biological samples. In a few years, a new Swiss federal law on human research could clarify the regulatory landscape. Meanwhile, hospital-internal guidelines may impose stricter conditions than required by federal or cantonal law. Conversely, Swiss and European ethical texts may suggest greater flexibility and call for a looser interpretation of existing laws. The present article provides an overview of the issues for physicians, scientists, ethics committee members and policy makers involved in retrospective research in Switzerland. It aims at provoking more open discussions of the regulatory problems and possible future legal and ethical solutions.

  10. [Abortion: legal, deontological and ethical framework].

    Science.gov (United States)

    Canário, Catarina; Figueiredo, Bárbara; Ricou, Miguel

    2011-12-01

    Pregnancy interruption before fetal viability limit is inherent to a multidisciplinary reflection, due to the conflicts involved. Portuguese laws have been altered along time in the way of women's health protection, allowing the needed information and support towards a free, informed and enlightened decision. Deontological determinants about health professionals towards abortion indicate the practice accordingly the law. Nevertheless, it is safeguarded their right to consciousness objection. Ethical discussion about abortion, in its different ways, includes the concern about the value of intrauterine human life, and also the respect for individual autonomy. Even though the debate about intrauterine human life moral status is viewed from different theories and points of view, it is concluded that different perspectives about this matter are acceptable, in an interpersonal diversity valorization point of view.

  11. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  12. Ethics and medico legal aspects of "Not for Resuscitation"

    Directory of Open Access Journals (Sweden)

    Naveen Sulakshan Salins

    2010-01-01

    Full Text Available Not for resuscitation in India still remains an abstract concept with no clear guidelines or legal frame work. Cardiopulmonary resuscitation is a complex medical intervention which is often used inappropriately in hospitalized patients and usually guided by medical decision making rather than patient-directed choices. Patient autonomy still remains a weak concept and relatives are expected to make this big decision in a short time and at a time of great emotional distress. This article outlines concepts around ethics and medico legal aspects of not for resuscitation, especially in Indian setting.

  13. Physician Encounters with Human Trafficking: Legal Consequences and Ethical Considerations.

    Science.gov (United States)

    Todres, Jonathan

    2017-01-01

    There is growing recognition and evidence that health care professionals regularly encounter-though they may not identify-victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case scenario: criminal law, with a focus on conspiracy; service provider regulations, with a focus on mandatory reporting laws; and human rights law. In addition to imposing a legal mandate, the law can inform ethical considerations about how health care professionals should respond to human trafficking. © 2017 American Medical Association. All Rights Reserved.

  14. Medical confidentiality versus disclosure: Ethical and legal dilemmas.

    LENUS (Irish Health Repository)

    Agyapong, V I O

    2009-02-01

    A case is described of a fifty year old single man who made disclosures about criminal sexual practices during a psychiatric assessment. In common practice with other professional men, a doctor is under a duty not to disclose, without the consent of his patient, information which he has gained in his professional capacity other than in exceptional circumstances. We discuss the ethical and legal considerations surrounding issues of medical confidentiality and the dilemma that sometimes face clinicians, when they feel obliged, in the public interest, to disclose information they have gained in confidence. Breach of confidences can have deleterious consequences; particularly for the doctor-patient relationship, but failure to disclose in some situations could have serious implications for the well-being of the wider society. Doctors should be aware of the basic principles of confidentiality and the ethical and legal framework around which they are built.

  15. Epigenetics and Child Psychiatry: Ethical and Legal Issues.

    Science.gov (United States)

    Thomas, Christopher R

    2015-10-01

    Epigenetics has the potential to revolutionize diagnosis and treatment in psychiatry, especially child psychiatry, as it may offer the opportunity for early detection and prevention, as well as development of new treatments. As with the previous introduction of genetic research in psychiatry, there is also the problem of unrealistic expectations and new legal and ethical problems. This article reviews the potential contributions and problems of epigenetic research in child psychiatry. Previous legal and ethical issues in genetic research serve as a guide to those in epigenetic research. Recommendations for safeguards and guidelines on the use of epigenetics with children and adolescents are outlined based on the identified issues. Copyright © 2015 John Wiley & Sons, Ltd.

  16. Resolving legal, ethical, and human rights challenges in HIV vaccine research.

    Science.gov (United States)

    Patterson, D

    2000-01-01

    In the absence of a cure for AIDS, attention has turned to the possibility of developing a preventive vaccine for HIV infection. Yet many scientific, ethical, legal, and economic obstacles remain. At the current rate, the development and production of an effective vaccine could take 15 to 20 years or longer. If tens of millions more HIV infections and deaths are to be avoided in the coming decades, vaccine research needs to be greatly expedited. Furthermore, it must be undertaken ethically, and the products of this research must benefit people in developing countries. This article, an edited and updated version of a paper presented at "Putting Third First," addresses challenges arising in HIV preventive vaccine research in developing countries. It does not address clinical research in developing countries relating to treatments or therapeutic vaccines. Nor does it address legal and ethical issues relating to HIV vaccine research in industrialized countries, although similar issues arise in both contexts. The article concludes that while ethical codes are silent on the obligation to undertake research and development, international law provides strong legal obligations--particularly with regard to industrialized states--that should be invoked to accelerate HIV vaccine development, and distribution.

  17. Physician Encounters with Human Trafficking: Legal Consequences and Ethical Considerations

    OpenAIRE

    Todres, Jonathan

    2017-01-01

    There is growing recognition and evidence that health care professionals regularly encounter - though they may not identify - victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case...

  18. Ethical and legal consideration of prisoner's hunger strike in Serbia.

    Science.gov (United States)

    Alempijevic, Djordje; Pavlekic, Snezana; Jecmenica, Dragan; Nedeljkov, Aleksandra; Jankovic, Milos

    2011-03-01

    Hunger strike of prisoners and detainees remains a major human rights and ethical issue for medical professionals. We are reporting on a case of a 48-year-old male sentenced prisoner, intravenous heroin user, who went on a hunger strike and died 15 days later. Throughout the fasting period, the prisoner, who was capable of decision making, refused any medical examination. Autopsy findings were not supporting prolonged starvation, while toxicology revealed benzodiazepines and opiates in blood and urine. Cause of death was given as "heroin intoxication" in keeping with detection of 6-MAM. Legal and ethical issues pertinent to medical examination and treatment of prisoners on hunger strike are explored in accordance with legislation and professional ethical standards in Serbia. A recommendation for the best autopsy practice in deaths following hunger strike has been made. © 2011 American Academy of Forensic Sciences.

  19. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

  20. Federal Agency Scientific Integrity Policies and the Legal Landscape

    Science.gov (United States)

    Kurtz, L.

    2017-12-01

    Federal agencies have worked to develop scientific integrity policies to promote the use of scientific and technical information in policymaking, reduce special-interest influences, and increase transparency. Following recent allegations of agency misconduct, these policies are now more important than ever. In addition to setting standards, scientific integrity policies also provide avenues for whistleblowers to complain about perceived violations. While these policies have their shortcomings (which may differ by agency), they are also one of the better available options for upholding principles of scientific integrity within the federal government. A legal perspective will be offered on what sorts of issues might rise to the threshold to make an official complaint, and the process of actually making a complaint. Other legal avenues for complaining about scientific integrity violations will also be discussed, such as complaints filed with the U.S. Office of Special Counsel or an agency's Office of Inspector General, and bringing the matter to federal court.

  1. Towards a European code of medical ethics. Ethical and legal issues.

    Science.gov (United States)

    Patuzzo, Sara; Pulice, Elisabetta

    2017-01-01

    The feasibility of a common European code of medical ethics is discussed, with consideration and evaluation of the difficulties such a project is going to face, from both the legal and ethical points of view. On the one hand, the analysis will underline the limits of a common European code of medical ethics as an instrument for harmonising national professional rules in the European context; on the other hand, we will highlight some of the potentials of this project, which could be increased and strengthened through a proper rulemaking process and through adequate and careful choice of content. We will also stress specific elements and devices that should be taken into consideration during the establishment of the code, from both procedural and content perspectives. Regarding methodological issues, the limits and potentialities of a common European code of medical ethics will be analysed from an ethical point of view and then from a legal perspective. The aim of this paper is to clarify the framework for the potential but controversial role of the code in the European context, showing the difficulties in enforcing and harmonising national ethical rules into a European code of medical ethics. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  2. Tissue banking in Hungary: legal, ethical and technical frame

    International Nuclear Information System (INIS)

    Pellet, S.; Ternesi, A.

    1999-01-01

    Hungary is a small country in the middle of Europe with a population of 10 million. Many religions are represented in the country but the majority of the population is Christian. The Hungarian medical education and practice based on the 'German School' and the modem medicine has been started more than 200 years ago. At the same time some of the medical school have been established first in Nagyszombat and the school for surgery in Kolozsyar, later in Debrecen 80 years ago. Recently we have four medical faculties. From the beginning of implementation of modern medicine many efforts were taken to establish the relevant legal frame and ethical rules to help and make understandable and acceptable for the society of various medical interventions. The previous mentioned structure was before and presently conformed with the political and social structure of the country. The initial of tissue for transplantation in medicine was widely accepted by medical fraternity since the middle of the century. Recently tissue grafts are performed daily is in burn, reconstructive surgery, in bone and nerve surgery, unfortunately we use commercial products in heart surgery. At the initial phase of our tissue banking activity, we first followed the American Association Tissue Banking procedures based on our personal contact with leading US Tissue Bank and the American Association of Tissue Banks. Later after joining the Europe Association of Tissue Bank we played an active role in the establishing of the Europe recommendations related to legal, ethical and technical rules of tissue banking. In this presentation the legal frame and the recent ethical concept for tissue donation as well as the technical possibilities and the donor recreation programme of tissue banks will be introduced to the audience. Also the problems of legal harmonization will be mentioned to which we are facing as an associated country to the European Union

  3. Future issues in transplantation ethics: ethical and legal controversies in xenotransplantation, stem cell, and cloning research.

    Science.gov (United States)

    Shapiro, Robyn S

    2008-07-01

    With little prospect of developing a sufficient supply of human transplantable organs to meet the large and growing demand, attention has turned to xenotransplantation, as well as stem cell and cloning research, as possible approaches for alleviating this allograft shortage. This article explores ethical and legal issues that surround developments in these fields.

  4. Atmospheric lidar: Legal, scientific and technological aspects

    International Nuclear Information System (INIS)

    Barbini, R.; Colao, F.; Fiorani, L.; Palucci, A.

    2000-01-01

    The Atmospheric Lidar is one of the systems of the Mobile Laboratory of Laser Remote Sensing under development at the ENEA Research Center of Frascati. This technical report addresses the legislative, scientific and technological aspects that are the basis for the identification of the requirements, the definition of the architecture and the fixation of the specifications of the Atmospheric Lidar. The problems of air pollution are introduced in section 2. A summary of the Italian laws on that topic is then given. Section 4 provides a survey of the atmospheric measurements that can be achieved with the lidar. The sensitivity in the monitoring of pollutants is discussed in section 5. The other systems of the Mobile Laboratory of Laser Remote Sensing are shortly described in section 6. The last section is devoted to conclusions and perspectives [it

  5. Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

    Science.gov (United States)

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-01-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

  6. Organ transplantation: Legal, ethical and Islamic perspective in Nigeria

    Directory of Open Access Journals (Sweden)

    Abubakar A Bakari

    2012-01-01

    Full Text Available Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ

  7. Organ transplantation: legal, ethical and islamic perspective in Nigeria.

    Science.gov (United States)

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-07-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

  8. Neuroethics: the pursuit of transforming medical ethics in scientific ethics

    Directory of Open Access Journals (Sweden)

    Gustavo Figueroa

    Full Text Available Ethical problems resulting from brain research have given rise to a new discipline termed neuroethics, representing a new kind of knowledge capable of discovering the neural basis for universal ethics. The article (1 tries to evaluate the contributions of neuroethics to medical ethics and its suitability to outline the foundations of universal ethics, (2 critically analyses the process of founding this universal ethic. The potential benefits of applying neuroimaging, psy-chopharmacology and neurotechnology have to be carefully weighed against their potential harm. In view of these questions, an intensive dialogue between neuroscience and the humanities is more necessary than ever.

  9. Neuroethics: the pursuit of transforming medical ethics in scientific ethics.

    Science.gov (United States)

    Figueroa, Gustavo

    2016-02-20

    Ethical problems resulting from brain research have given rise to a new discipline termed neuroethics, representing a new kind of knowledge capable of discovering the neural basis for universal ethics. The article (1) tries to evaluate the contributions of neuroethics to medical ethics and its suitability to outline the foundations of universal ethics, (2) critically analyses the process of founding this universal ethic. The potential benefits of applying neuroimaging, psychopharmacology and neurotechnology have to be carefully weighed against their potential harm. In view of these questions, an intensive dialogue between neuroscience and the humanities is more necessary than ever.

  10. Scientific Integrity and Professional Ethics at AGU - The Establishment and Evolution of an Ethics Program at a Large Scientific Society

    Science.gov (United States)

    McPhaden, Michael; Leinen, Margaret; McEntee, Christine; Townsend, Randy; Williams, Billy

    2016-04-01

    The American Geophysical Union, a scientific society of 62,000 members worldwide, has established a set of scientific integrity and professional ethics guidelines for the actions of its members, for the governance of the union in its internal activities, and for the operations and participation in its publications and scientific meetings. This presentation will provide an overview of the Ethics program at AGU, highlighting the reasons for its establishment, the process of dealing ethical breaches, the number and types of cases considered, how AGU helps educate its members on Ethics issues, and the rapidly evolving efforts at AGU to address issues related to the emerging field of GeoEthics. The presentation will also cover the most recent AGU Ethics program focus on the role for AGU and other scientific societies in addressing sexual harassment, and AGU's work to provide additional program strength in this area.

  11. Dispensing with conscience: a legal and ethical assessment.

    Science.gov (United States)

    Wernow, Jerome R; Grant, Donald G

    2008-11-01

    For over 30 years, pharmacists have exercised the right to dispense medications in accordance with moral convictions based upon a Judeo-Christian ethic. What many of these practitioners see as an apparent shift away from this time-honored ethic has resulted in a challenge to this right. To review and analyze pharmacy practice standards, legal proceedings, and ethical principles behind conflicts of conscientious objection in dispensing drugs used for emergency contraception. We first searched the terms conscience and clause and Plan B and contraception and abortion using Google, Yahoo, and Microsoft Networks (2006-September 26, 2008). Second, we used Medscape to search professional pharmacy and other medical journals, restricting our terms to conscience, Plan B, contraceptives, and abortifacients. Finally, we employed Loislaw, an online legal archiving service, and did a global search on the phrase conscience clause to determine the status of the legal discussion. To date, conflicts in conscientious objection have arisen when a pharmacist believes that dispensing an oral contraceptive violates his or her moral understanding for the promotion of human life. Up to this time, cases in pharmacy have involved only practitioners from orthodox Christian faith communities, primarily devout Roman Catholics. A pharmacist's right to refuse the dispensing of abortifacients for birth control according to moral conscience over against a woman's right to reproductive birth control has created a conflict that has yet to be reconciled by licensing agents, professional standards, or courts of law. Our analysis of prominent conflicts suggests that the underlying worldviews between factions make compromise improbable. Risks and liabilities are dependent upon compliance with evolving state laws, specific disclosure of a pharmacist's moral objections, and professionalism in the handling of volatile situations. Objecting pharmacists and their employers should have clear policies and

  12. Ethical, legal, and social implications (ELSI) of microdose clinical trials.

    Science.gov (United States)

    Kurihara, Chieko

    2011-06-19

    A "microdose clinical trial" (microdosing) is one kind of early phase exploratory clinical trial, administering the compound at doses estimated to have no pharmacological or toxicological effects, aimed at screening candidates for further clinical development. This article's objective is to clarify the ethical, legal, and social implications (ELSI) of such an exploratory minimum-risk human trial. The definition and non-clinical study requirements for microdosing have been harmonized among the European Union (EU), United States (US), and Japan. Being conducted according to these regulations, microdosing seems to be ethically well justified in terms of respect for persons, beneficence, justice, human dignity, and animal welfare. Three big projects have been demonstrating the predictability of therapeutic dose pharmacokinetics from microdosing. The article offers suggestions as how microdosing can become a more useful and socially accepted strategy. Copyright © 2011 Elsevier B.V. All rights reserved.

  13. [Posthumous sperm procurement and use--ethical and legal dilemmas].

    Science.gov (United States)

    Crha, I; Dostál, J; Ventruba, P; Kudela, M; Záková, J

    2004-07-01

    To present a review of bioethical discussion and recommendations concerning posthumous sperm procurement and postmortem parenthood. Review article. Department of Obstetrics and Gynecology, Masaryk University, Brno, Department of Obstetrics and Gynecology, Palacky University, Olomouc. Literature search in Database of Abstracts of Reviews of the Evidence (DARE) and MEDLINEplus. Posthumous sperm procurement and cryopreservation must be performed within 36 hours after death. To established appropriate medical practice, it is important to consider all stakeholders in the decision-making process: the deceased, the requesting party, the child, the physician and the society. There are only few legislative measures concerning postmortem parenthood and posthumous sperm procurement. The essential elements for postmortem reproduction are: judicial order, ethics committee approval, bereavement period of at least 6 month before use. Posthumous sperm procurement is fraught with ethical and legal implications. All stakeholder should be considered. Society for reproductive medicine should prepare acceptable standard protocol.

  14. Multinational repositories: Ethical, legal and political/public aspects

    International Nuclear Information System (INIS)

    Boutellier, C.; McCombie, C.; Mele, I.

    2006-01-01

    Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

  15. Legal and Ethical Issues around Incorporating Traditional Knowledge in Polar Data Infrastructures

    Directory of Open Access Journals (Sweden)

    Teresa Scassa

    2017-02-01

    Full Text Available Human knowledge of the polar region is a unique blend of Western scientific knowledge and local and indigenous knowledge. It is increasingly recognized that to exclude Traditional Knowledge from repositories of polar data would both limit the value of such repositories and perpetuate colonial legacies of exclusion and exploitation. However, the inclusion of Traditional Knowledge within repositories that are conceived and designed for Western scientific knowledge raises its own unique challenges. There is increasing acceptance of the need to make these two knowledge systems interoperable but in addition to the technical challenge there are legal and ethical issues involved. These relate to ‘ownership’ or custodianship of the knowledge; obtaining appropriate consent to gather, use and incorporate this knowledge; being sensitive to potentially different norms regarding access to and sharing of some types of knowledge; and appropriate acknowledgement for data contributors. In some cases, respectful incorporation of Traditional Knowledge may challenge standard conceptions regarding the sharing of data, including through open data licensing. These issues have not been fully addressed in the existing literature on legal interoperability which does not adequately deal with Traditional Knowledge. In this paper we identify legal and ethical norms regarding the use of Traditional Knowledge and explore their application in the particular context of polar data. Drawing upon our earlier work on cybercartography and Traditional Knowledge we identify the elements required in the development of a framework for the inclusion of Traditional Knowledge within data infrastructures.

  16. Ethics in the Legal and Business Practices of Radiation Oncology.

    Science.gov (United States)

    Wall, Terry J

    2017-10-01

    Ethical issues arise when a professional endeavor such as medicine, which seeks to place the well-being of others over the self-interest of the practitioner, meets granular business and legal decisions involved in making a livelihood out of a professional calling. The use of restrictive covenants, involvement in self-referral patterns, and maintaining appropriate comity among physicians while engaged in the marketplace are common challenges in radiation oncology practice. A paradigm of analysis is presented to help navigate these management challenges. Copyright © 2017 Elsevier Inc. All rights reserved.

  17. Legal Status Of The Election Organizer Ethics Council An Analysis Of Indonesian Election Systems

    Directory of Open Access Journals (Sweden)

    Ardin

    2015-08-01

    Full Text Available This research aims to identify and to analyze the legal status of the Election Organizer Ethics Council in the General Election in Indonesia. This research is a normative research by using statute approach official records and the judges verdict which is then described qualitatively. These results indicate that the legal status of the Election Organizer Ethics Council in the general election in Indonesia as supporting organ that serves to uphold ethics rule of ethics and guarding democracy. The authority of Election Organizer Ethics Council in the general election in Indonesia sometimes out of authority. Ideal concept of the legal status of the Election Organizer Ethics Council in general elections was as supporting organ which have the infrastructure secretary general and administrative staff so it has a public legal entity as similar to the Election organizers serve as code of ethics enforcement agencies code of ethics and can equated to other state institutions.

  18. Ethical muscle and scientific interests: a role for philosophy in scientific research.

    Science.gov (United States)

    Kaposy, Chris

    2008-03-01

    Ethics, a branch of philosophy, has a place in the regulatory framework of human subjects research. Sometimes, however, ethical concepts and arguments play a more central role in scientific activity. This can happen, for example, when violations of research norms are also ethical violations. In such a situation, ethical arguments can be marshaled to improve the quality of the scientific research. I explore two different examples in which philosophers and scientists have used ethical arguments to plead for epistemological improvements in the conduct of research. The first example deals with research dishonesty in pharmaceutical development. The second example is concerned with neuropsychological research using fMRI technology.

  19. Legal and scientific scrutiny of forensic 'sciences' and 'experts'

    International Nuclear Information System (INIS)

    Metz, H.O.E.

    2002-01-01

    Full text: Traditional areas of forensic science, such as, handwriting and fingerprint examinations and the newer sciences such as molecular biology are increasingly being scrutinized and challenged by the legal and scientific communities. These older forensic disciplines are targets for critics and skeptics as they are not founded on the traditional sciences but have rather an empirical basis and are supported by what may be considered quasi-validated data. This paper discusses in broad terms the basis of these legal and scientific attitudes and the various solutions to overcoming these negative perceptions. Werner Heisenberg (1901-1976; German physicist) 'An Expert is someone who knows some of the worst mistakes that can be made in his subject and who manages to avoid them'. (author)

  20. Institutional initiatives in professional scientific ethics: three case studies

    Science.gov (United States)

    Nickless, Edmund; Bilham, Nic

    2015-04-01

    Learned and professional scientific bodies can play a vital role in promoting ethical behaviours, giving practical substance to theoretical consideration of geoethical principles and complementing the efforts of individual scientists and practitioners to behave in a professional and ethical manner. Institutions may do this through mandatory professional codes of conduct, by developing guidelines and initiatives to codify and stimulate the uptake of best practice, and through wider initiatives to engender a culture conducive to such behaviours. This presentation will outline three current institutional initiatives which directly or indirectly address scientific ethics: i. The UK Science Council's Declaration on Diversity, Equality and Inclusion. ii. Development and promulgation of the American Geosciences Institute's (AGI) Guidelines for Ethical Professional Conduct. iii. The American Geophysical Union's (AGU) Scientific Code of Conduct and Professional Ethics. The focus of the Science Council and its member bodies (including the Geological Society of London) on diversity is of central importance when considering ethical behaviours in science. First, improving equality and diversity in the science workforce is at the heart of ethical practice, as well as being essential to meeting current and future skills needs. Second, in addition to demographic diversity (whether in terms of gender, race, economic status, sexuality or gender identity, etc), an important dimension of diversity in science is to allow space for a plurality of scientific views, and to nurture dissenting voices - essential both to the development of scientific knowledge and to its effective communication to non-technical audiences.

  1. Principles and Ethics in Scientific Communication in Biomedicine

    OpenAIRE

    Donev, Doncho

    2013-01-01

    Introduction and aim: To present the basic principles and standards of scientific communication and writing a paper, to indicate the importance of honesty and ethical approach to research and publication of results in scientific journals, as well as the need for continuing education in the principles and ethics in science and publication in biomedicine. Methods: An analysis of relevant materials and documents, sources from the internet and published literature and personal experience and obse...

  2. The legal and ethical issues in the techniques of blood transfusion ...

    African Journals Online (AJOL)

    The paper examines the legal and ethical issues that may arise and the principles that should be considered in the clinical practice for the transfusion of red blood cells and plasma into adults and children. Generally, the legal and ethical principles that apply to the medical transfusion therapy are not different from those ...

  3. Discussing options between patients and health care professionals in genetic diagnosis: ethical and legal criteria

    Directory of Open Access Journals (Sweden)

    Nicolás Pilar

    2007-09-01

    Full Text Available Abstract The specific characteristics of genetic data lead to ethical-legal conflicts in the framework of genetic diagnosis. Several international organisations, including UNESCO and the Council of Europe, have enacted rules referring to the use of genetic information. This paper discusses possible legal and ethical criteria that could be used in genetic testing.

  4. A Qualitative Examination of Ethical and Legal Considerations Regarding Dating Violence

    Science.gov (United States)

    Sikes, April; Walley, Cynthia; Hays, Danica G.

    2012-01-01

    Despite the increased attention to dating violence among adolescents and young adults, limited information is available on ethical and legal considerations specific to this population. Therefore, this qualitative study explores 21 trainees' and practitioners' conceptualization of ethical and legal issues pertaining to adolescent dating violence.…

  5. Ethical and legal implications in IVF and prenatal diagnosis in the U.K.

    Science.gov (United States)

    Ferguson-Smith, M E

    1991-08-01

    The natural desire for couples to be parents and the medical practitioner's inability to treat most genetic diseases have been responsible for some of the most exciting research into infertility and genetic disorders. This has led in the United Kingdom to the establishment of the Warnock Committee of Inquiry into Human Fertilization and its report in 1984, and to a Review of the guidance on Research Use of Fetuses and Fetal Material published in 1989 and known as the Polkinghorne Report. The Warnock Report, among other ethical issues, considers the most fundamental question which has been debated for thousands of years, namely, What is life and when does it begin? More recently, the report has been responsible for new legislation which imposes ethical and legal restrictions on the scientific and medical community. The Polkinghorne Report recommends a voluntary code of practice which is morally and ethically acceptable within our society. We are also fortunate in the U.K. to have a parliamentary structure which allows debate on such important human issues and is prepared to impose ethical restrictions.

  6. Genomic cloud computing: legal and ethical points to consider.

    Science.gov (United States)

    Dove, Edward S; Joly, Yann; Tassé, Anne-Marie; Knoppers, Bartha M

    2015-10-01

    The biggest challenge in twenty-first century data-intensive genomic science, is developing vast computer infrastructure and advanced software tools to perform comprehensive analyses of genomic data sets for biomedical research and clinical practice. Researchers are increasingly turning to cloud computing both as a solution to integrate data from genomics, systems biology and biomedical data mining and as an approach to analyze data to solve biomedical problems. Although cloud computing provides several benefits such as lower costs and greater efficiency, it also raises legal and ethical issues. In this article, we discuss three key 'points to consider' (data control; data security, confidentiality and transfer; and accountability) based on a preliminary review of several publicly available cloud service providers' Terms of Service. These 'points to consider' should be borne in mind by genomic research organizations when negotiating legal arrangements to store genomic data on a large commercial cloud service provider's servers. Diligent genomic cloud computing means leveraging security standards and evaluation processes as a means to protect data and entails many of the same good practices that researchers should always consider in securing their local infrastructure.

  7. [Health system reforms, economic constraints and ethical and legal values].

    Science.gov (United States)

    Caillol, Michel; Le Coz, Pierre; Aubry, Régis; Bréchat, Pierre-Henri

    2010-01-01

    Health system and hospital reforms have led to important and on-going legislative, structural and organizational changes. Is there any logic at work within the health system and hospitals that could call into question the principle of solidarity, the secular values of ethics that govern the texts of law and ethics? In order to respond, we compared our experiences to a review of the professional and scientific literature from 1992 to 2010. Over the course of the past eighteen years, health system organization was subjected to variations and significant tensions. These variations are witnesses to a paradigm shift: although a step towards the regionalization of the health system integrating the choice of public health priorities, consultation and participatory democracy has been implemented, nevertheless the system was then re-oriented towards the trend of returning to centralization on the basis of uniting economics, technical modernization and contracting. This change of doctrine may undermine the social mission of hospitals and the principle of solidarity. Progress, the aging population and financial constraints would force policy-makers to steer the health system towards more centralized control. Hospitals, health professionals and users may feel torn within a system that tends to simplify and minimize what is becoming increasingly complex and global. Benchmarks on values, ethics and law for the hospitals, healthcare professionals and users are questioned. These are important elements to consider when the law on the reform of hospitals, patients, health care and territories and regional health agencies is implemented.

  8. Legal and ethical aspects of organ donation and transplantation

    Directory of Open Access Journals (Sweden)

    Sunil Shroff

    2009-01-01

    Full Text Available The legislation called the Transplantation of Human Organ Act (THO was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on

  9. A global warming forum: Scientific, economic, and legal overview

    International Nuclear Information System (INIS)

    Geyer, R.A.

    1993-01-01

    A Global Warming Forum covers in detail five general subject areas aimed at providing first, the scientific background and technical information available on global warming and second, a study and evaluation of the role of economic, legal, and political considerations in global warming. The five general topic areas discussed are the following: (1) The role of geophysical and geoengineering methods to solve problems related to global climatic change; (2) the role of oceanographic and geochemical methods to provide evidence for global climatic change; (3) the global assessment of greenhouse gas production including the need for additional information; (4) natural resource management needed to provide long-term global energy and agricultural uses; (5) legal, policy, and educational considerations required to properly evaluate global warming proposals

  10. [Scientific evidence on the legalization of abortion in Mexico City].

    Science.gov (United States)

    Gayón-Vera, Eduardo

    2010-03-01

    On April 24 2007, abortion before 12 weeks became legal in Mexico City. The arguments for this decision were: diminish the maternal morbidity and mortality, avoid a "severe health problem" and accomplish the women's physical, mental and social well being. To analyze the scientific evidences that support or reject this arguments. Retrospective study realized by bibliographic search of electronic data basis and Internet portals of interested groups. Mexico is considered by the World Health Organization, one of the countries in the world with low maternal mortality rates (abortion". In the hospitals of the Mexican Institute of Social Security, maternal deaths as consequence of induced abortions were, approximately, three every year. The evidences used as arguments in favor of abortion come from studies performed in Sub-Saharan African countries, which do not apply to Mexico. The scientific evidences show that induced abortion has important psychological sequels in women, a higher frequency of illegal drug abuse, alcoholism, child abuse, low birth weight in the following pregnancy, greater risk of subsequent miscarriage and greater mortality rate. There are no scientific evidences to support the arguments used for the legal approval of abortion in Mexico City.

  11. Global artificial photosynthesis project: a scientific and legal introduction.

    Science.gov (United States)

    Faunce, Thomas

    2011-12-01

    With the global human population set to exceed 10 billion by 2050, its collective energy consumption to rise from 400 to over 500 EJ/yr and with the natural environment under increasing pressure from these sources as well as from anthropogenic climate change, political solutions such as the creation of an efficient carbon price and trading scheme may arrive too late. In this context, the scientific community is exploring technological remedies. Central to these options is artificial photosynthesis--the creation, particularly through nanotechnology, of devices capable to doing what plants have done for millions of years - transforming sunlight, water and carbon dioxide into food and fuel. This article argues that a Global Artificial Photosynthesis (GAP) project can raise the public profile and encourage the pace, complexity and funding of scientific collaborations in artificial photosynthesis research. The legal structure of a GAP project will be critical to prevent issues such as state sovereignty over energy and food resources and corporate intellectual monopoly privileges unduly inhibiting the important contribution of artificial photosynthesis to global public health and environmental sustainability. The article presents an introduction to the scientific and legal concepts behind a GAP project.

  12. INDIAN ACADEMY OF SCIENCES Scientific Values: Ethical ...

    Indian Academy of Sciences (India)

    vedamurthy

    Science has many applied ... activities pursued by the Fellows not only involve conducting research and publishing its results, but ... See for example, the announcements on “ethical guidelines for biomedical research on human .... therefore it is important for the selection committee members to study each case carefully.

  13. [Hunger striking in prisons: ethics and the ethical and legal aspects].

    Science.gov (United States)

    García-Guerrero, J

    2013-01-01

    Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

  14. Within the Timeline of Science Ethics: Two Parenting Advice Books and a Scientific Milestone

    Directory of Open Access Journals (Sweden)

    Emel AKÖZER

    2014-08-01

    Full Text Available Plagiarism allegations on similarities between Dr. Benjamin Spock's Baby and Child Care (1946 and Dr. İhsan Doğramacı's Annenin Kitabı (1952; The Mother's Book and the public presentation of the ruling on the 15th of April, 2014 by European Court of Human Rights consummating legal proceedings on these allegations, are not likely to contribute to ensuring a correct understanding of plagiarism as conceived in science ethics in the general public and scientific community. First, the Court has not ruled in support of the veracity of allegations. Second, parallels between the two books – regarding genre, claims to originality, and the nature of similarities – do not justify evaluation in reference to the concept of plagiarism as defined in science ethics. Besides, intellectual property law, on which allegations pretend to be based, cannot be taken to found illegitimacy of plagiarism in terms of science ethics. Science ethics defines plagiarism as misconduct positively with reference to norms of scientific integrity, the fairness principle, and values essential to collaborative work, rather than negatively with reference to violation of intellectual property. In the mid-20th century, in an environment where such principles or values have not yet taken root, the course of the discovery of DNA structure, one of the century's greatest breakthroughs, has enabled ethics violations substantially surpassing issues of intellectual property or plagiarism, and moreover, these violations have apologists even today. Scientific integrity and fairness imply “treating colleagues with integrity and honesty” as equally as “providing proper references and giving due credits to the work of others”. Abusing plagiarism allegations as a means to defame colleagues or permitting such abuse to become commonplace neither suits advocacy of scientific ethics nor complies with the “fairness” principle. A strategy to fight plagiarism must be tested against

  15. Code of Ethics in a Multicultural Company and its Legal Context

    Science.gov (United States)

    Odlerová, Eva; Ďurišová, Jaroslava; Šramel, Bystrík

    2012-12-01

    The entry of foreign investors and simultaneous expansion of different national cultures, religions, rules, moral and ethical standards is bringing up problems of cooperation and coexistence of different nationalities, ethnicities and cultures. Working in an international environment therefore requires adaptation to a variety of economic, political, legal, technical, social, cultural and historical conditions. One possible solution is to define a code of ethics, guidelines which find enough common moral principles, which can become the basis for the adoption of general ethical standards, while respecting national, cultural differences and practices. In this article, the authors pay attention not only to the analysis of the common ethical rules in a multicultural company, but also to the legal aspects of codes of ethics. Each code of ethics is a set of standards, which, like the legal norms, regulate the behaviour of individuals. These standards, however, must simultaneously meet certain statutory criteria that define the boundaries of regulation of employee’s behaviour.

  16. Genesis of scientific research of legal problems of reserves

    Directory of Open Access Journals (Sweden)

    Олександр Олександрович Пономаренко

    2017-12-01

    Full Text Available The problems of the legal status of nature reserves as objects of ecological and legal commandment are considered. One of the main directions of the modern strategy of Ukraine’s environmental policy should be the implementation of international standards in the organization and protection of nature reserves as objects of the state natural reserve fund, the improvement of legislation on the nature reserve fund in accordance with the recommendations of the Pan-European Biological and Landscape Diversity Strategy (1995 on the formation of the Pan-European Ecological Network as a single spatial system of territories of European countries with the EU or partially altered landscape. All this allowed to formulate the definition of a natural reserve as a state research institution with the status of a legal entity of national importance and performs the functions of preserving in a natural state typical or unique for the given landscape zone of natural complexes with all components of their components, the study of natural processes and phenomena, the developments in them, the development of scientific principles of environmental protection, the effective use of natural resources and environmental safety, the implementation of ecological education and education of the population in the conditions of full restriction of economic activity not connected with its functioning.

  17. E-therapy: practical, ethical, and legal issues.

    Science.gov (United States)

    Manhal-Baugus, M

    2001-10-01

    E-therapy is a term that has been coined to describe the process of interacting with a therapist online in ongoing conversations over time when the client and counselor are in separate or remote locations and utilize electronic means to communicate with each other. It is a relatively new modality of assisting individuals resolve life and relationship issues. E-therapy utilizes the power and convenience of the internet to allow simultaneous (synchronous) and time-delayed (asynchronous) communication between an individual and a professional. For the purposes of this paper, e-therapy is defined as a licensed mental health care professional providing mental health services via e-mail, video conferencing, virtual reality technology, chat technology, or any combination of these. It does not include self-help methods such as public bulletin boards or private listservs. E-therapy is not psychotherapy or psychological counseling per se since it does to presume to diagnose or treat mental or medical disorders. However, e-therapy is flexible enough to also address many difficulties which clients present to the online therapist. As in other types of therapy, such as bibliotherapy, occupational therapy, and rehabilitation therapy), e-therapy does assist a person in addressing specific concerns with specific skills. This article examines the following issues of e-therapy. First, the types of e-therapy and related services are described to provide a background for the article. Second, the ethical codes which have been adopted by three major professional organizations (American Counseling Association, National Board for Certified Counselors, and the International Society for Mental Health Online) pertaining to e-therapy are summarized for professional and consumer use. Finally, the practical, ethical, and legal issues of e-therapy services are discussed fully.

  18. Ethical, legal and social aspects of the approach in Sudan

    Directory of Open Access Journals (Sweden)

    Nugud Abdel

    2009-11-01

    Full Text Available Abstract The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local levels. The successful application of the sterile insect technique (SIT for the control of the New World screwworm Cochliomyia hominivorax and several species of fruit flies has given impetus to the use of this method for suppression or elimination of malaria vectors in some areas of Africa including Northern State of Sudan. The research and development phase of the Northern State feasibility study has been started. Sudanese stakeholders are working side-by-side with the International Atomic Energy Agency in the activities of this important phase. Several ethical, legal and social issues associated with this approach arose during this phase of the project. They need to be seriously considered and handled with care. In this paper, these issues are described, and the current and proposed activities to overcome potential hurdles to ensure success of the project are listed.

  19. [The legal and ethical aspects of nerve tissue transplantation].

    Science.gov (United States)

    Sramka, M; Rattaj, M

    1992-01-01

    The authors have specified the following criteria for the withdrawal of embryonal tissue at their department: 1) only tissue from dead fetus is allowed to be used in neurotransplantation; 2) embryonal tissue is to be obtained after spontaneous abortions from volunteers or from women asking for artificial abortion; 3) the women should be informed about the curative purposes of embryonal tissue voluntary donorship and they must give a written consent; 4) decision on abortion should be separated from the use of embryonal tissue; 5) women should not know recipients; no payments should be made for tissue; 6) the donor is not permitted to impregnate in order to use embryos for research or clinical purposes; 7) sampling of BWR, HBsAG, anti-HIV, cytomegalovirus, herpes I and II is to be made for serologic examinations and that from the cervix for cultivation and sensitivity, as well as ultrasound verification of a germinal age is done in potential donors; 8) consent should be signed to embryonal brain transplantation by recipient or his legitimate deputy if the recipient is certifiable. The above criteria should protect both the donor and the recipient. The use of embryonal tissue cultures seems to be promising. In addition to legal and ethic problems, immunological problems and problems concerning the aseptic withdrawal of embryonal tissue are falling off.

  20. AGU's Updated Scientific Integrity and Professional Ethics Policy

    Science.gov (United States)

    McPhaden, M. J.

    2017-12-01

    AGU'S mission is to promote discovery in Earth and space science for the benefit of humanity. This mission can only be accomplished if all those engaged in the scientific enterprise uphold the highest standards of scientific integrity and professional ethics. AGU's Scientific Integrity and Professional Ethics Policy provides a set of principles and guidelines for AGU members, staff, volunteers, contractors, and non-members participating in AGU sponsored programs and activities. The policy has recently been updated to include a new code of conduct that broadens the definition of scientific misconduct to include discrimination, harassment, and bullying. This presentation provides the context for what motivated the updated policy, an outline of the policy itself, and a discussion of how it is being communicated and applied.

  1. End-of-life decisions in Malaysia: Adequacies of ethical codes and developing legal standards.

    Science.gov (United States)

    Kassim, Puteri Nemie Jahn; Alias, Fadhlina

    2015-06-01

    End-of-life decision-making is an area of medical practice in which ethical dilemmas and legal interventions have become increasingly prevalent. Decisions are no longer confined to clinical assessments; rather, they involve wider considerations such as a patient's religious and cultural beliefs, financial constraints, and the wishes and needs of family members. These decisions affect everyone concerned, including members of the community as a whole. Therefore it is imperative that clear ethical codes and legal standards are developed to help guide the medical profession on the best possible course of action for patients. This article considers the relevant ethical, codes and legal provisions in Malaysia governing certain aspects of end-of-life decision-making. It highlights the lack of judicial decisions in this area as well as the limitations with the Malaysian regulatory system. The article recommends the development of comprehensive ethical codes and legal standards to guide end-of-life decision-making in Malaysia.

  2. MEDICO-LEGAL HIV/AIDS, LAW AND ETHICS: A BRIEF ANALYSIS ...

    African Journals Online (AJOL)

    Enrique

    ... are in a unique situation, as both legal and ethical rules apply to a ... Guidelines for the Management of Patients with HIV. Infection or ... process of obtaining informed consent from a patient. Not ... narrowly construed and applied. Although ...

  3. Ethical, legal and clinical aspects of live surgery in urology - contemporary issues and a glimpse of the future.

    Science.gov (United States)

    Cumpanas, Alin Adrian; Ferician, Ovidiu Catalin; Latcu, Silviu Constantin; Pricop, Catalin; Bardan, Razvan Tiberiu

    2017-01-01

    Beside dry and wet lab training, simulators, video tapes, fellowships and clinical visits, live surgery has gained popularity during the last years, being an attraction point at large scientific meetings and at postgraduate courses as well. This type of surgical training raises both ethical and legal issues. Thus, there are professional societies that have banned such meetings, mainly due to safety reasons for the patient. The current article aims to identify and to discuss ethical and legal issues related to the topic, advantages, disadvantages and weak points of this emerging challenge for modern medicine, trying to analyze the issues from all relevant points of view: those of the patient, the surgeon and the session attendant.

  4. Vaccinating health care workers against influenza: the ethical and legal rationale for a mandate.

    Science.gov (United States)

    Ottenberg, Abigale L; Wu, Joel T; Poland, Gregory A; Jacobson, Robert M; Koenig, Barbara A; Tilburt, Jon C

    2011-02-01

    Despite improvements in clinician education, symptom awareness, and respiratory precautions, influenza vaccination rates for health care workers have remained unacceptably low for more than three decades, adversely affecting patient safety. When public health is jeopardized, and a safe, low-cost, and effective method to achieve patient safety exists, health care organizations and public health authorities have a responsibility to take action and change the status quo. Mandatory influenza vaccination for health care workers is supported not only by scientific data but also by ethical principles and legal precedent. The recent influenza pandemic provides an opportunity for policymakers to reconsider the benefits of mandating influenza vaccination for health care workers, including building public trust, enhancing patient safety, and strengthening the health care workforce.

  5. Size matters: the ethical, legal, and social issues surrounding large-scale genetic biobank initiatives

    Directory of Open Access Journals (Sweden)

    Klaus Lindgaard Hoeyer

    2012-04-01

    Full Text Available During the past ten years the complex ethical, legal and social issues (ELSI typically surrounding large-scale genetic biobank research initiatives have been intensely debated in academic circles. In many ways genetic epidemiology has undergone a set of changes resembling what in physics has been called a transition into Big Science. This article outlines consequences of this transition and suggests that the change in scale implies challenges to the roles of scientists and public alike. An overview of key issues is presented, and it is argued that biobanks represent not just scientific endeavors with purely epistemic objectives, but also political projects with social implications. As such, they demand clever maneuvering among social interests to succeed.

  6. Psychotropics without borders: ethics and legal implications of internet-based access to psychiatric medications.

    Science.gov (United States)

    Klein, Carolina A

    2011-01-01

    Medical practitioners are revisiting many of the ethics and the legal implications surrounding the clinical frameworks within which we operate. In today's world, distinguishing between virtual and physical reality continues to be increasingly difficult. The physician may be found grappling with the decision of whether to continue to treat a patient who may be obtaining psychotropic medications through the Internet. This article approaches some of the clinical and legal implications and the ethics regarding the availability of prescription psychotropics over the Internet.

  7. Writing a Scientific Paper III. Ethical Aspects

    Science.gov (United States)

    Sterken, C.

    2011-07-01

    The main theme of this paper is truthful communication of scientific results. Therefore, concepts of truth, error, quality and value are elaborated. The following bibliometric parameters are explained: the journal impact factor, the journal cited half-life, and the journal immediacy index, as well as paper counts, citation rates, citation index and the Hirsch index. These bibliometric indices and indicators are illustrated with examples derived from bibliometric analyses of the astronomical literature. Scientific misconduct in the broadest sense is discussed by category: researcher misconduct, author misconduct, referee and grant-reviewer misconduct. But also publisher misconduct, editorial misconduct and mismanagement, and research supervisor misbehavior are dealt with. The overall signatures of scientific misconduct are focused on, as well as the causes and the cures. This is followed by a Section devoted to whistleblowing. The biases of bibliometric indices, and the use and abuse of bibliometrics are illustrated. Moreover, suggestions for remediating the present defective system of bibliometric measurement and evaluation are worked out. Finally, the hopes and concerns of our students - either expressed during or after the lectures, or through subsequent private contacts - are passed on.

  8. Applying Legal Concepts to Business in a Legal and Ethical Environment of Business Course: The Build-a-Business Project

    Science.gov (United States)

    Grelecki, Ryan C.; Willey, Susan L.

    2017-01-01

    One of the most significant hurdles to overcome in teaching law to business students is getting them to recognize and appreciate the real-world applicability of the law, a seemingly esoteric and irrelevant discipline. This hurdle is especially challenging when teaching Legal and Ethical Environment of Business (LEEB), a course that most business…

  9. Ethics in scientific communication: study of a problem case.

    Science.gov (United States)

    Berger, R L

    1994-12-01

    The hypothermia experiments performed on humans during the Second World War at the German concentration camp in Dachau have been regarded as crimes against humanity, disguised as medical research. For almost 50 years, scientists maintained that the study produced valuable, even if not totally reliable, information. In recent years, the results from the Dachau hypothermia project were glamorized with life-saving potential and a heated ethical dialogue was activated about the use of life-saving but tainted scientific information. In the wake of the debate, an in-depth examination of the scientific rigour of the project was performed and revealed that neither the science nor the scientists from Dachau could be trusted and that the data were worthless. The body of medical opinion accepted the unfavourable determination but a few scientists and ethicists have continued to endorse the validity, of at least parts, of the Dachau hypothermia data. The conduct of the scientific communications about the Dachau hypothermia experiments by the scientific and ethical communities invites serious consideration of a possible ethical misadventure. It appears that for almost 50 years, the results of the study had been endorsed without careful examination of the scientific base of the experiments and that secondary citation of relevant original material may have been commonly employed. These infractions contributed to a myth that good science was practised by the Nazis at Dachau. The more recent emphasis on the life-saving potential of the Dachau data, without citation of credible supporting evidence, has also been misleading. Similarly, acceptance of a determination by an in-depth examination that the 'whole' Dachau project if flawed with simultaneous endorsement of the validity of 'parts' of the results, poses an ethical problem. It is advisable that before seeking ethical consultation about the use of unethically obtained data, scientists should examine the quality of science behind

  10. The ethical and legal regulation of HIV-vaccine research in Africa ...

    African Journals Online (AJOL)

    We discuss the general findings of the audit and the complex issues arising from HIV-vaccine research, specifically. Lastly, we propose specific ways in which the ethical/legal frameworks guiding research with human participants in these countries can be improved. Keywords: Africa, clinical trials, country profiles, ethics, ...

  11. Diabetes and Driving Safety: Science, Ethics, Legality & Practice

    Science.gov (United States)

    Cox, Daniel J.; Singh, Harsimran; Lorber, Daniel

    2013-01-01

    Diabetes affects over 25 million people in the United States, most of whom are over the age of 16 and many of whom are licensed to drive a motor vehicle. Safe operation of a motor vehicle requires complex interactions of cognitive and motor functions and medical conditions that affect these functions often will increase the risk of motor vehicle accidents (MVA). In the case of diabetes, hypoglycemia is the most common factor that has been shown to increase MVA rates. When people with diabetes are compared with non-diabetic controls, systematic analyses show that the relative risk of MVA is increased by between 12 and 19% (RRR 1.12-1.19). In comparison, the RRR for Attention Deficit Hyperactivity Disorder is 4.4 and for Sleep Apnea is 2.4. Epidemiologic research suggests that patients at risk for hypoglycemia-related MVAs may have some characteristics in common, including a history of severe hypoglycemia or of hypoglycemia-related driving mishaps. Experimental studies also have shown that people with a history of hypoglycemia-related driving mishaps have abnormal counter-regulatory responses to hypoglycemia and greater cognitive impairments during moderate hypoglycemia. There are medical, ethical and legal issues for health care professionals who care for people with diabetes regarding their patients’ risk of hypoglycemia-related driving mishaps. This includes identifying those at increased risk and counseling them on preventive measures, including more frequent blood glucose testing, delaying driving with low or low normal blood glucose, and carrying readily available emergency supplies in the vehicle for the treatment of hypoglycemia. PMID:23531955

  12. HIV vaccines in Canada: legal and ethical issues--an overview.

    Science.gov (United States)

    Garmaise, David

    2002-07-01

    In July 2002 the Legal Network released an overview paper on legal and ethical issues related to an HIV vaccine in Canada. The paper, which is based on a more detailed report prepared in collaboration with the Centre for Bioethics of the Clinical Research Institute of Montréal, calls for the establishment of a Canadian HIV Vaccine Plan.

  13. Regulatory challenges of robotics : Some guidelines for addressing legal and ethical issues

    NARCIS (Netherlands)

    Leenes, Ronald; Palmerini, Erica; Koops, Bert-Jaap; Bertolini, Andrea; Salvini, Pericle; Lucivero, Federica

    2017-01-01

    Robots are slowly, but certainly, entering people’s professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the

  14. Scientific information repository assisting reflectance spectrometry in legal medicine.

    Science.gov (United States)

    Belenki, Liudmila; Sterzik, Vera; Bohnert, Michael; Zimmermann, Klaus; Liehr, Andreas W

    2012-06-01

    Reflectance spectrometry is a fast and reliable method for the characterization of human skin if the spectra are analyzed with respect to a physical model describing the optical properties of human skin. For a field study performed at the Institute of Legal Medicine and the Freiburg Materials Research Center of the University of Freiburg, a scientific information repository has been developed, which is a variant of an electronic laboratory notebook and assists in the acquisition, management, and high-throughput analysis of reflectance spectra in heterogeneous research environments. At the core of the repository is a database management system hosting the master data. It is filled with primary data via a graphical user interface (GUI) programmed in Java, which also enables the user to browse the database and access the results of data analysis. The latter is carried out via Matlab, Python, and C programs, which retrieve the primary data from the scientific information repository, perform the analysis, and store the results in the database for further usage.

  15. The ethics of psychopharmacological research in legal minors

    Directory of Open Access Journals (Sweden)

    Koelch Michael

    2008-12-01

    Full Text Available Abstract Research in psychopharmacology for children and adolescents is fraught with ethical problems and tensions. This has practical consequences as it leads to a paucity of the research that is essential to support the treatment of this vulnerable group. In this article, we will discuss some of the ethical issues which are relevant to such research, and explore their implications for both research and standard care. We suggest that finding a way forward requires a willingness to acknowledge and discuss the inherent conflicts between the ethical principles involved. Furthermore, in order to facilitate more, ethically sound psychopharmacology research in children and adolescents, we suggest more ethical analysis, empirical ethics research and ethics input built into psychopharmacological research design.

  16. Ethical Formation in Professional, Scientific and Technological Education

    Directory of Open Access Journals (Sweden)

    Vinícius Bozzano Nunes

    2018-06-01

    Full Text Available The mismatch between technological development and human development is evident in the Federal Network of Professional, Scientific and Technological Education, making ethical formation an important point of discussion in this context. This article shows results of research that investigates how this education is represented in the speech of the pedagogical managers of the Network. From the data, the emphasis is on disciplinary approaches and professional or professionalizing representations of business and neoliberal ethics. It is concluded that the morality theme should integrate the debates about Professional Education, reconciling the technical and human dimensions of formation and thus guiding the educational process toward emancipatory.

  17. Scientific Tourism, Aspects, Religious and Ethics Values

    Directory of Open Access Journals (Sweden)

    Kosiewicz Jerzy

    2014-06-01

    Full Text Available The presented paper focuses primarily on the tourism activities of teaching staff at universities and other research institutions. This applies in particular to travel during which the principal purpose is, inter alia, various exploratory internships, conferences, trips as a guest professor or a visiting professor under the auspices of the Erasmus and Erasmus Mundus programs. These peregrinations require extra effort, not only with regards to teaching and research duties, but also present opportunities to confront, test and evaluate one’s own research results and outlook with new listeners in new locations in different environments. This travel especially applies to the foreign environment, a situation that presents high degrees of professional, scientific and linguistic challenges, resulting in increased contributions and activity to the specific field of science. Regardless of the workload and the difficulties of the discussed travel, such travel can also bring about much personal satisfaction: a due to a sense of a well done job as a result of meeting expectations of the employer and the host placed on the 'messenger of science' and b due to the pleasure associated with those tourist experiences having autotelic and pragmatic (instrumental overtones

  18. Security and privacy of EHR systems--ethical, social and legal requirements.

    Science.gov (United States)

    Kluge, Eike-Henner W

    2003-01-01

    This paper addresses social, ethical and legal concerns about security and privacy that arise in the development of international interoperable health information systems. The paper deals with these concerns under four rubrics: the ethical status of electronic health records, the social and legal embedding of interoperable health information systems, the overall information-requirements healthcare as such, and the role of health information professionals as facilitators. It argues that the concerns that arise can be met if the development of interoperability protocols is guided by the seven basic principles of information ethics that have been enunciated in the IMIA Code of Ethics for Health Information Professionals and that are central to the ethical treatment of electronic health records.

  19. Striving for Scientific Integrity and Ethical Practices in Higher Education

    Science.gov (United States)

    Geissman, J. W.

    2017-12-01

    The need for the highest levels of scientific integrity and ethical principles in higher education, globally, is obvious. This is the setting where faculty scientists practice and future scientists, as entering science majors, those who change course and switch to science, and graduate students, are nurtured and mentored. Institutions of higher education across the globe are devoting increasing attention to scientific integrity and ethical practices, often as mandated by specific (funding) agencies, and this certainly is a step in the right direction. One approach has involved graduate students, particularly PhD students, in formal classes/seminars on the subjects. Another, more institution-specific, is to require freshman science majors to take one or more classes designed to assist students, in many ways, to succeed in whatever science path they choose. For the past five years I have "taught" such a class, which I like to refer to as "Science is the Rest of Your Life 101". My section is very heavy on scientific integrity and ethical practices; most students have never been exposed to nor have considered such subjects. Their interest level is exceedingly keen. So, steps are being taken, but rectifying existing concerns will take time. Here are some (potential/real) problems. One facing all of higher education is the ever decreasing number, certainly in the United States, of tenured/tenure track faculty in all disciplines together with the generational "gap" or "double gap" (some colleagues of mine are in their 80s) between those who never for all intents and purposes received any "formal" exposure to scientific integrity and ethical practices issues and those fresh in the academy for which these subjects are recently and better engrained. At most institutions, those faculty never involved in such formal training because of, well, their age, are required to pass some form of on-line "certification" class in research ethics among other subjects on an annual or bi

  20. A longitudinal simulation-based ethical-legal curriculum for otolaryngology residents.

    Science.gov (United States)

    Fanous, Amanda; Rappaport, Jamie; Young, Meredith; Park, Yoon Soo; Manoukian, John; Nguyen, Lily H P

    2017-11-01

    To develop, implement, and evaluate a longitudinal, simulation-based ethics and legal curriculum designed specifically for otolaryngology residents. Otolaryngology residents were recruited to participate in a yearly half-day ethical-legal module, the curriculum of which spanned 4 years. Each module included: three simulated scenarios, small-group multisource feedback, and large-group debriefings. Scenarios involved encounters with standardized patients. Residents' ethical-legal knowledge was assessed pre- and postmodule with multiple-choice questions, and ethical reasoning was assessed by a variety of evaluators during the simulated scenario using a locally developed assessment tool. Participants completed an exit survey at the end of each module. Eighteen residents completed four modules from the academic years of 2008 to 2009 to 2011 to 2012. The first year was considered a pilot module, and data were collected for the following 3 years. Knowledge of legal issues improved significantly among residents (mean at pre = 3.40 and post = 4.60, P otolaryngology-head and neck surgery residents. This educational program resulted in a both objective and subjective improvement in legal and ethics knowledge and skills. NA. Laryngoscope, 127:2501-2509, 2017. © 2017 The American Laryngological, Rhinological and Otological Society, Inc.

  1. Empirical Scientific Research and Legal Studies Research--A Missing Link

    Science.gov (United States)

    Landry, Robert J., III

    2016-01-01

    This article begins with an overview of what is meant by empirical scientific research in the context of legal studies. With that backdrop, the argument is presented that without engaging in normative, theoretical, and doctrinal research in tandem with empirical scientific research, the role of legal studies scholarship in making meaningful…

  2. Embedding Scientific Integrity and Ethics into the Scientific Process and Research Data Lifecycle

    Science.gov (United States)

    Gundersen, L. C.

    2016-12-01

    Predicting climate change, developing resources sustainably, and mitigating natural hazard risk are complex interdisciplinary challenges in the geosciences that require the integration of data and knowledge from disparate disciplines and scales. This kind of interdisciplinary science can only thrive if scientific communities work together and adhere to common standards of scientific integrity, ethics, data management, curation, and sharing. Science and data without integrity and ethics can erode the very fabric of the scientific enterprise and potentially harm society and the planet. Inaccurate risk analyses of natural hazards can lead to poor choices in construction, insurance, and emergency response. Incorrect assessment of mineral resources can bankrupt a company, destroy a local economy, and contaminate an ecosystem. This paper presents key ethics and integrity questions paired with the major components of the research data life cycle. The questions can be used by the researcher during the scientific process to help ensure the integrity and ethics of their research and adherence to sound data management practice. Questions include considerations for open, collaborative science, which is fundamentally changing the responsibility of scientists regarding data sharing and reproducibility. The publication of primary data, methods, models, software, and workflows must become a norm of science. There are also questions that prompt the scientist to think about the benefit of their work to society; ensuring equity, respect, and fairness in working with others; and always striving for honesty, excellence, and transparency.

  3. Legal Ethics, Rules of Conduct and the Moral Compass – Considerations from a Law Student's Perspective

    Directory of Open Access Journals (Sweden)

    Christoffel Hendrik van Zyl IV

    2016-05-01

    Full Text Available When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ideas on what ethical behaviour entails. Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly assist law students in avoiding pitfalls which may lead to disciplinary action, they must be taught to appropriately use their moral compasses. This narrative aims to show that the metaphorical moral compass, with the cardinal virtues as possible main points, may serve as the crucial and underlying guide in the avoidance of the pitfalls which may result in a person being struck from the roll, but more than that, that it may aid in the pursuit of personal dreams or goals. The article contributes to the literature on legal ethics by foregrounding the virtues that pertain to sound conduct in a lawyer, as opposed to the rules and codes, in the hope that this may help legal practitioners to decide on what is right and what is wrong.

  4. WOC practice in cyberspace: legal and ethical issues.

    Science.gov (United States)

    Hoyman, K

    2001-07-01

    WOC nurses have the opportunity to extend their practice geographically by using electronic media, also called telehealth or "practicing in cyberspace." Currently, laws and regulations affecting this aspect of practice are in rapid flux. In addition, practicing electronically makes the ethical issues of choice, privacy, and confidentiality more acute. This article describes the current status of relevant legislation, discusses relevant ethical issues, and provides guidelines for WOC nurses who are considering the use of e-mail and video conferencing within their practice.

  5. Ethical and legal perspectives on the medical practitioners use of social media

    Directory of Open Access Journals (Sweden)

    Brenda Kubheka

    2017-05-01

    Full Text Available Use of social media has increased exponentially throughout the world. Social media provides a platform for building social and professional relationships that can be used by all, including healthcare professionals. Alongside the benefits of creating networks and spreading information wider and faster than is possible with traditional communication channels, however, it presents ethical and legal challenges. For health professionals, it poses a threat to confidentiality and privacy owed to patients, colleagues and employers. It is vital for health professionals to acknowledge that the same ethical and legal standards apply both online and offline, and that they are accountable to professional bodies and the law for their online activities. This article seeks to explore the ethical and legal pitfalls facing health professionals using social media platforms. Importantly, it seeks to create awareness about the cyberpsychology phenomenon called the ‘online disinhibition effect’, responsible for lowering restraint during online activities.

  6. Ethical and legal perspectives on the medical practitioners use of social media.

    Science.gov (United States)

    Kubheka, Brenda

    2017-04-25

    Use of social media has increased exponentially throughout the world. Social media provides a platform for building social and professional relationships that can be used by all, including healthcare professionals. Alongside the benefits of creating networks and spreading information wider and faster than is possible with traditional communication channels, however, it presents ethical and legal challenges. For health professionals, it poses a threat to confidentiality and privacy owed to patients, colleagues and employers. It is vital for health professionals to acknowledge that the same ethical and legal standards apply both online and offline, and that they are accountable to professional bodies and the law for their online activities. This article seeks to explore the ethical and legal pitfalls facing health professionals using social media platforms. Importantly, it seeks to create awareness about the cyberpsychology phenomenon called the 'online disinhibition effect', responsible for lowering restraint during online activities.

  7. Ethics and legality in the Romanian political marketing

    Directory of Open Access Journals (Sweden)

    Poţincu, C. R.

    2010-11-01

    Full Text Available In a democratic system, the legal framework is a guarantee of the favourable development of several activities, including those regarding the implementation of the promotional techniques used in the political marketing.

  8. Ethical, legal and practical issues of establishing an adipose stem cell bank for research.

    Science.gov (United States)

    West, C C; Murray, I R; González, Z N; Hindle, P; Hay, D C; Stewart, K J; Péault, B

    2014-06-01

    Access to human tissue is critical to medical research, however the laws and regulations surrounding gaining ethical and legal access to tissue are often poorly understood. Recently, there has been a huge increase in the interest surrounding the therapeutic application of adipose tissue, and adipose-derived stem cells. To facilitate our own research interests and possibly assist our local colleagues and collaborators, we established a Research Tissue Bank (RTB) to collect, store and distribute human adipose tissue derived cells with all the appropriate ethical approval for subsequent downstream research. Here we examine the legal, ethical and practical issues relating to the banking of adipose tissue for research in the UK, and discuss relevant international guidelines and policies. We also share our experiences of establishing an RTB including the necessary infrastructure and the submission of an application to a Research Ethics Committee (REC). Copyright © 2014 British Association of Plastic, Reconstructive and Aesthetic Surgeons. Published by Elsevier Ltd. All rights reserved.

  9. Ethical and scientific issues of nanotechnology in the workplace.

    Science.gov (United States)

    Schulte, Paul A; Salamanca-Buentello, Fabio

    2007-01-01

    In the absence of scientific clarity about the potential health effects of occupational exposure to nanoparticles, a need exists for guidance in decision making about hazards, risks, and controls. An identification of the ethical issues involved may be useful to decision makers, particularly employers, workers, investors, and health authorities. Because the goal of occupational safety and health is the prevention of disease in workers, the situations that have ethical implications that most affect workers have been identified. These situations include the a) identification and communication of hazards and risks by scientists, authorities, and employers; b) workers' acceptance of risk; c) selection and implementation of controls; d) establishment of medical screening programs; and e) investment in toxicologic and control research. The ethical issues involve the unbiased determination of hazards and risks, nonmaleficence (doing no harm), autonomy, justice, privacy, and promoting respect for persons. As the ethical issues are identified and explored, options for decision makers can be developed. Additionally, societal deliberations about workplace risks of nanotechnologies may be enhanced by special emphasis on small businesses and adoption of a global perspective.

  10. [Ethical conflicts in the authorship of scientific papers].

    Science.gov (United States)

    von Oetinger, Astrid; Sadarangani, Kabir P; Salas, Sofía P

    2016-11-01

    The frequency of conflicts about authorship of publications has increased along with the increase in the number of people involved in scientific work. Some of the factors that strongly influence the generation of conflicts and malpractices in authorship definition of scientific publications are the pressure of academia, economic incentives from the pharmaceutical industry in the field of biomedicine and authors’ wishes and expectations of recognition, among other factors. The article analyzes this problem, increasingly common in the field of medicine and related areas. Special attention is devoted to the prevailing laws in our country and international guidelines related to intellectual property and authorship of scientific publications, respectively. However, the ethical commitment, intellectual honesty and truthfulness of each of the authors about what is reported seems to be the decisive factor for the solution to these authorship conflicts.

  11. The legal and ethical implications of social media in the emergency department.

    Science.gov (United States)

    Lyons, Rachel; Reinisch, Courtney

    2013-01-01

    Social media is a growing and popular means of communication. It is understandable that health care providers may not share identifying information on patients through these sources. Challenges arise when patients and family members wish to record the care provided in the emergency department. The health care provider may be faced with an ethical and possibly legal dilemma when social media is present in the emergency department. This article seeks to discuss the legal and ethical principles surrounding social media in the emergency department.

  12. Captain America, Tuskegee, Belmont, and Righteous Guinea Pigs: Considering Scientific Ethics through Official and Subaltern Perspectives

    Science.gov (United States)

    Weinstein, Matthew

    2008-01-01

    With an eye towards a potential scientific ethics curriculum, this paper examines four contrasting discourses regarding the ethics of using human subjects in science. The first two represent official statements regarding ethics. These include the U.S.'s National Science Education Standards, that identify ethics with a professional code, and the…

  13. Reneging: A Topic to Promote Engaging Discussions about Law and Ethics in a Business Law or Legal Environment Course

    Science.gov (United States)

    Murphy, Tonia Hap

    2009-01-01

    This article is intended for business law and legal environment instructors who want to help students understand how they might react when presented with an ethical conflict, no matter how big or how small. The article discusses not only the compelling ethical issues that may arise in reneging cases, but also legal issues. The article provides…

  14. Lethal and Legal The Ethics of Drone Strikes

    Science.gov (United States)

    2015-12-01

    and “ PlayStation Mentality.” A further ethical consideration relates to the per- ception of the psyche of the drone operator, who is typically...referred to colloquially as “cubicle war- 22 riors.”70 One public concern is that such cubicle war- riors are likely to develop a “ PlayStation ” mentality

  15. The autism "epidemic": Ethical, legal, and social issues in a developmental spectrum disorder.

    Science.gov (United States)

    Graf, William D; Miller, Geoffrey; Epstein, Leon G; Rapin, Isabelle

    2017-04-04

    Classic autism has gradually evolved into the concept of a larger "spectrum disorder." The rising prevalence of autism and autism spectrum disorder (autism/ASD) diagnoses can be largely attributed to broader diagnostic criteria, adoption of dimensional assessment strategies, increased awareness, linking of services to diagnosis, and the inclusion of milder neurodevelopmental differences bordering on normality. The spectrum disorder diagnosis raises numerous bioethical issues for individuals and society. Three groups of caregivers have important ethical, legal, and social obligations to individuals with autism/ASD: (1) families and advocates of individuals with autism/ASD; (2) health care and other professionals; and (3) governments. Each group may have different views of autism/ASD diagnostic criteria, screening, testing, and the effectiveness of various interventions. All see timely diagnosis as desirable, but earlier diagnosis may not be better, morally or practically. The growing practice of genetic testing in milder ASD raises ethical questions because of its uncertain scientific validity and limited clinical utility. Individuals with autism/ASD have various kinds of needs but all want acceptance and most deserve better accommodations. Governments struggle to provide a fair allocation of appropriate special education and supportive services. This article examines the evolving dimensions of the autism/ASD diagnosis, outlines certain bioethics principles related to its evaluation and management, reviews relevant laws and disability rights, and emphasizes the societal obligation to recognize neurodevelopmental variation and human neurodiversity. Future directions in the evaluation and care of autism/ASD should attempt to integrate the roles and responsibilities of all agents caring for each unique autistic individual. © 2017 American Academy of Neurology.

  16. Medication-Related Practice Roles: An Ethical and Legal Primer for School Psychologists

    Science.gov (United States)

    Shahidullah, Jeffrey D.

    2014-01-01

    Given the prevalence of school-age children and adolescents who are prescribed with and are taking psychotropic medications, a critical issue that school psychologists may likely encounter in contemporary practice is providing both quality and continuity of care to these students in the context of relevant legal and ethical parameters. With a…

  17. Lessons Learned from Litigation: Legal and Ethical Consequences of Social Media.

    Science.gov (United States)

    Brous, Edie; Olsen, Douglas P

    2017-09-01

    Editor's note: To the surprise of many, a Canadian nurse's Facebook post complaining about the medical care a family member had received resulted in disciplinary action by the licensing board. We asked our legal and ethical contributing editors to provide some insight on the issues of this case.

  18. Is There Evil in Dying? Ethical and Legal Reflections concerning Induced Death

    Directory of Open Access Journals (Sweden)

    Alejandra Zúñiga F.

    2011-08-01

    Full Text Available The article analyzes the moral dilemmas associated with death and carries out a reflection on the questions that arise when death is considered trivial from the perspective of the individual who dies. Additionally, the article analyzes the ethical and legal consequences of acknowledging the moral autonomy of those who, in extreme circumstances, decide when and how to die.

  19. Ethical Issues and Legal Constraints to the Freedom of Information Act

    African Journals Online (AJOL)

    Unfortunately, there are legal constraints that can hinder the smooth operation of the act. Such constraints need to be dismantled immediately. Besides, there is a great need to address various ethical issue that may equally arise among media practitioners in the course of operating within the limits of the law, posing great ...

  20. HIV/AIDS and mental illness: ethical and medico-legal issues for ...

    African Journals Online (AJOL)

    QuickSilver

    Keywords: HIV/AIDS, Mental health, Ethical, Medico - legal. S Afr Psychiatry Rev 2003 ... Implementation of the Mental Health Care Act of 2002will entail a shift in attitudes .... (Act 17 of 2002). 13 Gauteng Health Department; Environmental and Occupational. Health and Safety Directorate: Memorandum: 7 April 2000. Guide-.

  1. Confronting the Ubiquity of Electronic Communication and Social Media: Ethical and Legal Considerations for Psychoeducational Practice

    Science.gov (United States)

    Demers, Joseph A.; Sullivan, Amanda L.

    2016-01-01

    Most U.S. children and adults use computers and the Internet on a daily basis. The pervasiveness of electronic communication in a variety of contexts, including home and school, raises ethical and legal concerns for school psychologists and those in related fields of practice, because of the risks to privacy and confidentiality, boundaries,…

  2. Counselors' Role in Preventing Abuse of Older Adults: Clinical, Ethical, and Legal Considerations

    Science.gov (United States)

    Forman, Julia M.; McBride, Rebecca G.

    2010-01-01

    Mistreatment of older adults is commonplace. These individuals are subjected to abuse, financial exploitation, and neglect. The authors present an overview of the literature concerning mistreatment, with an emphasis on clinical, ethical, and legal considerations. Methods are proposed for prevention, including counselor education, advocacy, and…

  3. Development of the Ethical and Legal Issues in Counseling Self-Efficacy Scale

    Science.gov (United States)

    Mullen, Patrick R.; Lambie, Glenn W.; Conley, Abigail H.

    2014-01-01

    The authors present the development of the Ethical and Legal Issues in Counseling Self-Efficacy Scale (ELICSES). The purpose of this article is threefold: (a) present a rationale for the ELICSES, (b) review statistical analysis procedures used to develop the ELICSES, and (c) offer implications for future research and counselor education.

  4. Safeguards in a world of ambient intelligence: A social, economic, legal, and ethical perspective

    NARCIS (Netherlands)

    van den Broek, Egon

    2011-01-01

    The book "Safeguards in a world of ambient intelligence" is unique in its kind. It discusses social, economic, legal, technological and ethical issues related to identity, privacy and security in Ambient Intelligence (AmI). It introduces AmI and, subsequently, makes it vivid by describing four

  5. ELSI Bibliography: Ethical, legal and social implications of the Human Genome Project. 1994 Supplement

    Energy Technology Data Exchange (ETDEWEB)

    Yesley, M.S.; Ossorio, P.N. [comps.

    1994-09-01

    This report updates and expands the second edition of the ELSI Bibliography, published in 1993. The Bibliography and Supplement provides a comprehensive resource for identifying publications on the major topics related to the ethical, legal and social issues (ELSI) of the Human Genome Project. The Bibliography and Supplement are extracted from a database compiled at Los Alamos National Laboratory with the support of the Office of Energy Research, US Department of Energy. The second edition of the ELSI Bibliography was dated May 1993 but included publications added to the database until fall 1993. This Supplement reflects approximately 1,000 entries added to the database during the past year, bringing the total to approximately 7,000 entries. More than half of the new entries were published in the last year, and the remainder are earlier publications not previously included in the database. Most of the new entries were published in the academic and professional literature. The remainder are press reports from newspapers of record and scientific journals. The topical listing of the second edition has been followed in the Supplement, with a few changes. The topics of Cystic Fibrosis, Huntington`s Disease, and Sickle Cell Anemia have been combined in a single topic, Disorders. Also, all the entries published in the past year are included in a new topic, Publications: September 1993--September 1994, which provides a comprehensive view of recent reporting and commentary on the science and ELSI of genetics.

  6. Legal and medical aspects of the ethics committee’s work relating to abortion

    Directory of Open Access Journals (Sweden)

    Ponjavić Zoran

    2011-01-01

    Full Text Available This paper analyses the legal and medical aspects of the work of ethics committees on abortion. According to the legislation of the Republic of Serbia, these committees are competent to determine justifiable terms for abortion after the twentieth week of the fetus. It is well known that abortion is not only a medical but a legal, ethic, social and demographic problem as well. A liberal solution in view of abortion in the first trimester has been accepted in most European countries, as by the legislature of the Republic of Serbia. Since prenatal diagnosis cannot always determine the fetus state with certainty but at times may do so at a later stage, abortion is then required when the child is already capable of extrauterine life. The necessity for performing abortion in the third trimester is thus a result of good knowledge of techno-medicine but also from the limited information it provides. In such situations, the physician needs confirmation and justification of his standpoint with respect to abortion through a legal formulation which should contain "minimum moral". Society has found a way to protect and help him through moral and ethic forms of prevention without anybody’s emotions being affected. Ethics committees should thus help the physician in view of determining the terms for performing late abortion, since the rules of doctor’s ethics are not sufficient in this case. The article especially analyses the work of the Ethics Committee of the Clinical Center in Kragujevac in the period 2000-2010. It is stated that the largest number of cases referred to determined diseases or fetus anomalies while only a negligible number (11.29% to the illness of the mother. There were no requests for abortions due to legal reasons (pregnancies from criminal offences. A significant number (40.28% of requests submitted to the Ethics Committee related to pregnancies under the 24th week of pregnancy. Since a pregnancy of 24 weeks represents a boundary

  7. [The legal framework of the code of ethics for nurses].

    Science.gov (United States)

    Doutriaux, Yves

    2017-09-01

    As with all professions with its own order, nurses now have a code of ethics written by the Order's elected leaders. These leaders oversee its application for the benefit of patients and professionals, notably when a complaint is made. The code reconciles the interests of patients and public health care with the competition law. The numerous innovations which it has introduced are beneficial to nurses employed in the public and private sectors as well as freelance nurses. Copyright © 2017 Elsevier Masson SAS. All rights reserved.

  8. [Decubitus ulcers and wounds. Ethical and legal features].

    Science.gov (United States)

    Santisteban Cano, Mar

    2005-01-01

    The author presented a conference at the 5th National Symposium on Bedsores, or Decubitus Ulcers, and Chronic Injuries. In our country there is no specific regulation on the medical-sanitary responsibility regarding decubitus ulcers, or bedsores, and other injuries; rather these regulations are covered by more general legal concepts such as the civil responsibility according to articles 1902 and 1903.4 of the "CC", the patrimonial responsibility the State has for the normal or abnormal functioning of the Sanitary Administration, and penal responsibility.

  9. German law on circumcision and its debate: how an ethical and legal issue turned political.

    Science.gov (United States)

    Aurenque, Diana; Wiesing, Urban

    2015-03-01

    The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the 'child as a child' and poses only risks to boys. We then set out to clarify and analyse political (rather than ethical) justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues - as in the case of religious circumcision. © 2013 John Wiley & Sons Ltd.

  10. Breakdowns in communication of radiological findings: an ethical and medico-legal conundrum.

    Science.gov (United States)

    Berlin, Leonard; Murphy, Daniel R; Singh, Hardeep

    2014-12-01

    Communication problems in diagnostic testing have increased in both number and importance in recent years. The medical and legal impact of failure of communication is dramatic. Over the past decades, the courts have expanded and strengthened the duty imposed on radiologists to timely communicate radiologic abnormalities to referring physicians and perhaps the patients themselves in certain situations. The need to communicate these findings goes beyond strict legal requirements: there is a moral imperative as well. The Code of Medical Ethics of the American Medical Association points out that "Ethical values and legal principles are usually closely related, but ethical obligations typically exceed legal duties." Thus, from the perspective of the law, radiologists are required to communicate important unexpected findings to referring physicians in a timely fashion, or alternatively to the patients themselves. From a moral perspective, radiologists should want to effect such communications. Practice standards, moral values, and ethical statements from professional medical societies call for full disclosure of medical errors to patients affected by them. Surveys of radiologists and non-radiologic physicians reveal that only few would divulge all aspects of the error to the patient. In order to encourage physicians to disclose errors to patients and assist in protecting them in some manner if malpractice litigation follows, more than 35 states have passed laws that do not allow a physician's admission of an error and apologetic statements to be revealed in the courtroom. Whether such disclosure increases or decreases the likelihood of a medical malpractice lawsuit is unclear, but ethical and moral considerations enjoin physicians to disclose errors and offer apologies.

  11. Ethical, social, and legal issues surrounding studies of susceptible populations and individuals.

    Science.gov (United States)

    Soskolne, C L

    1997-01-01

    Calls for professional accountability have resulted in the development of ethics guidelines by numerous specialty and subspecialty groups of scientists. Indeed, guidelines among some health professions now address vulnerable and dependent groups: but these are silent on issues related to biomarkers. In parallel, attention has been drawn to human rights concerns associated with attempts to detect hypersusceptible workers, especially in democratic countries. Despite this, concern for vulnerable populations grows as advances in biomarker technology make the identification of genetic predisposition and susceptibility markers of both exposure and outcome more attainable. In this article, the principles derived from the ethical theory of utilitarianism provide the basis for principle-based ethical analysis. In addition, the four principles of biomedical ethics--respect for autonomy, beneficence, nonmaleficence, and social justice--are considered for biomarker studies. The need for a context in which ethical analysis is conducted and from which prevailing social values are shown to drive decisions of an ethical nature is emphasized; these include statutory regulation and law. Because biomarker studies can result in more harm than good, special precautions to inform research participants prior to any involvement in the use of biomarkers are needed. In addition, safeguards to maintain the privacy of data derived from biomarker studies must be developed and implemented prior to the application of these new technologies. Guidelines must be expanded to incorporate ethical, social, and legal considerations surrounding the introduction of new technologies for studying susceptible populations and individuals who may be vulnerable to environmental exposures. PMID:9255569

  12. BIOETHICS METHODS IN THE ETHICAL, LEGAL, AND SOCIAL IMPLICATIONS OF THE HUMAN GENOME PROJECT LITERATURE

    Science.gov (United States)

    Walker, Rebecca; Morrissey, Clair

    2013-01-01

    While bioethics as a field has concerned itself with methodological issues since the early years, there has been no systematic examination of how ethics is incorporated into research on the Ethical, Legal and Social Implications (ELSI) of the Human Genome Project. Yet ELSI research may bear a particular burden of investigating and substantiating its methods given public funding, an explicitly cross-disciplinary approach, and the perceived significance of adequate responsiveness to advances in genomics. We undertook a qualitative content analysis of a sample of ELSI publications appearing between 2003-2008 with the aim of better understanding the methods, aims, and approaches to ethics that ELSI researchers employ. We found that the aims of ethics within ELSI are largely prescriptive and address multiple groups. We also found that the bioethics methods used in the ELSI literature are both diverse between publications and multiple within publications, but are usually not themselves discussed or employed as suggested by bioethics method proponents. Ethics in ELSI is also sometimes undistinguished from related inquiries (such as social, legal, or political investigations). PMID:23796275

  13. Ethical, Legal, and Social Implication of Cancer Research | Resources | CDP

    Science.gov (United States)

    The Cancer Diagnosis Program strives to improve the diagnosis and assessment of cancer by effectively moving new scientific knowledge into clinical practice. This national program stimulates, coordinates and funds resources and research for the development of innovative in vitro diagnostics, novel diagnostic technologies and appropriate human specimens in order to better characterize cancers and allow improved medical decision making and evaluation of response to treatment.

  14. A European legal method? On European private law and scientific method

    NARCIS (Netherlands)

    Hesselink, M.

    2009-01-01

    This article examines the relationship between European private law and scientific method. It argues that a European legal method is a good idea. Not primarily because it will make European private law scholarship look more scientific, but because a debate on the method of a normative science

  15. Ethics Teaching in Higher Education for Principled Reasoning: A Gateway for Reconciling Scientific Practice with Ethical Deliberation.

    Science.gov (United States)

    Aközer, Mehmet; Aközer, Emel

    2017-06-01

    This paper proposes laying the groundwork for principled moral reasoning as a seminal goal of ethics interventions in higher education, and on this basis, makes a case for educating future specialists and professionals with a foundation in philosophical ethics. Identification of such a seminal goal is warranted by (1) the progressive dissociation of scientific practice and ethical deliberation since the onset of a problematic relationship between science and ethics around the mid-19th century, and (2) the extensive mistrust of integrating ethics in science and engineering curricula beyond its "applied," "practical," or "professional" implications. Although calls by international scientific and educational bodies to strengthen ethics teaching in scientific education over the past quarter century have brought about a notion of combining competence in a certain field with competence in ethics, this is neither entrenched in the academic community, nor fleshed out as regards its core or instruments to realize it. The legitimate goals of ethics teaching in higher education, almost settled since the 1980s, can be subsumed under the proposed seminal goal, and the latter also would safeguard content and methods of ethics interventions against the intrusion of indoctrinative approaches. In this paper, derivation of the proposed seminal goal rests on an interpretation of the Kohlbergian cognitive-developmental conception of moral adulthood consisting in autonomous principled moral reasoning. This interpretation involves, based on Kant's conception of the virtuous person, integrating questions about the "good life" into the domain of principled reasoning.

  16. Analysis of the Ethical, Legal and Economic Domains of Corporate Social Responsibility: A Business Case

    Directory of Open Access Journals (Sweden)

    Diana Carolina Peláez Villada

    2013-12-01

    Full Text Available The tendency of organizations is to achieve positioning and legitimacy through strategies of corporate social responsibility (CSR. This article focuses on the analysis of CSR practices and it seeks, through a business case, to define a method to examine the benefits of its application in society and in organizations. From the proposal of Schwartz (2011 on the domains of corporate social responsibility, where the ethical, economic, and legal dimensions of philanthropic organizations converge, financial reports and social balances of a company, were studied, where we identified, financial, ethical, and tax variables which allowed us to establish the orientation and balance between social responsibility practices and corporate image.

  17. The legal, moral and ethical aspects and problems of perception of information

    Directory of Open Access Journals (Sweden)

    Алла Борисовна Денисова

    2012-12-01

    Full Text Available At the present time, when the profits from crimes by means of computer technologies, according to Interpol, in third place after the income of drugs traffickers and illegal arms suppliers, the company is aware that professionals in the field of information technology alone are not enough professional knowledge and skills. In order to prevent deviant behavior in cyberspace, and the correct address ethical issues that arise in their professional activities, legal and ethical regulation of social relations in the sphere of information technologies.

  18. Ethical and legal challenges of vaccines and vaccination: Reflections.

    Science.gov (United States)

    Jesani, Amar; Johari, Veena

    2017-01-01

    Vaccines and vaccination have emerged as key medical scientific tools for prevention of certain diseases. Documentation of the history of vaccination shows that the initial popular resistance to universal vaccination was based on false assumptions and eventually gave way to acceptance of vaccines and trust in their ability to save lives. The successes of the global eradication of smallpox, and now of polio, have only strengthened the premier position occupied by vaccines in disease prevention. However, the success of vaccines and public trust in their ability to eradicate disease are now under challenge, as increasing numbers of people refuse vaccination, questioning the effectiveness of vaccines and the need to vaccinate.

  19. Ethical and legal issues in the clinical practice of primary health care.

    Science.gov (United States)

    Maestro, Francisco Javier; Martinez-Romero, Marcos; Vazquez-Naya, Jose Manuel; Pereira, Javier; Pazos, Alejandro

    2013-01-01

    Since it was conceived, the notion of primary care has been a crucial concept in health services. Most health care is provided at this level and primary care clinicians have an essential role, both in terms of disease prevention and disease management. During the last decades, primary health care has evolved from a traditional paternalistic model, in which patients played the role of passive recipient of care, towards a situation in which patients are partners involved in the decision making-process. This new context opened a considerable number of new ethical and legal aspects, which need to be comprehensively analyzed and discussed in order to preserve the quality of primary health care all around the world. This work reviews the most important ethical and legal issues in primary health care. Legislation issues are explained in the context of the Spanish Health Services.

  20. Exercising restraint: clinical, legal and ethical considerations for the patient with Alzheimer's disease.

    Science.gov (United States)

    McBrien, Barry

    2007-04-01

    The number of older people using emergency care is increasing steadily and older people account for over half of all emergency admissions. In the emergency setting, nurses caring for older people with Alzheimer's disease can be faced with many complex ethical and legal challenges. Moreover, challenges such as the use of physical restraint can precipitate conflict when the nurse is placed in the precarious position of doing good, respecting autonomy and avoiding paternalism. Although, there is no complete set of "rules" that can provide nurses with an answer to each dilemma, it is of significant value for nurses to have sound knowledge of ethical and legal positions in order to analyse the many complex situations that they may encounter.

  1. NATIONAL PROGRAM FOR IN VITRO FERTILIZATION AND EMBRYO TRANSFER IN ROMANIA: ETHICAL, LEGAL, AND SOCIAL CHALLENGES

    Directory of Open Access Journals (Sweden)

    Gabriela SIMIONESCU

    2017-05-01

    Full Text Available This review summarizes aspects regarding the national program for in vitro fertilization and embryo transfer in Romania, emphasizing on the ethical, legal and social challenges associated with assisted reproduction technologies. Romania is one of the few countries from the European Union that does not have a specific law for human assisted reproduction, but infertile couples in Romania may benefit from the national program for in vitro fertilization and embryo transfer although, unfortunately, the allocated public funds are not in line with the demand. There are a series of inclusion criteria when applying for the program and unlike other countries, only one in vitro fertilization (IVF procedure may be publicly funded. Despite the legal, ethical and social challenges, this program, however, represents an extremely important step in aligning our country with the standards of other developed countries.

  2. The ethical duty to preserve the quality of scientific information

    Science.gov (United States)

    Arattano, Massimo; Gatti, Albertina; Eusebio, Elisa

    2016-04-01

    The commitment to communicate and divulge the knowledge acquired during his/her professional activity is certainly one of the ethical duties of the geologist. However nowadays, in the Internet era, the spreading of knowledge involves potential risks that the geologist should be aware of. These risks require a careful analysis aimed to mitigate their effects. The Internet may in fact contribute to spread (e.g. through websites like Wikipedia) information badly or even incorrectly presented. The final result could be an impediment to the diffusion of knowledge and a reduction of its effectiveness, which is precisely the opposite of the goal that a geologist should pursue. Specific criteria aimed to recognize incorrect or inadequate information would be, therefore, extremely useful. Their development and application might avoid, or at least reduce, the above mentioned risk. Ideally, such criteria could be also used to develop specific algorithms to automatically verify the quality of information available all over the Internet. A possible criterion will be here presented for the quality control of knowledge and scientific information. An example of its application in the field of geology will be provided, to verify and correct a piece of information available on the Internet. The proposed criterion could be also used for the simplification of the scientific information and the increase of its informative efficacy.

  3. RPA Field Simulations:Dilemma Training for Legal and Ethical Decision Making

    Science.gov (United States)

    2015-11-07

    RPA Field Simulations: Dilemma-Training for Legal and Ethical Decision-Making Professor Wilbur Scott Dept of...Sciences & Leadership all take the Capstone Experience Course (CEC)  CEC offers several different kinds of projects, one consists of RPA Field...Simulation  Two phases in RPA Field Simulation – classroom phase and field phase  Purpose: link theoretical understanding/moral reasoning with

  4. Ethics and the Legalization of Physician-Assisted Suicide: An American College of Physicians Position Paper.

    Science.gov (United States)

    Snyder Sulmasy, Lois; Mueller, Paul S

    2017-10-17

    Calls to legalize physician-assisted suicide have increased and public interest in the subject has grown in recent years despite ethical prohibitions. Many people have concerns about how they will die and the emphasis by medicine and society on intervention and cure has sometimes come at the expense of good end-of-life care. Some have advocated strongly, on the basis of autonomy, that physician-assisted suicide should be a legal option at the end of life. As a proponent of patient-centered care, the American College of Physicians (ACP) is attentive to all voices, including those who speak of the desire to control when and how life will end. However, the ACP believes that the ethical arguments against legalizing physician-assisted suicide remain the most compelling. On the basis of substantive ethics, clinical practice, policy, and other concerns articulated in this position paper, the ACP does not support legalization of physician-assisted suicide. It is problematic given the nature of the patient-physician relationship, affects trust in the relationship and in the profession, and fundamentally alters the medical profession's role in society. Furthermore, the principles at stake in this debate also underlie medicine's responsibilities regarding other issues and the physician's duties to provide care based on clinical judgment, evidence, and ethics. Society's focus at the end of life should be on efforts to address suffering and the needs of patients and families, including improving access to effective hospice and palliative care. The ACP remains committed to improving care for patients throughout and at the end of life.

  5. Regulating internet access in UK public libraries: legal compliance and ethical dilemmas

    OpenAIRE

    Muir, Adrienne; Spacey, Rachel; Cooke, Louise; Creaser, Claire

    2016-01-01

    Purpose – This paper aims to consider selected results from the Arts and Humanities Research Council (AHRC) funded “Managing Access to the internet in Public Libraries” (MAIPLE) project, from 2012-2014. MAIPLE has explored the ways in which public library services manage use of the internet connections that they provide for the public. This included the how public library services balance their legal obligations and the needs of their communities in a public space and the ethical dilemmas tha...

  6. Professional ethics: know-how, deontological code and legality

    Directory of Open Access Journals (Sweden)

    Gian Vito Graziano

    2012-07-01

    Full Text Available The greatest sensitivity and attention to the geoenvironmental problematic underline the urgency to face some matters with new awareness and responsibility, like the management of the territory, the exploitation of the georesources, the energy problem, and the defense against natural risks. The civil community asks for ready and exhaustive answers. The technical-scientific competence of the geologist, linked with the shared deontological practice with respect to the normative in force, can give trust back to the citizens, and support to the political decisoris, the safety and the raising of our professionalism. The Italian territory is a great economic, social and cultural resource that must be defended and valued through the contribution of geologists. New strategies, spheres of action, and operational tools are needed. The National Council of Geologists in Italy is working in this direction.

  7. Legal, cultural and ethical considerations on the informing of the cancer patient: a perspective from Greece.

    Science.gov (United States)

    Kousathana, L; Kousathana, F; Karamanou, M; Kousoulis, A A

    2013-01-01

    To discuss the current official legal position of the Greek Council and the official international statement on the subject, as well as the emerging cultural and moral aspects on the issue of informing the cancer patient. Perusal of national and international legal and ethics sources, under a multidisciplinary perspective. According to the Council of State of Greece the violation of informing the patient by the physician constitutes urban liability and disciplinary offence. The Greek Code of Medical Ethics declares that the physician is obliged to inform his patient about his health and respect the desire of the patient who decides not to be informed. The UNESCO declaration does not seem to clarify the subject. In Greece, physicians have the tendency to tell the truth more often today than in the past, reflecting the global tendency, although the majority still discloses the truth to the next of kin. The difference in the tactics of informing in several nations reflects huge cultural, social, economic and religious differences in each society. Well informed and knowledgeable health-care and legal professionals, alongside with patients and ethical directors, should sit at the same table in order to productively discuss the most sensitive matters of the contemporary medical practice.

  8. Ethical and legal challenges in bioenergy governance: Coping with value disagreement and regulatory complexity

    International Nuclear Information System (INIS)

    Gamborg, Christian; Anker, Helle Tegner; Sandøe, Peter

    2014-01-01

    The article focuses on the interplay between two factors giving rise to friction in bioenergy governance: profound value disagreements (e.g. the prioritizing of carbon concerns like worries over GHG emissions savings over non-carbon related concerns) and regulatory complexity (in terms of regulatory measures and options). We present ethical and legal analyses of the current stalemate on bioenergy governance in the EU using two illustrative cases: liquid biofuels for transport and solid biomass-based bioenergy. The two cases disclose some similarities between these two factors, but the remaining differences may partly explain, or justify, contrasting forms of governance. While there seems to be no easy way in which the EU and national governments can deal with the multiple sustainability issues raised by bioenergy, it is argued that failure to deal explicitly with the underlying value disagreements, or to make apparent the regulatory complexity, clouds the issue of how to move forward with governance of bioenergy. We suggest that governance should be shaped with greater focus on the role of value disagreements and regulatory complexity. There is a need for more openness and transparency about such factors, and about the inherent trade-offs in bioenergy governance. - Highlights: • Ethical and legal challenges in governance of liquid biofuels and wood pellets. • EU sustainability criteria legal and ethical analysis—EU bioenergy policy options. • Analysis of interplay between carbon and non-carbon concerns and regulatory options. • Governance must cope with value disagreement and regulatory complexity

  9. Health-related biotechnologies for infectious disease control in Africa: Ethical, Legal and Social Implications (ELSI) of transfer and development.

    Science.gov (United States)

    Sommerfeld, J; Oduola, A M J

    2007-01-01

    The African continent is disproportionately affected by infectious diseases. Malaria, HIV/AIDS, tuberculosis, and more "neglected" diseases including African trypanosomiasis, Buruli ulcer, leishmaniasis, onchocerciasis and trachoma continue to dramatically impact social and economic development on the continent. Health biotechnologies provide potential to develop effective strategies for the fight against the vicious circle of poverty and infections by helping in the development and improvement of novel affordable drugs, diagnostics and vaccines against these diseases. As the prospects of this emerging biotechnology research and deployment of its products become a reality in Africa, there is a need to consider the ethical, legal and social implications of both the scientific and technological advances and their use in the communities. The article provides a short overview of the potential values of biotechnology, issues involved in its transfer and presents the rationale, design and recommendations of the international workshop/symposium held in April 2005 at the International Institute for Tropical Agriculture (IITA) in Ibadan, Nigeria.

  10. [Consent and confidentiality in occupational health practice: balance between legal requirements and ethical values].

    Science.gov (United States)

    Mora, Erika; Franco, G

    2010-01-01

    The recently introduced Italian law on the protection of workers' health states that the occupational health physician (competent physician) is required to act according to the Code of Ethics of the International Commission on Occupational Health (ICOH). This paper aims at examining the articles of legislative decree 81/2008 dealing with informed consent and confidentiality compared with the corresponding points of the ICOH Ethics Code. Analysis of the relationship between articles 25 and 39 (informed consent) and 18, 20 and 39 (confidentiality) of the decree shows that there are some points of disagreement between the legal requirements and the Code of Ethics, in particular concerning prescribed health surveillance, consent based on appropriate information (points 8, 10 and 12 of the Code) and some aspects of confidentiality (points 10, 20, 21, 22 and 23 of the Code). Although the competent physician is required to act according to the law, the decisional process could lead to a violation of workers' autonomy.

  11. Ethical and legal analyses of policy prohibiting tobacco smoking in enclosed public spaces.

    Science.gov (United States)

    Oriola, Taiwo A

    2009-01-01

    A spate of legislations prohibiting cigarette smoking in enclosed public spaces, mainly on grounds of public health protection, recently swept across cities around the world. This is in tandem with a raft of increasingly restrictive national laws that emerged on the back of the ratification of the WHO Framework for Tobacco Control by more than one 168 countries in 2005. The central debate on the increasingly restrictive tobacco laws revolves on the extent to which public health interests justification should ground political intervention in a private right as basic as tobacco smoking, which interestingly is often lumped in the food and beverage category. The pertinent legal and ethical questions therefore are the following: Is or should there be a general unrestricted right to tobacco smoking? If there were such a right, should public health or ethical considerations trump private right to smoke in enclosed public spaces? And if public health interests were so paramount, should they go farther and ground tobacco smoking proscription in all private and public spheres? Using ethical principles and rights-based arguments, the paper critically examines the legal and ethical ramifications of public health justification for tobacco smoking proscription in enclosed public spaces.

  12. Is multi-level marketing of nutrition supplements a legal and an ethical practice?

    Science.gov (United States)

    Cardenas, Diana; Fuchs-Tarlovsky, Vanessa

    2018-06-01

    Multi-level marketing (MLM) of nutrition products has experienced dramatic growth in recent decades. 'Wellness' is the second most popular niche in the MLM industry and represents 35% of sales among all the products in 2016. This category includes dietary supplements, weight management and sports nutrition products. The aim of this paper is to analyse whether this practice is legal and ethical. An analysis of available documentary information about the legal aspects of Multi-level marketing business was performed. Ethical reflexion was based on the "principlism" approach. We argue that, while being a controversial business model, MLM is not fraudulent from a legal point of view. However, it is an unethical strategy obviating all the principles of beneficence, nonmaleficence and autonomy. What is at stake is the possible economic scam and the potential harm those products could cause due to unproven efficacy, exceeding daily nutrient requirements and potential toxicity. The sale of dietary and nutrition supplements products by physicians and dieticians presents a conflict of interests that can undermine the primary obligation of physicians to serve the interests of their patients before their own. While considering that MLM of dietary supplements and other nutrition products are a legal business strategy, we affirm that it is an unethical practice. MLM products that have nutritional value or promoted as remedies may be unnecessary and intended for conditions that are unsuitable for self-prescription as well. Copyright © 2018 European Society for Clinical Nutrition and Metabolism. Published by Elsevier Ltd. All rights reserved.

  13. Growing families in a shrinking world: legal and ethical challenges in cross-border surrogacy.

    Science.gov (United States)

    Crockin, Susan L

    2013-12-01

    Crossing national borders to have children is a rapidly growing phenomenon, fuelled by restrictions on access and technologies in some countries and for some patients, by high costs in others, and all generating a burgeoning multibillion dollar international industry. Cross-border gestational surrogacy is one form of family building that challenges legal, policy and ethical norms between countries and puts both intended parents and gestational surrogates at risk, and can leave the offspring of these arrangements vulnerable in a variety of ways, including parent-child, immigration and citizenship status. The widely varying political, religious and legal views amongst countries make line drawing and rule making challenging. This article reviews recent court decisions about and explores the legal dimensions of cross-border surrogacy. Copyright © 2013 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

  14. Aequilibrium prudentis: on the necessity for ethics and policy studies in the scientific and technological education of medical professionals.

    Science.gov (United States)

    Anderson, Misti Ault; Giordano, James

    2013-04-23

    The importance of strong science, technology, engineering, and mathematics education continues to grow as society, medicine, and the economy become increasingly focused and dependent upon bioscientific and technological innovation. New advances in frontier sciences (e.g., genetics, neuroscience, bio-engineering, nanoscience, cyberscience) generate ethical issues and questions regarding the use of novel technologies in medicine and public life. In light of current emphasis upon science, technology, engineering, and mathematics education (at the pre-collegiate, undergraduate, graduate, and professional levels), the pace and extent of advancements in science and biotechnology, the increasingly technological orientation and capabilities of medicine, and the ways that medicine - as profession and practice - can engage such scientific and technological power upon the multi-cultural world-stage to affect the human predicament, human condition, and perhaps nature of the human being, we argue that it is critical that science, technology, engineering, and mathematics education go beyond technical understanding and directly address ethical, legal, social, and public policy implications of new innovations. Toward this end, we propose a paradigm of integrative science, technology, ethics, and policy studies that meets these needs through early and continued educational exposure that expands extant curricula of science, technology, engineering, and mathematics programs from the high school through collegiate, graduate, medical, and post-graduate medical education. We posit a synthetic approach that elucidates the historical, current, and potential interaction of scientific and biotechnological development in addition to the ethico-legal and social issues that are important to educate and sustain the next generation of medical and biomedical professionals who can appreciate, articulate, and address the realities of scientific and biotechnological progress given the shifting

  15. Radiation protection. Scientific fundamentals, legal regulations, practical applications. Compendium; Strahlenschutz. Wissenschaftliche Grundlagen, Rechtliche Regelungen, Praktische Anwendungen. Kompendium

    Energy Technology Data Exchange (ETDEWEB)

    Buchert, Guido; Gay, Juergen; Kirchner, Gerald; Michel, Rolf; Niggemann, Guenter; Schumann, Joerg; Wust, Peter; Jaehnert, Susanne; Strilek, Ralf; Martini, Ekkehard (eds.)

    2011-06-15

    The compendium on radiation protection, scientific fundamentals, legal regulations and practical applications includes contributions to the following issues: (1) Effects and risk of ionizing radiation: fundamentals on effects and risk of ionizing radiation, news in radiation biology, advantages and disadvantages of screening investigations; (2) trends and legal regulations concerning radiation protection: development of European and national radiation protection laws, new regulations concerning X-rays, culture and ethics of radiation protection; (3) dosimetry and radiation measuring techniques: personal scanning using GHz radiation, new ''dose characteristics'' in practice, measuring techniques for the nuclear danger prevention and emergency hazard control; (4) radiation exposure in medicine: radiation exposure of modern medical techniques, heavy ion radiotherapy, deterministic and stochastic risks of the high-conformal photon radiotherapy, STEMO project - mobile CT for apoplectic stroke patients; (5) radiation exposure in technology: legal control of high-level radioactive sources, technical and public safety using enclosed radioactive sources for materials testing, radiation exposure in aviation, radon in Bavaria, NPP Fukushima-Daiichi - a status report; (6) radiation exposure in nuclear engineering: The Chernobyl accident - historical experiences or sustaining problem? European standards for radioactive waste disposal, radioactive material disposal in Germany risk assessment of ionizing and non-ionizing radiation (7) Case studies.

  16. Captain America, Tuskegee, Belmont, and Righteous Guinea Pigs: Considering Scientific Ethics through Official and Subaltern Perspectives

    Science.gov (United States)

    Weinstein, Matthew

    2008-09-01

    With an eye towards a potential scientific ethics curriculum, this paper examines four contrasting discourses regarding the ethics of using human subjects in science. The first two represent official statements regarding ethics. These include the U.S.’s National Science Education Standards, that identify ethics with a professional code, and the Belmont Report, that conceptualizes ethics in three principles to guide research oversight boards. Contrasting this view of ethics as decorum and practice in line with a priori principles is the conception of ethics from unofficial sources representing populations who have been human subjects. The first counter-discourse examined comes from Guinea Pig Zero, an underground magazine for professional human subjects. Here ethics emerges as a question of politics over principle. The good behavior of the doctors and researchers is an effect of the politics and agency of the communities that supply science with subjects. The second counter-discourse is a comic book called Truth, which tells the story of Black soldiers who were used as guinea pigs in World War II. Ethics is both more political and more uncertain in this narrative. Science is portrayed as complicit with the racism of NAZI Germany; at the same time, and in contrast to the professional guinea pigs, neither agency nor politics are presented as effective tools for forcing the ethical conduct of the scientific establishment. The conclusion examines the value of presenting all of these views of scientific ethics in science education.

  17. Ethical, legal and social issues of genetic studies with African immigrants as research subjects.

    Science.gov (United States)

    Gong, Gordon; Kosoko-Lasaki, Sade; Haynatzki, Gleb; Cook, Cynthia; O'Brien, Richard L; Houtz, Lynne E

    2008-09-01

    There is growing interest in exploring gene-environment interactions in the etiology of diseases in immigrants from sub-Saharan Africa. Our experience working with the Sudanese immigrant population in Omaha, NE, makes clear the pressing need for geneticists and federal and local funding agencies to address the ethical, legal and social implications of genetic research with such vulnerable populations. Our work raises several questions. How does one design research with African immigrant participants to assure it is ethical? Many immigrants may not understand the purposes, risks and benefits involved in research because of low literacy rates, one of the results of civil wars, or concepts of biologic science foreign to their cultures. Is it possible to obtain truly informed consent? Do African immigrants perceive genetic research using them as subjects as racist? Is genetic research on minorities "biopiracy" or "bio-colonialism?" In our experience, some Sudanese immigrants have challenged the legality and ethics of genetic studies with profit-making as an end. We have concluded that it is essential to educate African immigrant or any other non-English-speaking immigrant participants in research using lay language and graphic illustrations before obtaining consent. Cultural proficiency is important in gaining the trust of African immigrants; profit-sharing may encourage their participation in genetic research to benefit all; involvement of African immigrant community leaders in planning, delivery and evaluation using the community-based participatory research approach will facilitate healthcare promotion, health literacy education, as well as genetic research. It is crucial to address the ethical, legal and social implications of genetic studies with African immigrants as research subjects.

  18. [The awareness of pediatricians about ethical legal issues of medical care provision].

    Science.gov (United States)

    Polunina, N V; Shmelev, I A; Konovalov, O A

    2016-01-01

    The implementation of rights of under-age patients in medical institutions in many ways depends on level of awareness of pediatricians about availability and mechanisms of legal guarantees provided to them by law and hence depends quality of medical care of children population. The study was carried out to analyze opinions of pediatricians about issues of implementation of rights of patients. The results are presented concerning sociological survey of 261 pediatricians of the Samarskaia oblast. The study established inadequate awareness of respondents about ethical legal issues of medicine and rate of application of knowledge about legal acts in practical activity. The awareness was higher among pediatricians of younger age with duration of professional work lesser than 10 years. This phenomenon is explained by inclusion of courses of biomedical ethics and medical law in educational programs of medical educational institutions during last decade. The direct dependence is established between awareness of pediatricians about issues of bioethics and the level of their qualification. The most of the respondents consider that the have sufficient level of knowledge about rights of children-patients and their parents related to reservation of medical secrecy, consent or refuse of parents to medical intervention and receiving full information about child's health. The overwhelming majority of pediatricians, independently of professional category and duration of service, provided this right implementing modern informational and collegiate model of interaction with parents of ill child and informed that always obtained their consent about medical care. However, such rights of children were limited by framework of child's health and ability for apprehending information about one's health and prospective medical intervention. All respondents participated in survey insisted that they never disclosed medical secrecy. The development of legal literacy of pediatricians by

  19. Ethical, legal and social implications of prenatal and preimplantation genetic testing for cancer susceptibility.

    Science.gov (United States)

    Wang, C-W; Hui, E C

    2009-01-01

    With the progress in cancer genetics and assisted reproductive technologies, it is now possible for cancer gene mutation carriers not only to reduce cancer mortality through the targeting of surveillance and preventive therapies, but also to avoid the birth of at-risk babies through the choice of different means of reproduction. Thus, the incidence of hereditary cancer syndromes may be decreased in the future. The integration of cancer genetic testing and assisted reproductive technologies raises certain ethical, legal and social issues beyond either genetic testing or assisted reproductive technology itself. In this paper, the reproductive decisions/choices of at-risk young couples and the ethical, legal and social concerns of prenatal genetic testing and preimplantation genetic diagnosis for susceptibility to hereditary cancer syndromes are discussed. Specifically, three ethical principles related to the integration of cancer genetic testing and assisted reproductive technologies, i.e. informed choice, beneficence to children and social justice, and their implications for the responsible translation of these medical techniques into common practice of preventive medicine are highlighted.

  20. Extubation versus tracheostomy in withdrawal of treatment-ethical, clinical, and legal perspectives.

    LENUS (Irish Health Repository)

    Chotirmall, Sanjay Haresh

    2010-06-01

    The provision of life-sustaining ventilation, such as tracheostomy to critically ill patients, is commonly performed. However, the utilization of tracheostomy or extubation after a withdrawal of treatment decision is debated. There is a dearth of practical information available to aid clinical decision making because withdrawal of treatment is a challenging scenario for all concerned. This is further complicated by medicolegal and ethical considerations. Care of the "hopelessly ill" patient should be based on daily evaluation and comfort making it impossible to fit into general algorithms. Although respect for autonomy is important in healthcare, it is limited for patients in an unconscious state. Beneficence remains the basis for withdrawing treatment in futile cases and underpins the "doctrine of double effect." This article presents a relevant clinical case of hypoxic brain injury where a question of withdrawal of treatment arose and examines the ethical, clinical, and medicolegal considerations inherent in such cases, including beneficence, nonmaleficence, and the "sanctity of life doctrine." In addition, the considerations of prognosis for recovery, patient autonomy, patient quality of life, and patient family involvement, which are central to decision making, are addressed. The varying legal frameworks that exist internationally regarding treatment withdrawal are also described. Good ethics needs sound facts, and despite the lack of legal foundation in several countries, withdrawal of treatment remains practiced, and the principles described within this article aim to aid clinician decision making during such complex and multifaceted end-of-life decisions.

  1. Ethical, legal and social issues to consider when designing a surrogacy law.

    Science.gov (United States)

    Ekberg, Merryn Elizabeth

    2014-03-01

    The aim of this article is to address the ethical, legal and social issues that arise when a woman becomes pregnant and gives birth to a child with the intention of surrendering this child to another woman or couple. The secondary aim is to offer some recommendations that will be beneficial for the lawmakers, policymakers and regulators who design and enforce the rules and regulations that govern surrogacy arrangements. The article considers both commercial and altruistic surrogacy and highlights some of the similarities and differences between the two. Beginning with the initial question of whether surrogacy should be legal, the controversial questions raised relate to the time before conception, during the pregnancy and after the birth of the child. The article concludes that surrogacy arrangements are ethical and should be legal because they enable the medically and socially infertile, including singles and same-sex couples, the opportunity to become parents and to enjoy the lifelong pleasures of parenthood. For many, this will be the strongest argument for the legalisation of surrogacy and the greatest benefit to arise from surrogacy arrangements.

  2. Developing a Scientific Virtue-Based Approach to Science Ethics Training.

    Science.gov (United States)

    Pennock, Robert T; O'Rourke, Michael

    2017-02-01

    Responsible conduct of research training typically includes only a subset of the issues that ought to be included in science ethics and sometimes makes ethics appear to be a set of externally imposed rules rather than something intrinsic to scientific practice. A new approach to science ethics training based upon Pennock's notion of the scientific virtues may help avoid such problems. This paper motivates and describes three implementations-theory-centered, exemplar-centered, and concept-centered-that we have developed in courses and workshops to introduce students to this scientific virtue-based approach.

  3. Genomics and infectious disease: a call to identify the ethical, legal and social implications for public health and clinical practice.

    Science.gov (United States)

    Geller, Gail; Dvoskin, Rachel; Thio, Chloe L; Duggal, Priya; Lewis, Michelle H; Bailey, Theodore C; Sutherland, Andrea; Salmon, Daniel A; Kahn, Jeffrey P

    2014-01-01

    Advances in genomics are contributing to the development of more effective, personalized approaches to the prevention and treatment of infectious diseases. Genetic sequencing technologies are furthering our understanding of how human and pathogen genomic factors - and their interactions - contribute to individual differences in immunologic responses to vaccines, infections and drug therapies. Such understanding will influence future policies and procedures for infectious disease management. With the potential for tailored interventions for particular individuals, populations or subpopulations, ethical, legal and social implications (ELSIs) may arise for public health and clinical practice. Potential considerations include balancing health-related benefits and harms between individuals and the larger community, minimizing threats to individual privacy and autonomy, and ensuring just distribution of scarce resources. In this Opinion, we consider the potential application of pathogen and host genomic information to particular viral infections that have large-scale public health consequences but differ in ELSI-relevant characteristics such as ease of transmission, chronicity, severity, preventability and treatability. We argue for the importance of anticipating these ELSI issues in advance of new scientific discoveries, and call for the development of strategies for identifying and exploring ethical questions that should be considered as clinical, public health and policy decisions are made.

  4. Ethical, Legal, and Social Implications of Personalized Genomic Medicine Research: Current Literature and Suggestions for the Future.

    Science.gov (United States)

    Callier, Shawneequa L; Abudu, Rachel; Mehlman, Maxwell J; Singer, Mendel E; Neuhauser, Duncan; Caga-Anan, Charlisse; Wiesner, Georgia L

    2016-11-01

    This review identifies the prominent topics in the literature pertaining to the ethical, legal, and social issues (ELSI) raised by research investigating personalized genomic medicine (PGM). The abstracts of 953 articles extracted from scholarly databases and published during a 5-year period (2008-2012) were reviewed. A total of 299 articles met our research criteria and were organized thematically to assess the representation of ELSI issues for stakeholders, health specialties, journals, and empirical studies. ELSI analyses were published in both scientific and ethics journals. Investigational research comprised 45% of the literature reviewed (135 articles) and the remaining 55% (164 articles) comprised normative analyses. Traditional ELSI concerns dominated the discourse including discussions about disclosure of research results. In fact, there was a dramatic increase in the number of articles focused on the disclosure of research results and incidental findings to research participants. Few papers focused on particular disorders, the use of racial categories in research, international communities, or special populations (e.g., adolescents, elderly patients, or ethnic groups). Considering that strategies in personalized medicine increasingly target individuals' unique health conditions, environments, and ancestries, further analysis is needed on how ELSI scholarship can better serve the increasingly global, interdisciplinary, and diverse PGM research community. © 2016 John Wiley & Sons Ltd.

  5. Implementing risk-stratified screening for common cancers: a review of potential ethical, legal and social issues.

    Science.gov (United States)

    Hall, A E; Chowdhury, S; Hallowell, N; Pashayan, N; Dent, T; Pharoah, P; Burton, H

    2014-06-01

    The identification of common genetic variants associated with common cancers including breast, prostate and ovarian cancers would allow population stratification by genotype to effectively target screening and treatment. As scientific, clinical and economic evidence mounts there will be increasing pressure for risk-stratified screening programmes to be implemented. This paper reviews some of the main ethical, legal and social issues (ELSI) raised by the introduction of genotyping into risk-stratified screening programmes, in terms of Beauchamp and Childress's four principles of biomedical ethics--respect for autonomy, non-maleficence, beneficence and justice. Two alternative approaches to data collection, storage, communication and consent are used to exemplify the ELSI issues that are likely to be raised. Ultimately, the provision of risk-stratified screening using genotyping raises fundamental questions about respective roles of individuals, healthcare providers and the state in organizing or mandating such programmes, and the principles, which underpin their provision, particularly the requirement for distributive justice. The scope and breadth of these issues suggest that ELSI relating to risk-stratified screening will become increasingly important for policy-makers, healthcare professionals and a wide diversity of stakeholders. © The Author 2013. Published by Oxford University Press on behalf of Faculty of Public Health.

  6. The Value, Protocols, and Scientific Ethics of Earthquake Forecasting

    Science.gov (United States)

    Jordan, Thomas H.

    2013-04-01

    Earthquakes are different from other common natural hazards because precursory signals diagnostic of the magnitude, location, and time of impending seismic events have not yet been found. Consequently, the short-term, localized prediction of large earthquakes at high probabilities with low error rates (false alarms and failures-to-predict) is not yet feasible. An alternative is short-term probabilistic forecasting based on empirical statistical models of seismic clustering. During periods of high seismic activity, short-term earthquake forecasts can attain prospective probability gains up to 1000 relative to long-term forecasts. The value of such information is by no means clear, however, because even with hundredfold increases, the probabilities of large earthquakes typically remain small, rarely exceeding a few percent over forecasting intervals of days or weeks. Civil protection agencies have been understandably cautious in implementing operational forecasting protocols in this sort of "low-probability environment." This paper will explore the complex interrelations among the valuation of low-probability earthquake forecasting, which must account for social intangibles; the protocols of operational forecasting, which must factor in large uncertainties; and the ethics that guide scientists as participants in the forecasting process, who must honor scientific principles without doing harm. Earthquake forecasts possess no intrinsic societal value; rather, they acquire value through their ability to influence decisions made by users seeking to mitigate seismic risk and improve community resilience to earthquake disasters. According to the recommendations of the International Commission on Earthquake Forecasting (www.annalsofgeophysics.eu/index.php/annals/article/view/5350), operational forecasting systems should appropriately separate the hazard-estimation role of scientists from the decision-making role of civil protection authorities and individuals. They should

  7. Implications of the ethical-legal framework for adolescent HIV vaccine trials--report of a consultative forum.

    Science.gov (United States)

    Slack, Catherine; Strode, Ann; Grant, Catherine; Milford, Cecilia

    2005-09-01

    The ethical-legal framework in South Africa is in a period of transition, with a number of new developments changing the substantive principles and procedures for health research in the country. Some of the changing dynamics include both law reform and the review of ethical guidelines. This changing environment poses many complexities for researchers, research ethics committees and participating communities involved in planning, implementing and reviewing research with child participants, including HIV vaccine trials. This paper presents the major themes and outcomes of a consultative meeting convened by the HIV AIDS Vaccines Ethics Group in July 2004 for key stakeholder groups. At this forum participants discussed the complexities posed by a transitional and sometimes contradictory ethical-legal framework and how the framework could be improved to simultaneously promote critical research and the welfare of child participants.

  8. Introduction to the article collection 'Translation in healthcare: ethical, legal, and social implications'.

    Science.gov (United States)

    Morrison, Michael; Dickenson, Donna; Lee, Sandra Soo-Jin

    2016-11-14

    New technologies are transforming and reconfiguring the boundaries between patients, research participants and consumers, between research and clinical practice, and between public and private domains. From personalised medicine to big data and social media, these platforms facilitate new kinds of interactions, challenge longstanding understandings of privacy and consent, and raise fundamental questions about how the translational patient pathway should be organised.This editorial introduces the cross-journal article collection "Translation in healthcare: ethical, legal, and social implications", briefly outlining the genesis of the collection in the 2015 Translation in healthcare conference in Oxford, UK and providing an introduction to the contemporary ethical challenges of translational research in biology and medicine accompanied by a summary of the papers included in this collection.

  9. Adhering to scientific and ethical criteria for scholarship of teaching ...

    African Journals Online (AJOL)

    , clear guidelines for ethical criteria for SoTL, and the implementation thereof remain limited. In this paper we critically reflect on how the ethics criteria and processes impact on lecturer engagement in SoTL, and we provide suggestions for ...

  10. Ethical and legal issues in caring for asylum seekers and refugees in the UK.

    Science.gov (United States)

    Hamill, M; McDonald, L; Brook, G; Murphy, S

    2004-11-01

    Inward migration to the UK remains topical and controversial as numbers continue to increase. Many immigrants have specific health care needs and may shoulder a large burden of infectious disease. Imposition of legal constraints can have a huge impact on the medical care afforded to immigrants. Currently UK policy is to treat, free of charge and with NHS resources, those who fulfil specific criteria. However an increasing number are being asked to pay for their treatment. Many health care professionals are confused as to current legal restrictions and require guidance on the associated ethical issues. We concentrate on provision of care to HIV positive individuals and use cases to illustrate some of the issues. However these issues are equally pertinent to practitioners in all branches of medicine.

  11. Legal and ethical issues of using brain imaging to diagnose pain

    Directory of Open Access Journals (Sweden)

    Karen D. Davis

    2016-10-01

    Full Text Available Abstract. Pain, by definition, is a subjective experience, and as such its presence has usually been based on a self-report. However, limitations of self-reports for pain diagnostics, particularly for legal and insurance purposes, has led some to consider a brain-imaging–based objective measure of pain. This review will provide an overview of (1 differences between pain and nociception, (2 intersubject variability in pain perception and the associated brain structures and functional circuits, and (3 capabilities and limitations of current brain-imaging technologies. I then discuss how these factors impact objective proxies of pain. Finally, the ethical, privacy, and legal implications of a brain-imaging–based objective measure of pain are considered as potential future technological developments necessary to create a so-called “painometer test.”

  12. Legal, ethical and professional aspects of duty of care for nurses.

    Science.gov (United States)

    Dowie, Iwan

    2017-12-13

    Duty of care is a fundamental aspect of nursing, and many nurses consider this to be an important part of their professional duties as a nurse. However, the legal underpinnings of duty of care are often overlooked, and, as such, nurses may be unsure about when to act if they encounter emergency situations or serious incidents, especially when they are off duty. This article examines the legal, ethical and professional aspects of duty of care, what these mean for nurses in practice, and how duty of care is intrinsically linked with standards of care and negligence. ©2017 RCN Publishing Company Ltd. All rights reserved. Not to be copied, transmitted or recorded in any way, in whole or part, without prior permission of the publishers.

  13. Operating within the legal and ethical framework to gain co-operation when imaging paediatric patients

    International Nuclear Information System (INIS)

    Harvey-Lloyd, Jane M.

    2013-01-01

    This paper discusses the challenges faced by radiographers when imaging children. Using Maslow's Hierarchy of Needs as a framework it presents a logical exploration of the complex issues associated with imaging children and considers the legal and ethical framework alongside the nature of motivation and importance of gaining cooperation of the child and their carer(s). It is evident that a good knowledge of child development, child psychology and distraction techniques would enhance the family experience when attending for imaging examinations. Radiographers must continually familiarise themselves with current legislation affecting their practice and ensure that they continue to provide an optimum service for children and their carer(s). It may be advisable for post-registration courses to be offered to existing practitioners and for the Society and College of Radiographers to consider appointing a professional officer with expertise in paediatric imaging to offer legal advice and to support safe practice

  14. Professional, legal, and ethical issues raised by behavioral screening for unescorted access to nuclear power plants

    International Nuclear Information System (INIS)

    Hurst, M.W.; Roiter, W.A.

    1985-01-01

    Potential professional, legal, and ethical liabilities are addressed concerning the overall process for unescorted access at nuclear power plants. The authors suggest means by which action can be taken to reduce liability on behalf of utilities, contractors, and behavioral evaluators. Three main points are discussed based on the authors' experience in conducting behavioral evaluations and defending those evaluations. The authors hope that the process of evaluation screening can become more professional and will be considered with the same quality controls as the selection of materials and the building of a nuclear power plant

  15. ELSI Bibliography: Ethical legal and social implications of the Human Genome Project

    Energy Technology Data Exchange (ETDEWEB)

    Yesley, M.S. [comp.

    1993-11-01

    This second edition of the ELSI Bibliography provides a current and comprehensive resource for identifying publications on the major topics related to the ethical, legal and social issues (ELSI) of the Human Genome Project. Since the first edition of the ELSI Bibliography was printed last year, new publications and earlier ones identified by additional searching have doubled our computer database of ELSI publications to over 5600 entries. The second edition of the ELSI Bibliography reflects this growth of the underlying computer database. Researchers should note that an extensive collection of publications in the database is available for public use at the General Law Library of Los Alamos National Laboratory (LANL).

  16. Ethical, legal and social implications of incorporating personalized medicine into healthcare.

    Science.gov (United States)

    Brothers, Kyle B; Rothstein, Mark A

    As research focused on personalized medicine has developed over the past decade, bioethics scholars have contemplated the ethical, legal and social implications of this type of research. In the next decade, there will be a need to broaden the focus of this work as personalized medicine moves into clinical settings. We consider two broad issues that will grow in importance and urgency. First, we analyze the consequences of the significant increase in health information that will be brought about by personalized medicine. Second, we raise concerns about the potential of personalized medicine to exacerbate existing disparities in healthcare.

  17. Brain imaging tests for chronic pain: medical, legal and ethical issues and recommendations.

    Science.gov (United States)

    Davis, Karen D; Flor, Herta; Greely, Henry T; Iannetti, Gian Domenico; Mackey, Sean; Ploner, Markus; Pustilnik, Amanda; Tracey, Irene; Treede, Rolf-Detlef; Wager, Tor D

    2017-10-01

    Chronic pain is the greatest source of disability globally and claims related to chronic pain feature in many insurance and medico-legal cases. Brain imaging (for example, functional MRI, PET, EEG and magnetoencephalography) is widely considered to have potential for diagnosis, prognostication, and prediction of treatment outcome in patients with chronic pain. In this Consensus Statement, a presidential task force of the International Association for the Study of Pain examines the capabilities of brain imaging in the diagnosis of chronic pain, and the ethical and legal implications of its use in this way. The task force emphasizes that the use of brain imaging in this context is in a discovery phase, but has the potential to increase our understanding of the neural underpinnings of chronic pain, inform the development of therapeutic agents, and predict treatment outcomes for use in personalized pain management. The task force proposes standards of evidence that must be satisfied before any brain imaging measure can be considered suitable for clinical or legal purposes. The admissibility of such evidence in legal cases also strongly depends on laws that vary between jurisdictions. For these reasons, the task force concludes that the use of brain imaging findings to support or dispute a claim of chronic pain - effectively as a pain lie detector - is not warranted, but that imaging should be used to further our understanding of the mechanisms underlying pain.

  18. Protected health information on social networking sites: ethical and legal considerations.

    Science.gov (United States)

    Thompson, Lindsay A; Black, Erik; Duff, W Patrick; Paradise Black, Nicole; Saliba, Heidi; Dawson, Kara

    2011-01-19

    setting of medical mission trips. Trainees need to learn to equate standards of patient privacy in all medical contexts using both legal and ethical arguments to maintain the highest professional principles. We propose three practical guidelines. First, there should be a legal resource for physicians traveling on medical mission trips such as an online list of local laws, or a telephone legal contact. Second, institutions that organize medical mission trips should plan an ethics seminar prior the departure on any trip since the legal and ethical implications may not be intuitive. Finally, at minimum, traveling physicians should apply the strictest legal precedent to any situation.

  19. Protected Health Information on Social Networking Sites: Ethical and Legal Considerations

    Science.gov (United States)

    2011-01-01

    privacy, they only seem to make this lapse in the setting of medical mission trips. Trainees need to learn to equate standards of patient privacy in all medical contexts using both legal and ethical arguments to maintain the highest professional principles. We propose three practical guidelines. First, there should be a legal resource for physicians traveling on medical mission trips such as an online list of local laws, or a telephone legal contact. Second, institutions that organize medical mission trips should plan an ethics seminar prior the departure on any trip since the legal and ethical implications may not be intuitive. Finally, at minimum, traveling physicians should apply the strictest legal precedent to any situation. PMID:21247862

  20. Should commercial organ donation be legalized in Germany? An ethical discourse.

    Science.gov (United States)

    Keller, F; Winkler, U; Mayer, J; Stracke, S

    2007-03-01

    We evaluated the arguments pro and con concerning kidney sales from a German perspective. At present, we see social, medical, and ethical reasons why organ selling should not be legalized in Germany. Legalization of organ selling would weaken the principle of solidarity within the German health system. Conversely, profit making will undermine the principle of social justice. Within the present social system in Germany, there is no economic pressure to sell an organ to save life, and there is no medical need to buy a kidney. Also, there exists the risk that opening the market for organ sales will de-motivate potential directed organ donors. Relatives would have more doubts about giving their consent to donate organs of their deceased. Moreover, the historical experience with the "action T4" of the Nazi regime sensitized German society for the categorical imperative set forth by Immanuel Kant (1724-1804), namely that man is not a means, but an end to himself. By selling one's kidney, the donor uses himself as a means and as an instrument for the end result of gaining money. With directed organ donation, the welfare of the recipient is the end result. The pending reform of the German health system needs a more communitarian sense, which will be eroded should organs be sold and no longer donated as gifts. Germany's special historical experience and a deeply embedded consent toward ethical values give reason for the prohibition of organ selling in Germany.

  1. The Ethical and Legal Dilemma in Terminating the Physician-Patient Relationship.

    Science.gov (United States)

    Senderovitch, Helen

    2016-05-01

    A physician-patient relationship is essential for the well-being of the patient, for without a strong and trusting relationship between both individuals, the patient may not receive the best care that they deserve. There are many legal policies and ethical principles a physician must follow when caring for a patient. It is both the legal and moral duty of the physician to act in the best interests of their patients, while making sure to respect them regardless of background and personal behaviours. The relationship is secured with both trust and respect, for without trust, the patient may hold back from stating their conditions which will result in the physician not providing them with all the care they require. Sometimes, lack of some of these key characteristics of the physician-patient relationship and other circumstances, may cause either the patient or the physician to terminate the relationship. Termination of a relationship creates a difficult situation for the patient, and therefore there are only specific situations where a physician may have permission to follow through and terminate their relationship. Both the law and ethical principles play a role in the decisions made by the physician in regards to their relationship with the patient, but regardless, the physician has the obligation to make sure their patient is receiving care by one means or another.

  2. Property and privacy paradigms of "marketable spit": an ethical and legal counterpart to blood?

    Science.gov (United States)

    Vernillo, Anthony Thomas; Wolpe, Paul Root

    2010-01-01

    Major advances in the testing of oral fluid (e.g., saliva) may lead to the diagnosis and treatment of previously undiagnosed conditions and may enable dentists to manage oral disease more effectively. Such use of another body fluid, blood, is already well established. Blood is a complex tissue that has been extensively researched and is now used for a wide variety of diagnostic tests. It is also regarded as a form of property with ethical and legal dimensions. If saliva is to fulfill a similar role, it should perhaps be granted those same protections. This paper advances the concept that saliva should be considered a form of property, possibly within personal biological materials law. The emerging potential for the development of marketable products from oral fluids raises the issue of protecting the research participant's ethical and legal rights. In particular, violation of privacy and genetic discrimination may arise from the testing of salivary DNA. Respect for autonomy requires that the clinician inform a patient or research participant about his or her rights to property and privacy as these may pertain to oral fluid.

  3. Regulating Gamete Donation in the U.S.: Ethical, Legal and Social Implications

    Directory of Open Access Journals (Sweden)

    Maya Sabatello

    2015-07-01

    Full Text Available This article explores the practice of gamete donation in the U.S. having in mind the larger question of what do we as a society owe children born as a result (donor-conceived children. Do recipient-parents have a duty to tell their donor-conceived child about his/her genetic origins? Should the identity of the donor be disclosed or remain anonymous? Does the child have a right to know her conception story and to receive information, including identifying information, about the donor? Furthermore, if a donor-conceived child has a right to know, who has the duty to tell her/him about it? The Article underscores the ethical, legal and social dilemmas that arise, comparing and contrasting with international developments in this arena. It highlights the market-based and more specific medical justifications for regulating this field, explores the emerging so-called right of the child to know his/her genetic origins (“the right to know”, and considers the challenges such a right evokes to existing legal culture and principles of medical ethics in the U.S. as well as other broader societal implications of such a right.

  4. Regulating Gamete Donation in the U.S.: Ethical, Legal and Social Implications.

    Science.gov (United States)

    Sabatello, Maya

    2015-09-01

    This article explores the practice of gamete donation in the U.S. having in mind the larger question of what do we as a society owe children born as a result (donor-conceived children). Do recipient-parents have a duty to tell their donor-conceived child about his/her genetic origins? Should the identity of the donor be disclosed or remain anonymous? Does the child have a right to know her conception story and to receive information, including identifying information, about the donor? Furthermore, if a donor-conceived child has a right to know, who has the duty to tell her/him about it? The Article underscores the ethical, legal and social dilemmas that arise, comparing and contrasting with international developments in this arena. It highlights the market-based and more specific medical justifications for regulating this field, explores the emerging so-called right of the child to know his/her genetic origins ("the right to know"), and considers the challenges such a right evokes to existing legal culture and principles of medical ethics in the U.S. as well as other broader societal implications of such a right.

  5. Personalized Medicine in a New Genomic Era: Ethical and Legal Aspects.

    Science.gov (United States)

    Shoaib, Maria; Rameez, Mansoor Ali Merchant; Hussain, Syed Ather; Madadin, Mohammed; Menezes, Ritesh G

    2017-08-01

    The genome of two completely unrelated individuals is quite similar apart from minor variations called single nucleotide polymorphisms which contribute to the uniqueness of each and every person. These single nucleotide polymorphisms are of great interest clinically as they are useful in figuring out the susceptibility of certain individuals to particular diseases and for recognizing varied responses to pharmacological interventions. This gives rise to the idea of 'personalized medicine' as an exciting new therapeutic science in this genomic era. Personalized medicine suggests a unique treatment strategy based on an individual's genetic make-up. Its key principles revolve around applied pharmaco-genomics, pharmaco-kinetics and pharmaco-proteomics. Herein, the ethical and legal aspects of personalized medicine in a new genomic era are briefly addressed. The ultimate goal is to comprehensively recognize all relevant forms of genetic variation in each individual and be able to interpret this information in a clinically meaningful manner within the ambit of ethical and legal considerations. The authors of this article firmly believe that personalized medicine has the potential to revolutionize the current landscape of medicine as it makes its way into clinical practice.

  6. Biomedical research involving patients with disorders of consciousness: ethical and legal dimensions

    Directory of Open Access Journals (Sweden)

    Michele Farisco

    2014-09-01

    Full Text Available The directive 2001/20/UE and the research involving patients with docs. Research involving patients with disorders of consciousness (DOCs deserves special ethical and legal attention because of its Janus-faced nature. On the one hand, it raises concerns about the risk to expose the involved subjects to disproportionate risks not respecting their individual dignity, particularly their right to be cared for; on the other hand, research is an essential tool in order to improve the clinical condition of patients with DOCs. The present paper concerns the ethical and legal dimensions of biomedical research involving patients with disorders of consciousness. In particular, it focuses on informed consent to experimental treatments, which is a challenging issue both from an ethical and legal point of view. The first part reads the Directive 2001/20/EU in the light of the experimentation of patients with DOCs, and suggests a revision in order to better assess the issue of informed consent. The particular case of informed consent for observational studies of non-communicative patients. The second part presents an informed consent form for studies through video-recording of patients unable to communicate their own consent. This form has been elaborated by the bioethics unit of the project "Review of the nosography of vegetative states: application of methods of behavioral analysis to individuals in coma or vegetative state" developed at the Italian National Institute of Health. Relevance of the suggested form. The paper describes the conceptual framework of the form for informed consent to studies through video-recoding, which is a relevant example of what issues should be included in an informed consent for any type of studies through video-recording of patients unable to express their own consent. The article has been sent on November the 7th 2013, before the adoption of the Regulation (EU no. 536/2014 (and consequent abrogation of the Directive 2001

  7. Ethical and Legal Considerations in Biometric Data Usage—Bulgarian Perspective

    Directory of Open Access Journals (Sweden)

    Jordan Deliversky

    2018-02-01

    Full Text Available Ethical and legal considerations with regards to biometric data usage are directly related to the right to protection of personal data, which is part of the rights protected under the European Convention of human rights. Specific protection is required to the process and use of sensitive data which reveals certain personal characteristic and is related to the health status of individuals. Biometric data and information on individual upon which people could be identified based on specifics and distinguishing signs. Bulgaria, as a country progressing in terms of integration of digital technologies and as a European Union member state has adopted international and universal legal instruments related on the procession and use of digital data and data protection. On legislative and ethical grounds, it has been established the particular importance of not violating human rights and individual freedoms when processing and using personal data. It has been noted that the processing of special categories of personal data may be necessary for reasons of public interest in the field of public health and that is why under such circumstances it has been permitted the procession to be carried on without the consent of the data subject. Lack of transparency and lawfulness of the processing of personal data could lead to physical, tangible, or intangible damages where processing could lead to discrimination, identity theft, or identity fraud as a result of which may be significant adverse economic or social consequences. Increasingly, widespread use of biometrics in the implementation of medical activities requires the application of a new approach in terms of awareness regarding existing risks to the rights, ethics, and freedoms of all of us, as a user of medical service.

  8. Ethical and Legal Considerations in Biometric Data Usage-Bulgarian Perspective.

    Science.gov (United States)

    Deliversky, Jordan; Deliverska, Mariela

    2018-01-01

    Ethical and legal considerations with regards to biometric data usage are directly related to the right to protection of personal data, which is part of the rights protected under the European Convention of human rights. Specific protection is required to the process and use of sensitive data which reveals certain personal characteristic and is related to the health status of individuals. Biometric data and information on individual upon which people could be identified based on specifics and distinguishing signs. Bulgaria, as a country progressing in terms of integration of digital technologies and as a European Union member state has adopted international and universal legal instruments related on the procession and use of digital data and data protection. On legislative and ethical grounds, it has been established the particular importance of not violating human rights and individual freedoms when processing and using personal data. It has been noted that the processing of special categories of personal data may be necessary for reasons of public interest in the field of public health and that is why under such circumstances it has been permitted the procession to be carried on without the consent of the data subject. Lack of transparency and lawfulness of the processing of personal data could lead to physical, tangible, or intangible damages where processing could lead to discrimination, identity theft, or identity fraud as a result of which may be significant adverse economic or social consequences. Increasingly, widespread use of biometrics in the implementation of medical activities requires the application of a new approach in terms of awareness regarding existing risks to the rights, ethics, and freedoms of all of us, as a user of medical service.

  9. Ethical Legal and Social Issues of Biobanking: Past, Present, and Future.

    Science.gov (United States)

    Bledsoe, Marianna J

    2017-04-01

    The past 15 years has seen considerable changes in the research environment. These changes include the development of new sophisticated genetic and genomic technologies, a proliferation of databases containing large amount of genotypic and phenotypic data, and wide-spread data sharing among many institutions, nationally and internationally. These changes have raised new questions regarding how best to protect the participants of biobanking research. In response to these questions, best practices for addressing the legal, ethical, and social issues of biobanking have been developed. In addition, new ethical guidelines related to biobanking have been established, as well as new regulations regarding privacy and human subject protections. Finally, changes in the science and the research environment have raised complex ethical issues related to biobanking, such as questions about the most appropriate consent models to use for biobanking research, commercial use and ownership issues, and whether and how to return individual research results to biobank participants. This article reviews some of the developments over the past 15 years related to the ELSI of biobanking with a look toward the future.

  10. Scientific-practical and legal problems of implementation of the personalized medicine.

    Science.gov (United States)

    Bezdieniezhnykh, N O; Reznikova, V V; Rossylna, O V

    2017-09-01

    The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

  11. Genetic Testing between Private and Public Interests: Some Legal and Ethical Reflections.

    Science.gov (United States)

    Sándor, Judit

    2018-01-01

    In Europe, there is a wide variety of genetic tests that various private companies offer to patients or to consumers. More and more people have become curious about their genetic predisposition and susceptibility. Most public health-care systems, however, are not adequately prepared for responding to these new demands and to the results of these genetic tests as, quite often, there is no available therapy for the identified genetic condition. This discrepancy between the newly emerging expectations and the insufficient responses contributes to a further rift between the public and private sectors of health care. Individual genetic test results may also trigger the need for personalized medicine and may open up a competition between the two fields in offering further genetic tests and medical exams. Pro-active patients may need a different kind of information on genetic tests and their implications. In this context, how should the public health system deal with the challenges of private testing? Will private genetic testing transform health care from a solidarity-based system to an individualistic one? In this paper, I would like to explore the emerging legal and ethical issues related to genetic testing and the relevant legal framework that has developed so far. In the conclusion, I will examine the possibilities of further legal development.

  12. Genetic Testing between Private and Public Interests: Some Legal and Ethical Reflections

    Directory of Open Access Journals (Sweden)

    Judit Sándor

    2018-01-01

    Full Text Available In Europe, there is a wide variety of genetic tests that various private companies offer to patients or to consumers. More and more people have become curious about their genetic predisposition and susceptibility. Most public health-care systems, however, are not adequately prepared for responding to these new demands and to the results of these genetic tests as, quite often, there is no available therapy for the identified genetic condition. This discrepancy between the newly emerging expectations and the insufficient responses contributes to a further rift between the public and private sectors of health care. Individual genetic test results may also trigger the need for personalized medicine and may open up a competition between the two fields in offering further genetic tests and medical exams. Pro-active patients may need a different kind of information on genetic tests and their implications. In this context, how should the public health system deal with the challenges of private testing? Will private genetic testing transform health care from a solidarity-based system to an individualistic one? In this paper, I would like to explore the emerging legal and ethical issues related to genetic testing and the relevant legal framework that has developed so far. In the conclusion, I will examine the possibilities of further legal development.

  13. Teaching Scientific Ethics Using the Example of Hendrik Schon

    Science.gov (United States)

    Feldman, Bernard J.

    2012-01-01

    It has been almost 10 years since one of the greatest frauds in the history of physics was uncovered, namely, the case of Hendrik Schon. This case provides a wonderful opportunity to discuss scientific integrity and scientific misconduct with both undergraduate and graduate science students. This article explains the scientific data at the heart…

  14. Ethical and legal aspects of medical exposure to ionizing radiation in the Netherlands in the year 2000

    International Nuclear Information System (INIS)

    Rijlaarsdam, J.

    2001-01-01

    In ancient times in Greece lived a very wise man. He told physicians; when you treat patients be aware you will 'do good and no harm'. From this specific point of view I kindly ask attention for legal and ethical dimensions of medical exposures of ionizing radiation. This paper gives first a resume of the basic safety standards for radiation protection. Second it gives the legal instruments a patient in the Netherlands has to exercise his right of self-determination. Third, it pays attention to a basic ethical norm for professional attitude. And finally, it brings forward a guideline for self regulation by professionals. (author)

  15. Should Postponing Motherhood via “Social Freezing” Be Legally Banned? An Ethical Analysis

    Directory of Open Access Journals (Sweden)

    Stephanie Bernstein

    2014-06-01

    Full Text Available In industrial societies, women increasingly postpone motherhood. While men do not fear a loss of fertility with age, women face the biological boundary of menopause. The freezing of unfertilized eggs can overcome this biological barrier. Due to technical improvements in vitrification, so-called “social freezing” (SF for healthy women is likely to develop into clinical routine. Controversial ethical debates focus on the risks of the technique for mother and child, the scope of reproductive autonomy, and the medicalization of reproduction. Some criticize the use of the technique in healthy women in general, while others support a legally defined maximum age for women at the time of an embryo transfer after oocyte cryopreservation. Since this represents a serious encroachment on the reproductive autonomy of the affected women, the reasons for and against must be carefully examined. We analyze arguments for and against SF from a gendered ethical perspective. We show that the risk of the cryopreservation of oocytes for mother and future child is minimal and that the autonomy of the women involved is not compromised. The negative ethical evaluation of postponed motherhood is partly due to a biased approach highlighting only the medical risks for the female body without recognizing the potential positive effects for the women involved. In critical accounts, age is associated in an undifferentiated way with morbidity and psychological instability and is thus used in a discriminatory way. We come to the conclusion that age as a predictor of risk in the debate about SF is, from an ethical point of view, an empty concept based on gender stereotypes and discriminatory connotations of aging. A ban on postponing motherhood via SF is not justified.

  16. Ethical, Legal and Social Issues in Japan on the Determination of Blood Relationship via DNA Testing.

    Science.gov (United States)

    Toya, Waki

    2017-01-01

    DNA paternity testing has recently become more widely available in Japan. The aim of this paper is to examine the issues surrounding (1) the implementing agency, whether the testing is conducted in a commercial direct-to-consumer (DTC) setting or a judicial non-DTC setting, and (2) the implementation conditions and more specifically the legal capacity of the proband (test subject). Literature research in Japanese and English was conducted. Some countries prohibit commercial DNA testing without the consent of the proband or her or his legally authorized representative. But as in some cases, the results of DTC paternity testing have proven to be unreliable. I propose a complete prohibition of DTC DNA paternity testing in Japan. In many cases of paternity testing, the proband is a minor. This has led to debate about whether proxy consent is sufficient for paternity testing or whether additional safeguards (such as a court order) are required. In cases where commercial DNA testing has been conducted and the test results are produced in court as evidence, the court must judge whether or not to admit these results as evidence. Another important issue is whether or not paternity testing should be legally mandated in certain cases. If we come to the conclusion that DNA test results are the only way to conclusively establish a parent-child relationship, then our society may prioritize even more genetic relatedness over other conceptions of a parent-child relationship. This prioritization could adversely affect families created through assisted reproductive technology (ART), especially in situations where children are not aware of their biological parentage. This paper argues for a complete prohibition of DTC DNA paternity testing in Japan, and highlights that broader ethical and legal deliberation on such genetic services is required.

  17. Ethical Justification of Moral Norms in Scientific Research: Scientists' External Responsibilities

    Directory of Open Access Journals (Sweden)

    Mehmet AKÖZER

    2015-09-01

    Full Text Available Scientists' moral responsibilities have become a focus for the scientific community over the postwar decades. International and regional networks of leading academic bodies have responded to a widely perceived increase in scientific fraud and the ensued loss of public trust in science during the 1980s, and initiated a discussion with a view to codifying good practice in research. While scientists' “external” responsibilities towards society and the humankind have been variously addressed, codes drafted since then mainly dwell on problems of misconduct concerning scientists' “internal” responsibilities towards science and to the scientific community. They also reflect an ethical pluralism, which declines justifying moral standards in research with reference to universal ethical principles. However, the need for such justification has been first recognized decades ago, during the Doctor's Trial in Nuremberg, where the shortcomings of the established ethos of science and the inadequacy of the Hippocratic ethics in safeguarding human rights in research had become flagrant, with the resultant Nuremberg Code of 1947 introducing a human rights perspective into Hippocratic ethics. This paper argues for the necessity of an integral ethical justification of scientists' both external and inner responsibilities, as put down or assumed by internationally acclaimed codes of conduct. Such necessity is validated by the evidence that a historical current to monopolize ethical thinking in the name of science and nullify philosophical ethics lies at the root of an anti–morality that relativized human worth and virtually legitimized human rights violations in scientific practice. Kantian ethics based on humans' absolute inner worth, and Popperian epistemology rooted in respect for truth and for humans as rational beings, pledge an ethical justification of moral norms in science so as to reinforce the latter against intrusions of anti–morality. The paper

  18. Advance Directives of Will (Living Will: Ethical and Legal Implications Based on the Principle of Dignity of Human Person

    Directory of Open Access Journals (Sweden)

    Maria Aparecida Alkimim

    2016-12-01

    Full Text Available This paper, with methodology of philosophical, bibliographical and documentary research intends to apply the principle of dignity of human person to the vicissitudes around the advance directives of will, to the ethical aspects disciplined by the Code of Medical Ethics, as well as to what regards the legal aspects, involving the Federal Constitution, the Civil Code, the Code of Medical Ethics and the Resolution 1995/2012 (CFM. The principle of dignity of human person along with the consequent application in the principles of bioethics is considered in a personalistic perspective. This kind of approach is indicative of the interdisciplinarity of bioethics.

  19. [Involuntary treatment of mental patients in the community: legal and ethical dilemmas].

    Science.gov (United States)

    Mitrossili, M

    2014-01-01

    continues to divide the psychiatric and legal word for it causes intense questioning from a legal, ethical, deontological and clinical aspect, as it offends fundamental rights of the individual. In a legal civilization, in which the principle of informed consent or refusal constitutes a basic rule of the lawfulness of the medical and psychiatric act, any divergence from this rule has consequences for the patients and affects a well-tempered therapeutic treatment. The above mentioned measure could be counterbalanced by the legal regulation of advance directives and the provision for the appointment of a proxy person by the mental patient.

  20. Digital Manipulation in Scientific Images: Some Ethical Considerations.

    Science.gov (United States)

    Hayden, James E.

    2000-01-01

    Discusses the importance of images in the publishing and presentation of scientific research. Explains the use of photographs as scientific data in research. Lists some reasons for the manipulation of images, and clarifies the acceptable and unacceptable limits of manipulation and image manipulation policy. (Author/YDS)

  1. Ethical, legal, and social implications of incorporating genomic information into electronic health records.

    Science.gov (United States)

    Hazin, Ribhi; Brothers, Kyle B; Malin, Bradley A; Koenig, Barbara A; Sanderson, Saskia C; Rothstein, Mark A; Williams, Marc S; Clayton, Ellen W; Kullo, Iftikhar J

    2013-10-01

    The inclusion of genomic data in the electronic health record raises important ethical, legal, and social issues. In this article, we highlight these challenges and discuss potential solutions. We provide a brief background on the current state of electronic health records in the context of genomic medicine, discuss the importance of equitable access to genome-enabled electronic health records, and consider the potential use of electronic health records for improving genomic literacy in patients and providers. We highlight the importance of privacy, access, and security, and of determining which genomic information is included in the electronic health record. Finally, we discuss the challenges of reporting incidental findings, storing and reinterpreting genomic data, and nondocumentation and duty to warn family members at potential genetic risk.

  2. Immunization for prevention and treatment of cocaine abuse: legal and ethical implications.

    Science.gov (United States)

    Cohen, P J

    1997-12-15

    A cocaine vaccine, currently under investigation by several laboratories, would be an innovative and exciting means of treating and preventing cocaine addiction. However, an approved vaccine will raise at least two major areas of concern. (1) Loss of privacy: cocaine antibodies might be used as a marker to identify, penalize, and stigmatize vaccinated individuals. (2) Selection for vaccination: should immunization be voluntary or compelled: should immunization be restricted to addicts, to those at risk of addiction, or should it be universal; should immunization be used in children? I propose to analogize cocaine addiction to an infectious disease which poses a major public health problem. This approach can provide an ethical and legal foundation on which we may begin to formulate a societal approach to the use of the cocaine vaccine.

  3. Noninvasive Prenatal Genetic Testing: Current and Emerging Ethical, Legal, and Social Issues.

    Science.gov (United States)

    Minear, Mollie A; Alessi, Stephanie; Allyse, Megan; Michie, Marsha; Chandrasekharan, Subhashini

    2015-01-01

    Noninvasive prenatal genetic testing (NIPT) for chromosomal aneuploidy involving the analysis of cell-free fetal DNA became commercially available in 2011. The low false-positive rate of NIPT, which reduces unnecessary prenatal invasive diagnostic procedures, has led to broad clinician and patient adoption. We discuss the ethical, legal, and social issues raised by rapid and global dissemination of NIPT. The number of women using NIPT is anticipated to expand, and the number of conditions being tested for will continue to increase as well, raising concerns about the routinization of testing and negative impacts on informed decision making. Ensuring that accurate and balanced information is available to all pregnant women and that access to NIPT is equitable will require policy guidance from regulators, professional societies, and payers. Empirical evidence about stakeholders' perspectives and experiences will continue to be essential in guiding policy development so that advances in NIPT can be used effectively and appropriately to improve prenatal care.

  4. Prison Field Trips: Can White-Collar Criminals Positively Affect the Ethical and Legal Behavior of Marketing and MBA Students?

    Science.gov (United States)

    Castleberry, Stephen B.

    2007-01-01

    Marketing educators bear some responsibility for teaching ethics and legal issues to their students. Visits to white-collar criminals in a federal prison camp are one method of achieving this task. This article develops and empirically assesses ten objectives for such a visit by MBA and undergraduate marketing classes. Undergraduates rated the…

  5. Using Critical Literacy to Explore Genetics and Its Ethical, Legal, and Social Issues with In-Service Secondary Teachers

    Science.gov (United States)

    Gleason, Michael L.; Melancon, Megan E.; Kleine, Karynne L. M.

    2010-01-01

    The described interdisciplinary course helped a mixed population of in-service secondary English and biology teacher-participants increase their genetics content knowledge and awareness of Ethical, Legal, and Social Implications (ELSI) that arose from discoveries and practices associated with the Human Genome Project. This was accomplished by…

  6. Ethical and Legal Issues Associated with the Use of Aversives in the Public Schools: The SIBIS Controversy.

    Science.gov (United States)

    Jacob-Timm, Susan

    1996-01-01

    Explores four types of intervention available in treating self-injurious behavior (SIB). One effective, although controversial, treatment in reducing SIB involves use of Self-Injurious Behavior Inhibiting System (SIBIS), a device which delivers a mild electric shock following a blow to the head. Reviews and explains the ethical and legal issues…

  7. Keeping Kids Safe from a Design Perspective: Ethical and Legal Guidelines for Designing a Video-Based App for Children

    Science.gov (United States)

    Zydney, Janet Mannheimer; Hooper, Simon

    2015-01-01

    Educators can use video to gain invaluable information about their students. A concern is that collecting videos online can create an increased security risk for children. The purpose of this article is to provide ethical and legal guidelines for designing video-based apps for mobile devices and the web. By reviewing the literature, law, and code…

  8. Engaging Maori in Biobanking and Genetic Research: Legal, Ethical, and Policy Challenges

    Directory of Open Access Journals (Sweden)

    Angela Beaton

    2015-06-01

    Full Text Available Publically funded biobanking initiatives and genetic research should contribute towards reducing inequalities in health by reducing the prevalence and burden of disease. It is essential that Maori and other Indigenous populations share in health gains derived from these activities. The Health Research Council of New Zealand has funded a research project (2012-2015 to identify Maori perspectives on biobanking and genetic research, and to develop cultural guidelines for ethical biobanking and genetic research involving biospecimens. This review describes relevant values and ethics embedded in Maori indigenous knowledge, and how they may be applied to culturally safe interactions between biobanks, researchers, individual participants, and communities. Key issues of ownership, privacy, and consent are also considered within the legal and policy context that guides biobanking and genetic research practices within New Zealand. Areas of concern are highlighted and recommendations of international relevance are provided. To develop a productive environment for "next-generation" biobanking and genomic research,"‘next-generation" regulatory solutions will be required.

  9. Ethical and legal points of view in parenteral nutrition – Guidelines on Parenteral Nutrition, Chapter 12

    Directory of Open Access Journals (Sweden)

    Rothaermel, S.

    2009-11-01

    Full Text Available Adequate nutrition is a part of medical treatment and is influenced by ethical and legal considerations. Patients, who cannot be sufficiently fed via the gastrointestinal tract, have the fundamental right to receive PN (parenteral nutrition even so patients who are unable to give their consent. General objectives in nutrition support are to supply adequate nutrition with regards to the prevention of malnutrition and its consequences (increased morbidity and mortality, and thereby promoting improved outcome and/or quality of life for the patient considering always the patient’s needs and wishes. The requests of the patient to renounce PN should be respected where a signed living will is helpful. During the course of a terminal illness the nutrition has to be adapted individually according to the needs and wishes of a patient in the corresponding phase. Capability of consent should be checked in each individual case and for each measure on an individual basis. Consent should only be accepted if the patient is capable of recognizing the nature, meaning and importance of the intervention as well as the consequences of relinquishment of such an intervention, and is capable to make a self-determined decision. If the patient is not capable of consenting, the patient’s living will is the most important document when determining their assumed will and legally binding. Otherwise a guardian appointed by the patient, or the representative appointed by the court (if the patient has made no provisions can make the decision.

  10. Ethical and legal points of view in parenteral nutrition - Guidelines on Parenteral Nutrition, Chapter 12.

    Science.gov (United States)

    Rothaermel, S; Bischoff, S C; Bockenheimer-Lucius, G; Frewer, A; Wehkamp, K H; Zuercher, G

    2009-11-18

    Adequate nutrition is a part of medical treatment and is influenced by ethical and legal considerations. Patients, who cannot be sufficiently fed via the gastrointestinal tract, have the fundamental right to receive PN (parenteral nutrition) even so patients who are unable to give their consent. General objectives in nutrition support are to supply adequate nutrition with regards to the prevention of malnutrition and its consequences (increased morbidity and mortality), and thereby promoting improved outcome and/or quality of life for the patient considering always the patient's needs and wishes. The requests of the patient to renounce PN should be respected where a signed living will is helpful. During the course of a terminal illness the nutrition has to be adapted individually according to the needs and wishes of a patient in the corresponding phase. Capability of consent should be checked in each individual case and for each measure on an individual basis. Consent should only be accepted if the patient is capable of recognizing the nature, meaning and importance of the intervention as well as the consequences of relinquishment of such an intervention, and is capable to make a self-determined decision. If the patient is not capable of consenting, the patient's living will is the most important document when determining their assumed will and legally binding. Otherwise a guardian appointed by the patient, or the representative appointed by the court (if the patient has made no provisions) can make the decision.

  11. Ethical and legal duty of anesthesiologists regarding Jehovah's Witness patient: care protocol.

    Science.gov (United States)

    Takaschima, Augusto Key Karazawa; Sakae, Thiago Mamôru; Takaschima, Alexandre Karazawa; Takaschima, Renata Dos Santos Teodoro; Lima, Breno José Santiago Bezerra de; Benedetti, Roberto Henrique

    Jehovah's Witnesses patients refuse blood transfusions for religious reasons. Anesthesiologists must master specific legal knowledge to provide care to these patients. Understanding how the Law and the Federal Council of Medicine treat this issue is critical to know how to act in this context. The aim of this paper was to establish a treatment protocol for the Jehovah's Witness patient with emphasis on ethical and legal duty of the anesthesiologist. The article analyzes the Constitution, Criminal Code, resolutions of the Federal Council of Medicine, opinions, and jurisprudence to understand the limits of the conflict between the autonomy of will of Jehovah's Witnesses to refuse transfusion and the physician's duty to provide the transfusion. Based on this evidence, a care protocol is suggested. The Federal Council of Medicine resolution 1021/1980, the penal code Article 135, which classifies denial of care as a crime and the Supreme Court decision on the HC 268,459/SP process imposes on the physician the obligation of blood transfusion when life is threatened. The patient's or guardian's consent is not necessary, as the autonomy of will manifestation of the Jehovah's Witness patient refusing blood transfusion for himself and relatives, even in emergencies, is no not forbidden. Copyright © 2016 Sociedade Brasileira de Anestesiologia. Published by Elsevier Editora Ltda. All rights reserved.

  12. [Ethical and legal duty of anesthesiologists regarding Jehovah's Witness patient: care protocol].

    Science.gov (United States)

    Takaschima, Augusto Key Karazawa; Sakae, Thiago Mamôru; Takaschima, Alexandre Karazawa; Takaschima, Renata Dos Santos Teodoro; de Lima, Breno José Santiago Bezerra; Benedetti, Roberto Henrique

    Jehovah's Witnesses patients refuse blood transfusions for religious reasons. Anesthesiologists must master specific legal knowledge to provide care to these patients. Understanding how the Law and the Federal Council of Medicine treat this issue is critical to know how to act in this context. The aim of this paper was to establish a treatment protocol for the Jehovah's Witness patient with emphasis on ethical and legal duty of the anesthesiologist. The article analyzes the Constitution, Criminal Code, resolutions of the Federal Council of Medicine (FCM), opinions, and jurisprudence to understand the limits of the conflict between the autonomy of will of Jehovah's Witnesses to refuse transfusion and the physician's duty to provide the transfusion. Based on this evidence, a care protocol is suggested. The FCM resolution 1021/1980, the penal code Article 135, which classifies denial of care as a crime and the Supreme Court decision on the HC 268,459/SP process imposes on the physician the obligation of blood transfusion when life is threatened. The patient's or guardian's consent is not necessary, as the autonomy of will manifestation of the Jehovah's Witness patient refusing blood transfusion for himself and relatives, even in emergencies, is no not forbidden. Copyright © 2016 Sociedade Brasileira de Anestesiologia. Publicado por Elsevier Editora Ltda. All rights reserved.

  13. Aspectos ético legales del trasplante de corazón Ethical and legal aspects of heart transplant

    Directory of Open Access Journals (Sweden)

    Fernán del C Mendoza

    2007-12-01

    to perform a cardiac transplant, the donor must meet criteria for encephalic death. This is diagnosed when there is irreversible absence of the brain stem functions, determined by a clinical examination. Despite the existing controversies about the moment when a person dies, every time there is more clarity over this matter. There are other bioethical problems related to transplants, such as donation (some people during life state their will and autonomy to become donors, some others not, organ distribution, and organ and tissue trading. From the legal and ethical point of view, it is forbidden to gratify or pay the living donor, the dead donor’s family, the tissue or bone marrow bank, the hospitals, or the insurance companies for the donation or supplying of human organs or tissues. The promotion of the donation and obtainment of anatomical components must be performed stating their voluntary, altruistic and unselfish character. The principle of justice must stand out, excluding any unfair consideration of geographical, racial, sexual, or religious nature. Organs must be distributed based on medical criteria, looking for the most suitable use of the donated organ, based on a fair management, having always as a principle the respect of life and human dignity.

  14. The Global Ethics Corner: foundations, beliefs, and the teaching of biomedical and scientific ethics around the world.

    Science.gov (United States)

    Jakubowski, Henry; Xie, Jianping; Kumar Mitra, Arup; Ghooi, Ravindra; Hosseinkhani, Saman; Alipour, Mohsen; Hajipour, Behnam; Obiero, George

    2017-09-01

    The profound advances in the biomolecular sciences over the last decades have enabled similar advances in biomedicine. These advances have increasingly challenged our abilities to deploy them in an equitable and ethically acceptable manner. As such, it has become necessary and important to teach biomedical and scientific ethics to our students who will become the researchers, medical professionals, and global citizens of the future. As advances in the biosciences and medicine are made, developed, and used across the globe, our survival on an endangered planet requires global dialog and consensual action. To that end, a group of us from around the world have come together to describe the differing foundations of our ethical beliefs, and how ethical issues in biomedicine and in science are described and confronted in our countries. We hope to show the commonality in our beliefs and practices and to encourage readers from around the world to contribute to a continuing discussion through a new section of the journal, The Global Ethics Corner. © 2017 by The International Union of Biochemistry and Molecular Biology, 45(5):385-395, 2017. © 2017 The International Union of Biochemistry and Molecular Biology.

  15. Ethics in scientific results application: Gene and life forms patenting

    Directory of Open Access Journals (Sweden)

    Konstantinov Kosana

    2010-01-01

    Full Text Available The remarkable development and application of new genetic technologies over the past decades has been accompanied by profound changes in the way in which research is commercialized in the life sciences. As results, new varieties of commercially grown crops with improved or new traits are developed. Many thousands of patents which assert rights over DNA sequences have been granted to researchers across the public and private sector. The effects of many of these patents are extensive, because inventors who assert rights over DNA sequences obtain protection on all uses of the sequences. Extremely valuable to breeders in the national agricultural research system is the ability to genotype their collections to get a clear picture of their diversity and how diversity could be enhanced through sharing and access to global collections. The issue of the eligibility for patenting of DNA sequences needs to be reopened. Patents that assert rights over DNA sequences and their uses are, in some cases, supportable, but in others, should be treated with great caution. Rights over DNA sequences as research tools should be discouraged. That the best way to discourage the award of such patents is by stringent application of the criteria for patenting, particularly utility. A more equitable, ethically - based food and agricultural system must incorporate concern for three accepted global goals: improved well being, protection of the environment and improved public health (particular point food from GMO. To mitigate conflict one of the approach to solve problem is ethical and truthful label of GM food, because consumers have a right to choose whether to eat genetically modified foods or not. Interesting examples and risks as consequences of free availability of genetic resources utilization, its transformation, patenting of 'new' organism and selling it back to the genetic resource owner are presented. Society has obligations to raise levels of nutrition and

  16. Integrating Public Health and Deliberative Public Bioethics: Lessons from the Human Genome Project Ethical, Legal, and Social Implications Program.

    Science.gov (United States)

    Meagher, Karen M; Lee, Lisa M

    2016-01-01

    Public health policy works best when grounded in firm public health standards of evidence and widely shared social values. In this article, we argue for incorporating a specific method of ethical deliberation--deliberative public bioethics--into public health. We describe how deliberative public bioethics is a method of engagement that can be helpful in public health. Although medical, research, and public health ethics can be considered some of what bioethics addresses, deliberative public bioethics offers both a how and where. Using the Human Genome Project Ethical, Legal, and Social Implications program as an example of effective incorporation of deliberative processes to integrate ethics into public health policy, we examine how deliberative public bioethics can integrate both public health and bioethics perspectives into three areas of public health practice: research, education, and health policy. We then offer recommendations for future collaborations that integrate deliberative methods into public health policy and practice.

  17. Relevant climate response tests for stratospheric aerosol injection: A combined ethical and scientific analysis

    Science.gov (United States)

    Lenferna, Georges Alexandre; Russotto, Rick D.; Tan, Amanda; Gardiner, Stephen M.; Ackerman, Thomas P.

    2017-06-01

    In this paper, we focus on stratospheric sulfate injection as a geoengineering scheme, and provide a combined scientific and ethical analysis of climate response tests, which are a subset of outdoor tests that would seek to impose detectable and attributable changes to climate variables on global or regional scales. We assess the current state of scientific understanding on the plausibility and scalability of climate response tests. Then, we delineate a minimal baseline against which to consider whether certain climate response tests would be relevant for a deployment scenario. Our analysis shows that some climate response tests, such as those attempting to detect changes in regional climate impacts, may not be deployable in time periods relevant to realistic geoengineering scenarios. This might pose significant challenges for justifying stratospheric sulfate aerosol injection deployment overall. We then survey some of the major ethical challenges that proposed climate response tests face. We consider what levels of confidence would be required to ethically justify approving a proposed test; whether the consequences of tests are subject to similar questions of justice, compensation, and informed consent as full-scale deployment; and whether questions of intent and hubris are morally relevant for climate response tests. We suggest further research into laboratory-based work and modeling may help to narrow the scientific uncertainties related to climate response tests, and help inform future ethical debate. However, even if such work is pursued, the ethical issues raised by proposed climate response tests are significant and manifold.

  18. Ethical, Legal, and Clinical Considerations when Disclosing a High-Risk Syndrome for Psychosis.

    Science.gov (United States)

    Mittal, Vijay A; Dean, Derek J; Mittal, Jyoti; Saks, Elyn R

    2015-10-01

    There are complex considerations when planning to disclose an attenuated psychosis syndrome (APS) diagnosis. In this review, we evaluate ethical, legal, and clinical perspectives as well as caveats related to full, non- and partial disclosure strategies, discuss societal implications, and provide clinical suggestions. Each of the disclosure strategies is associated with benefits as well as costs/considerations. Full disclosure promotes autonomy, allows for the clearest psychoeducation about additional risk factors, helps to clarify and/or correct previous diagnoses/treatments, facilitates early intervention and bolsters communication between providers but there are important considerations involving heritability, comorbidity, culture, and stigma. Non-disclosure advances nonmaleficence by limiting stigma and stress (which may inadvertently exacerbate the condition), and confusion (related to the rapidly evolving diagnosis) in a sensitive developmental period but is complicated by varying patient preferences and the possibility that, as new treatments without adverse effects become available, the risk with false positives no longer justifies the accompanying loss of autonomy. Partial disclosure balances ethical considerations by focusing on symptoms instead of labels, but evidence that laypersons may interpret this information as a pseudo-diagnosis and that symptoms alone also contribute to stigma limits the efficacy of this approach. In addition, there are notable societal considerations relating to disclosure involving conservatorship, the reach of insurance companies, and discrimination. We advocate a hybrid approach to disclosure and recommend future research aimed at understanding the effects of stigma on clinical course and a renewed focus on those help-seeking cases that do not transition but remain clinically relevant. © 2015 John Wiley & Sons Ltd.

  19. Treatment for gender dysphoria in children: the new legal, ethical and clinical landscape.

    Science.gov (United States)

    Smith, Malcolm K; Mathews, Ben

    2015-02-02

    Gender dysphoria is a condition in which a child's subjectively felt identity and gender are not congruent with her or his biological sex. Because of this, the child suffers clinically significant distress or impairment in social functioning. The Family Court of Australia has recently received an increasing number of applications seeking authorisation for the provision of hormones to treat gender dysphoria in children. Some medical procedures and interventions performed on children are of such a grave nature that court authorisation must be obtained to render them lawful. These procedures are referred to as special medical procedures. Hormonal therapy for the treatment of gender dysphoria in children is provided in two stages occurring years apart. Until recently, both stages of treatment were regarded by courts as special medical treatments, meaning court authorisation had to be provided for both stages. In a significant recent development, courts have drawn a distinction between the two stages of treatment, permitting parents to consent to the first stage. In addition, it has been held that a child who is determined by a court to be Gillick competent can consent to stage 2 treatment. The new legal developments concerning treatment for gender dysphoria are of ethical, clinical and practical importance to children and their families, and to medical practitioners treating children with gender dysphoria. Medical practitioners should benefit from an understanding of the recent developments in legal principles. This will ensure that they have up-to-date information about the circumstances under which treatment may be conducted with parental consent, and those in which they must seek court authorisation.

  20. Clinical photography in dermatology: ethical and medico-legal considerations in the age of digital and smartphone technology.

    Science.gov (United States)

    Kunde, Lauren; McMeniman, Erin; Parker, Malcolm

    2013-08-01

    Clinical photography has long been an important aspect in the management of dermatological pathology and has many applications in contemporary dermatology practice. With the continuous evolution of digital and smartphone technology, clinicians must maintain ethical and medico-legal standards. This article reviews how dermatology trainees are utilising this technology in their clinical practice and what procedures they follow when taking photos of patients. We review the ethical and legal considerations of clinical photography in dermatology and present a hypothetical medico-legal scenario. Dermatology registrars were surveyed on their use of personal smartphones and digital equipment for photographing patients in their clinical practice. Numerous medico-legal providers were approached to provide medico-legal advice about a hypothetical scenario. We found that the use of these technologies is prevalent among dermatology registrars and all respondents reported regular use. Clinicians should routinely obtain and document adequate patient consent in relation to clinical photography, utilise strict privacy settings on smartphones and other digital devices and ensure that the images are stored on these devices for minimal periods. Express consent documentation in the clinical file puts the clinician in a more defensible position if a complaint is made to the medical board or privacy commissioner. © 2013 The Authors. Australasian Journal of Dermatology © 2013 The Australasian College of Dermatologists.

  1. Dehumanization in organizational settings: Some scientific and ethical considerations

    Directory of Open Access Journals (Sweden)

    Kalina eChristoff

    2014-09-01

    Full Text Available Dehumanizing attitudes and behaviors frequently occur in organizational settings and are often viewed as an acceptable, and even necessary, strategy for pursuing personal and organizational goals. Here I examine a number of commonly held beliefs about dehumanization and argue that there is relatively little support for them in light of the evidence emerging from social psychological and neuroscientific research. Contrary to the commonly held belief that everyday forms of dehumanization are innocent and inconsequential, the evidence shows profoundly negative consequences for both victims and perpetrators. As well, the belief that suppressing empathy automatically leads to improved problem solving is not supported by the evidence. The more general belief that empathy interferes with problem solving receives partial support, but only in the case of mechanistic problem solving. Overall, I question the usefulness of dehumanization in organizational settings and argue that it can be replaced by superior strategies that are ethically more acceptable and do not entail the severely negative consequences associated with dehumanization.

  2. Patients as consumers of health care in South Africa: the ethical and legal implications.

    Science.gov (United States)

    Rowe, Kirsten; Moodley, Keymanthri

    2013-03-21

    South Africa currently has a pluralistic health care system with separate public and private sectors. It is, however, moving towards a socialised model with the introduction of National Health Insurance. The South African legislative environment has changed recently with the promulgation of the Consumer Protection Act and proposed amendments to the National Health Act. Patients can now be viewed as consumers from a legal perspective. This has various implications for health care systems, health care providers and the doctor-patient relationship. Calling a recipient of health care a 'consumer' as opposed to a 'patient' has distinct connotations and may result in differential behaviour. Labels reflect the ideals of the context in which they are used. Various models of the doctor-patient relationship exist and different metaphors have been used to describe it. Increasingly there are third parties involved within the doctor-patient relationship making it more difficult for the doctor to play the fiduciary role. In certain parts of the world, there has been a shift from a traditional paternalistic model to a consumerist model. The ethical implications of the commodification of health care are complex. As health care becomes a 'product' supplied by the health care 'provider', there is the risk that doctors will replace professional ethics with those of the marketplace. Health care is a universal human need and cannot be considered a mere commodity. In modern medical ethics, great emphasis is placed on the principle of respect for patient autonomy. Patients are now the ultimate decision-makers. The new Consumer Protection Act in South Africa applies to consumers and patients alike. It enforces strict liability for harm caused by goods and services. Everyone in the supply chain, including the doctor, can be held jointly and severally liable. This may lead to enormous challenges in health care delivery. Viewing patients as consumers may be detrimental to the doctor

  3. Patients as consumers of health care in South Africa: the ethical and legal implications

    Science.gov (United States)

    2013-01-01

    Background South Africa currently has a pluralistic health care system with separate public and private sectors. It is, however, moving towards a socialised model with the introduction of National Health Insurance. The South African legislative environment has changed recently with the promulgation of the Consumer Protection Act and proposed amendments to the National Health Act. Patients can now be viewed as consumers from a legal perspective. This has various implications for health care systems, health care providers and the doctor-patient relationship. Discussion Calling a recipient of health care a ‘consumer’ as opposed to a ‘patient’ has distinct connotations and may result in differential behaviour. Labels reflect the ideals of the context in which they are used. Various models of the doctor-patient relationship exist and different metaphors have been used to describe it. Increasingly there are third parties involved within the doctor-patient relationship making it more difficult for the doctor to play the fiduciary role. In certain parts of the world, there has been a shift from a traditional paternalistic model to a consumerist model. The ethical implications of the commodification of health care are complex. As health care becomes a ‘product’ supplied by the health care ‘provider’, there is the risk that doctors will replace professional ethics with those of the marketplace. Health care is a universal human need and cannot be considered a mere commodity. In modern medical ethics, great emphasis is placed on the principle of respect for patient autonomy. Patients are now the ultimate decision-makers. The new Consumer Protection Act in South Africa applies to consumers and patients alike. It enforces strict liability for harm caused by goods and services. Everyone in the supply chain, including the doctor, can be held jointly and severally liable. This may lead to enormous challenges in health care delivery. Summary Viewing patients as

  4. Practice paper of the Academy of Nutrition and Dietetics abstract: ethical and legal issues of feeding and hydration.

    Science.gov (United States)

    Schwartz, Denise Baird; Posthauer, Mary Ellen; O'Sullivan Maillet, Julie

    2013-07-01

    It is the position of the Academy of Nutrition and Dietetics that individuals have the right to request or refuse nutrition and hydration as medical treatment. Registered dietitians should work collaboratively as part of an interprofessional team to make recommendations on providing, withdrawing, or withholding nutrition and hydration in individual cases and serve as active members of institutional ethics committees. This practice paper provides a proactive, integrated, systematic process to implement the Academy's position. The position and practice papers should be used together to address the history and supporting information of ethical and legal issues of feeding and hydration identified by the Academy. Elements of collaborative ethical deliberation are provided for pediatrics and adults and in different conditions. The process of ethical deliberation is presented with the roles and responsibilities of the registered dietitian and the dietetic technician, registered. Understanding the importance and applying concepts dealing with cultural values and religious diversity is necessary to integrate clinical ethics into nutrition care. Incorporating screening for quality-of-life goals is essential before implementing the Nutrition Care Process and improving health literacy with individual interactions. Developing institution-specific policies and procedures is necessary to accelerate the practice change with artificial nutrition, clinical ethics, and quality improvement projects to determine best practice. This paper supports the "Position of the Academy of Nutrition and Dietetics: Ethical and Legal Issues of Feeding and Hydration" published in the June 2013 issue of the Journal of the Academy of Nutrition and Dietetics. Copyright © 2013 Academy of Nutrition and Dietetics. Published by Elsevier Inc. All rights reserved.

  5. Non-Invasive Prenatal Testing: Review of Ethical, Legal and Social Implications

    Directory of Open Access Journals (Sweden)

    Haidar, Hazar

    2016-02-01

    Full Text Available Non-invasive prenatal testing (NIPT using cell-free fetal DNA (cffDNA from maternal blood has recently entered clinical practice in many countries, including Canada. This test can be performed early during pregnancy to detect Down syndrome and other conditions. While NIPT promises numerous benefits, it also has challenging ethical, legal and social implications (ELSI. This paper reviews concerns currently found in the literature on the ELSI of NIPT. We make four observations. First, NIPT seems to exacerbate some of the already existing concerns raised by other prenatal tests (amniocentesis and maternal serum screening such as threats to women’s reproductive autonomy and the potential for discrimination and stigmatization of disabled individuals and their families. This may be due to the likely upcoming large scale implementation and routinization of NIPT. Second, the distinction between NIPT as a screening test (as it is currently recommended and as a diagnostic test (potentially in the future, has certain implications for the ELSI discussion. Third, we observed a progressive shift in the literature from initially including mostly conceptual analysis to an increasing number of empirical studies. This demonstrates the contribution of empirical bioethics approaches as the technology is being implemented into clinical use. Finally, we noted an increasing interest in equity and justice concerns regarding access to NIPT as it becomes more widely implemented.

  6. Bisphosphonate-related osteonecrosis of the jaw: historical, ethical, and legal issues associated with prescribing.

    Science.gov (United States)

    Faiman, Beth; Pillai, Aiswarya Lekshmi Pillai Chandran; Benghiac, Ana Gabriela

    2013-01-01

    The long-term effects of many drugs are unknown. Established risks are communicated to patients who participate in clinical trials during the informed consent process. However, unknown and unanticipated side effects of medications may occur years after treatment. Patients with metastatic bone cancer experience an imbalance between tumor cells and the bone marrow microenvironment. Increased cytokine release, osteoclastic activity, and uncoupled osteoblastic activity lead to weakened bone structure and osteolytic lesions. The bisphosphonates are a class of drugs available in IV and oral formulations to treat and prevent bone loss and decrease the risk of skeletal-related events. Intravenous bisphosphonates such as zoledronic acid and pamidronate disodium are approved by the US Food and Drug Administration for the treatment of bone pain and hypercalcemia of malignancy and the prevention of painful bone fractures in patients with metastatic bone cancer. Oral bisphosphonates such as alendronate, risedronate, and etidronate are used to reduce the risk of skeletal fractures in patients with osteoporosis and in breast cancer. Bisphosphonate-related osteonecrosis of the jaw (BRONJ) is a rare but painful complication of treatment characterized by infection, exposed bone, and poor wound healing. In this article, we discuss BRONJ and identify past, present, and future ethical and legal issues surrounding bisphosphonate administration.

  7. Legal and ethical aspects of organ donation after euthanasia in Belgium and the Netherlands.

    Science.gov (United States)

    Bollen, Jan; Ten Hoopen, Rankie; Ysebaert, Dirk; van Mook, Walther; van Heurn, Ernst

    2016-08-01

    Organ donation after euthanasia has been performed more than 40 times in Belgium and the Netherlands together. Preliminary results of procedures that have been performed until now demonstrate that this leads to good medical results in the recipient of the organs. Several legal aspects could be changed to further facilitate the combination of organ donation and euthanasia. On the ethical side, several controversies remain, giving rise to an ongoing, but necessary and useful debate. Further experiences will clarify whether both procedures should be strictly separated and whether the dead donor rule should be strictly applied. Opinions still differ on whether the patient's physician should address the possibility of organ donation after euthanasia, which laws should be adapted and which preparatory acts should be performed. These and other procedural issues potentially conflict with the patient's request for organ donation or the circumstances in which euthanasia (without subsequent organ donation) traditionally occurs. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  8. Legal and ethical aspects of deliberate G-induced loss of consciousness experiments.

    Science.gov (United States)

    Euretig, J G

    1991-07-01

    Informed consent is both a legal and accepted ethical prerequisite to nontherapeutic human experimentation. The informed consent obtained from the subject in G-LOC experimentation is in the same form as the risk disclosures used in high-G acceleration experiments. However, in high acceleration protocols G-LOC is a potential risk while in G-LOC experiments it is the result. The case law embodies three modern evidentiary standards (the "professional," "material fact," and "possible risks" tests) employed by common law courts when deciding whether the risk disclosures are sufficient to elicit the informed consent of the subject. Each standard is applied against the disclosures in the G-LOC protocol to determine if the elements of the requirement are met. The risk disclosures are wanting in specific identification under the three tests. The deficiency is the failure to inform the subject that G-LOC may result in a pathologic state of unconsciousness about which little is known. Without complete disclosure of this lacking state of medical knowledge, it is questionable whether informed consent can be given. If subjected to judicial scrutiny, the disclosures stated in the G-LOC protocol used in government sponsored research will probably be found deficient.

  9. The legal and ethical concerns that arise from using complex predictive analytics in health care.

    Science.gov (United States)

    Cohen, I Glenn; Amarasingham, Ruben; Shah, Anand; Xie, Bin; Lo, Bernard

    2014-07-01

    Predictive analytics, or the use of electronic algorithms to forecast future events in real time, makes it possible to harness the power of big data to improve the health of patients and lower the cost of health care. However, this opportunity raises policy, ethical, and legal challenges. In this article we analyze the major challenges to implementing predictive analytics in health care settings and make broad recommendations for overcoming challenges raised in the four phases of the life cycle of a predictive analytics model: acquiring data to build the model, building and validating it, testing it in real-world settings, and disseminating and using it more broadly. For instance, we recommend that model developers implement governance structures that include patients and other stakeholders starting in the earliest phases of development. In addition, developers should be allowed to use already collected patient data without explicit consent, provided that they comply with federal regulations regarding research on human subjects and the privacy of health information. Project HOPE—The People-to-People Health Foundation, Inc.

  10. Illicit drugs, testing, prevention and work in France: ethical and legal issues.

    Science.gov (United States)

    Fantoni-Quinton, Sophie; Bossu, Bernard; Morgenroth, Thomas; Frimat, Paul

    2010-09-01

    The use of illicit drugs in the workplace raises issues pertaining to prevention and safety and the responsibility of the various members of staff. It also brings into question the interface between work and private life. If employees are in theory responsible for their own safety and risk heavy penalties in the event of the consumption of illicit drugs in the workplace, such behaviour has to be proved. In reality, the worker can only be partially and marginally held liable, given the fact that the employer is prohibited from infringing on their rights and liberties (restrictions on the searching of their personal belongings and lockers as well as on the carrying out of breath testing and saliva testing under restrictive conditions). Employers have for their part a broader range of responsibilities and, above all, an absolute obligation to achieve specific goals in terms of health and safety resulting in the need to take action. In accordance with the International Labour Organization recommendations, European and national legislation, the employer has to implement a suitable preventive policy. However, where is the balance between prevention and repression? Very few studies have raised these issues and our aim is to precisely situate the place of drug testing in the employer's repressive arsenal in France and to try to answer the legal and ethical issues raised. Thus, for example, repression can only be acceptable when it deals with moderate and non-addicted users, or it could be tantamount to discrimination.

  11. 'Biologizing' Psychopathy: Ethical, Legal, and Research Implications at the Interface of Epigenetics and Chronic Antisocial Conduct.

    Science.gov (United States)

    Tamatea, Armon J

    2015-10-01

    Epigenetics, a field that links genetics and environmental influences on the expression of phenotypic traits, offers to increase our understanding of the development and trajectory of disease and psychological disorders beyond that thought of traditional genetic research and behavioural measures. By extension, this new perspective has implications for risk and risk management of antisocial behaviour where there is a biological component, such as psychopathy. Psychopathy is a personality disorder associated with repeat displays of antisocial behaviour, and is associated with the disproportionate imposition of harm on communities. Despite advances in our knowledge of psychopathic individuals, the construct remains complex and is hampered by a lack of integration across a range of fundamental domains. The clinical and forensic research on psychopathy is brought into conversation with the emerging field of epigenetics to highlight critical issues of (1) clinical definition and diagnosis, (2) assessment, (3) aetiology of psychopathic phenotypes, and (4) treatment and rehabilitation approaches. Broader ethical and legal questions of the role of epigenetic mechanisms in the management of psychopathy beyond the criminal justice arena are also outlined. Copyright © 2015 John Wiley & Sons, Ltd.

  12. Open disclosure: ethical, professional and legal obligations, and the way forward for regulation.

    Science.gov (United States)

    Finlay, Angus J F; Stewart, Cameron L; Parker, Malcolm

    2013-05-06

    Open disclosure (OD) after adverse health care events is the subject of a national standard that has been implemented in state health policy documents, and is included in the Medical Board of Australia's code of conduct for doctors. Nevertheless, doctors have been slow to embrace the practice of OD. There is a strong ethical case for implementing OD in the primary interests of patients, and additionally from a medicolegal risk management point of view. There are no statutory requirements in relation to OD, but common law judgments have imposed a duty of OD in tort and contract. There are a number of barriers to the better uptake and implementation of OD, including perceptions of legal risk, lack of education and training, reluctance to admit error, uncertainty concerning what and how much to disclose, and the variations in state and territory "apology laws". The implementation of OD could be improved by making apology laws consistent across jurisdictions, including providing "blanket" cover for admissions of fault; by preventing insurers voiding contracts when apologies are made, either through self-regulation or legislation; and by inserting OD obligations into different structures within the health system.

  13. Ethical and legal issues regarding the action and knowledge of orthodontists before civil liability

    Directory of Open Access Journals (Sweden)

    Luíza Valéria de Abreu Maia

    2014-10-01

    Full Text Available This study evaluated the ethical and legal conducts of orthodontists regarding the professional/patient relationship, documentation used and degree of knowledge on the professional liability during the exercise of their specialty. This study sought to assess whether the time since graduation of the dentist as an expert interfered with their knowledge degree about the dental professional liability. The object population of the present study consisted of 56 dental surgeons, specialized in orthodontics, from the city of Belo Horizonte, Minas Gerais State, Brazil. The research was carried out using a survey addressed to these professionals, and descriptive statistics of the data. Chi-square test was used to check independence between factors and comparisons of proportions.  100% interviewed professionals request orthodontic documentation prior to the start of treatment; 71.5% request final documentation; 91% professionals affirmed they file this documentation; however, only 21.4% keep records for over 20 years; and most professionals (86% use some sort of contract at the start of treatment, and a small percentage (30.4% regard the liability of orthodontists as objective. It can be concluded that the interviewed professionals should acquire a higher level of knowledge regarding the professional liability and current legislation involving dental surgeons.

  14. Legal and Ethical Implications of Using Social Media in Human Resource Management

    Directory of Open Access Journals (Sweden)

    Lu Zhang

    2014-06-01

    Full Text Available Now more than ever we live in a society saturated with technology and media.  We are captured by the technology whirlwind such as the internet, instant messages, emails, and social media such as Twitter and Facebook.  Technologies not only are changing the way people live, work, and interact with each other but also the way companies conduct their businesses.  Social media no doubt is one of such technologies that enables companies to market their products and services in new and unique dimensions.  Beyond marketing, social media is also changing the way human resource professionals recruit and select employees.   Recruiting and selecting potential new employees using social media, is gaining popularity.  There are even software programs that capitalize on the information available on social media sites to assist human resources professionals to source, screen, and track job applicants.  Although there are many advantages in using social media networks to assist HR to select and filter job candidates, there are reasons for concerns.  In this paper, we’ll examine the legal and ethical consequences of using social media in the area of human resource management.   Keywords: Social Media, Facebook, Human Resources, Management.

  15. THE ETHICS OF SCIENTIFIC RESEARCH (WITH PARTICULAR EMPHASIS ON EXERCISE AND MOVEMENT SCIENCE (English translated version

    Directory of Open Access Journals (Sweden)

    Luis Fernando Aragón-Vargas

    2015-12-01

    Full Text Available This paper reviews how we arrived at the current state of affairs in the ethical practice of scientific research, discussing some issues that are particularly pertinent to the exercise scientist. The paper focuses on two major areas of ethics in science. The ethical principles for biomedical research involving human subjects are presented and discussed using the three basic principles from the Belmont Report (autonomy, beneficence, and justice as a guide. The ethical presentation and publication of data are discussed as an update or expanded comment on the ten topics covered by Roy Shephard in his Ethics in Exercise Science Research paper from 2002. The manuscript closes with a reflection on personal responsibility and its importance in every scientific endeavor: placing all responsibility for action on those scientists or physicians doing the experiments was not sufficient to prevent all types of human research abuses in the first half of the twentieth century. However, intricate and cumbersome external review and approval procedures generate the perception that the system should be more than enough to ensure good practices, a perception that may dangerously prevent the scientists from assuming their individual responsibility.

  16. Strategies for Acing the Fundamentals and Mitigating Legal and Ethical Consequences of Poor Physician-Patient Communication.

    Science.gov (United States)

    Brueck, MaryKatherine; Salib, Angelique M

    2017-03-01

    This article explores how the absence of effective verbal and nonverbal communication in the physician-patient encounter can lead to poor outcomes for patients and physicians alike. The article discusses legal and ethical topics physicians should consider during a medical encounter and provides educational and practical suggestions for improving effective communication between physicians and their patients. © 2017 American Medical Association. All Rights Reserved.

  17. Moral, Ethical and Legal Considerations with the Use of Drugs for Performance Maintenance in the Canadian Forces

    Science.gov (United States)

    2009-10-01

    drugs . Most controlled drugs with performance maintenance characteristics would fall under schedule 3 of the Act. CF members’ consumption of performance...21 - 4 RTO-MP-HFM-181 Disorder (ADHD) to increase attention. Caffeine itself is the world’s most widely used psychoactive drug and by far the...RTO-MP-HFM-181 21 - 1 Moral, Ethical and Legal Considerations with the Use of Drugs for Performance Maintenance in the Canadian Forces

  18. Opinion paper: scientific, philosophical and legal consideration of doping in sports.

    Science.gov (United States)

    Negro, Massimo; Marzullo, Natale; Caso, Francesca; Calanni, Luca; D'Antona, Giuseppe

    2018-04-01

    The term doping is generally used to indicate practices based on the use of performance-enhancing drugs (PEDs) or the abuse of medical therapies. Mostly analysed by doctors and officials, doping nevertheless also requires a philosophical consideration to avoid being simplistically portrayed as an isolated practice. To do this, we need to pay attention to the contradictions and paradoxes in the modern approach to doping in sport. In this context, doping is not only relevant to the health of an individual involved in the violation of World Anti-Doping Agency (WADA) criteria, but it actually represents a double-edged phenomenon containing ethical and legal points of view. Several philosophical items affect the ethics of doping. While, indeed, through a deontological vision it is easy to morally condemn an athlete who takes the decision to turn to doping, the same condemnation becomes difficult when the practice of doping is compared with the strong social demand of winners in every field of life. This point must be considered to prevent doping from becoming accepted as a daily practice to excel at all costs and regarded not only as normal but as a necessity for those participating in sport at both an amateur and professional level. Furthermore, a complete discussion on doping has to consider not only the philosophy of performance-enhancing drug abuse, but also the widespread practice of an inappropriate and excessive intake of certain dietary supplements with the unique and obsessive purpose (similar to doping) of increasing physical or mental performance. Based on the above, the aim of this paper is to provide a critical opinion of the doping problem and its related practices and analyze possible solutions considering issues that go beyond the impact of doping on health and reflect on whether it is right or not that an athlete does all he can to improve his performance.

  19. Planning an accessible expo 2020 within Dubai’s 5 star hotel industry from legal and ethical perspectives

    Directory of Open Access Journals (Sweden)

    Stephanie Morris

    2016-03-01

    Full Text Available Purpose – The purpose of this paper is to provide an understanding of the accessibility laws currently in effect in the United Arab Emirates and, specifically, Dubai. Further, it recommends methods of integrating accessible hospitality and tourism in Dubai with core legal and ethical direction in preparation for EXPO 2020. Design/methodology/approach – Review of current legislation and analysis of interpretation by industry providers was used to illustrate the impact on the current accessibility environment in Dubai and to recommend a revised regulatory scheme. Findings – The paper explains how legal and ethical issues have influenced the planning and building of 5 star hotels in Dubai, and offers recommendations for amendments and additions to the region’s current laws that address needs of people with disabilities (PwD. Originality/value – Little research has been conducted in the region concerning the rights and needs of PwD. The paper significantly contributes by demonstrating how an ethical and legal framework will address the needs of PwD thereby aiding in Dubai’s successful hosting of EXPO 2020. This contribution is notably opportune in view of the anticipated changes in applicable legislation.

  20. Ethical and legal issues involved in the pro-active collection of personal information with the aim of reducing online disclosure

    CSIR Research Space (South Africa)

    Botha, J

    2016-09-01

    Full Text Available aims to highlight some of the major ethical and legal issues when pro-actively collecting personal information, through a South African case study, to assist in reducing the amounts of personal information being disclosed online....

  1. Science ethics education part II: changes in attitude toward scientific fraud among medical researchers after a short course in science ethics.

    Science.gov (United States)

    Vuckovic-Dekic, L; Gavrilovic, D; Kezic, I; Bogdanovic, G; Brkic, S

    2012-01-01

    To determine the impact of the short science ethics courses on the knowledge of basic principles of responsible conduct of research (RCR), and on the attitude toward scientific fraud among young biomedical researchers. A total of 361 attendees of the course on science ethics answered a specially designed anonymous multiple- choice questionnaire before and after a one-day course in science ethics. The educational course consisted of 10 lectures: 1) Good scientific practice - basic principles; 2) Publication ethics; 3) Scientific fraud - fabrication, falsification, plagiarism; 4) Conflict of interests; 5) Underpublishing; 6) Mentorship; 7) Authorship; 8) Coauthorship; 9) False authorship; 10) Good scientific practice - ethical codex of science. In comparison to their answers before the course, a significantly higher (pscience ethics as sufficient after the course was completed. That the wrongdoers deserve severe punishment for all types of scientific fraud, including false authorship, thought significantly (pscience ethics had a great impact on the attendees, enlarging their knowledge of responsible conduct of research and changing their previous, somewhat opportunistic, behavior regarding the reluctance to react publicly and punish the wrongdoers.

  2. Managing major data of genetically modified mice: from scientific demands to legal obligations.

    Science.gov (United States)

    Staudt, Michael; Trauth, Jürgen; Hindi, Iris El; Galuschka, Claudia; Sitek, Dagmar; Schenkel, Johannes

    2012-10-01

    The number of genetically modified mice is increasing rapidly. Several limitations when working with these animals are to be considered: small colonies, the continued danger of loss, often a limited breeding-success, the need to keep those mutants in stock, difficult and costly import-procedures, and also a major (scientific) value of those mutants often available only with major restrictions. To gather relevant information about all active and archived genetically modified mouse lines available in-house (>1.500) and to deal with a unique resource for several, quite different purposes, a data base was developed enabling optimum knowledge management and easy access. The data base covers also legal restraints and is being linked with the institutional publication repository. To identify the lines available detailed information is provided for each line, as the international designation, a short name, the characterization/description, and the genetic modification including the technique used therefore. The origin of the mutation (gene-ID# and donor organism), the origin of regulatory elements and their donors are listed as well as the genetic background, back-cross generation, phenotype, possible publications, keywords, and some in-house information. Also aspects of animal welfare, obligations to record genetically modified organisms, and technology transfer are displayed; the latter to make licenses possible (if legally permitted). Material transfer agreements, patents, or legal restrictions are listed. This data base helps to avoid double-imports, saves animals and costs since a redundant generation or import can be omitted. However, this is a contribution to the 3R principles developed by Russell and Burch.

  3. From Needs to Rights : A Socio-Legal Account of Bridging Moral and Legal Universalism via Ethical Pluralism

    NARCIS (Netherlands)

    Zwitter, A.J.

    2013-01-01

    The question of the universality of human rights has much in common with the question of the universality of ethics. In the form of a multidisciplinary reflexive survey, the aim of this article is to show how human rights discourses derive from more basic principles related to basic needs. These

  4. The differing perspectives of workers and occupational medicine physicians on the ethical, legal and social issues of genetic testing in the workplace.

    Science.gov (United States)

    Brandt-Rauf, Sherry I; Brandt-Rauf, Elka; Gershon, Robyn; Brandt-Rauf, Paul W

    2011-01-01

    Genetic testing in the workplace holds the promise of improving worker health but also raises ethical, legal, and social issues. In considering such testing, it is critical to understand the perspectives of workers, who are most directly affected by it, and occupational health professionals, who are often directly involved in its implementation. Therefore, a series of focus groups of unionized workers (n=25) and occupational medicine physicians (n=23) was conducted. The results demonstrated strikingly different perspectives of workers and physicians in several key areas, including the goals and appropriateness of genetic testing, and methods to minimize its risks. In general, workers were guided by a profound mistrust of the employer, physician, and government, while physicians were guided primarily by scientific and medical concerns, and, in many cases, by the business concerns distrusted by the workers.

  5. [Agustín Moreno: scientific psychology and women's legal responsibility in Spain].

    Science.gov (United States)

    Bandrés, Javier; Llavona, Rafael

    2011-11-01

    Agustín Moreno Rodríguez (1886-1967) studied Medicine and Natural Sciences at the Central University of Spain, in Madrid. He was a student of Dr. Luis Simarro, the University's professor of Experimental Psychology and of Tomas Maestre, the University's professor of Medical Law, Toxicology and Psychiatry. In 1910, he published the text The woman's civil and penal responsibility during the menstrual period. In this work, he approaches the question of the legal responsibility of women, based on the principle of excitation/reaction of Claude Bernard and on his personal version of the concept of iteration elaborated by Luis Simarro. Dr. Moreno also defends the thesis that menstruation adds some uniqueness to the function of the feminine psyche and, therefore, modifies the responsibility of a woman's actions. We also comment on the predominant approach to the mind of women in the Spanish scientific psychology of that time and the reaction of the Spanish feminist intellectuals.

  6. The ethical and medico-legal issues of trauma care | Hardcastle ...

    African Journals Online (AJOL)

    Abstract. Ethical issues confront trauma clinicians on a daily basis. This article highlights the similarities of trauma ethical dilemmas to those faced by other emergency care providers and takes the reader through the inpatient aspects of trauma care.

  7. Progression in Ethical Reasoning When Addressing Socio-scientific Issues in Biotechnology

    Science.gov (United States)

    Berne, Birgitta

    2014-11-01

    This article reports on the outcomes of an intervention in a Swedish school in which the author, a teacher-researcher, sought to develop students' (14-15 years old) ethical reasoning in science through the use of peer discussions about socio-scientific issues. Prior to the student discussions various prompts were used to highlight different aspects of the issues. In addition, students were given time to search for further information themselves. Analysis of students' written arguments, from the beginning of the intervention and afterwards, suggests that many students seem to be moving away from their use of everyday language towards using scientific concepts in their arguments. In addition, they moved from considering cloning and 'designer babies' solely in terms of the present to considering them in terms of the future. Furthermore, the students started to approach the issues in additional ways using not only consequentialism but also the approaches of virtue ethics, and rights and duties. Students' progression in ethical reasoning could be related to the characteristics of the interactions in peer discussions as students who critically and constructively argued with each other's ideas, and challenged each other's claims, made progress in more aspects of ethical reasoning than students merely using cumulative talk. As such, the work provides valuable indications for the importance of introducing peer discussions and debates about SSIs in connection to biotechnology into the teaching of science in schools.

  8. Ethical and legal questions as regards filling out dental clinical charts

    Directory of Open Access Journals (Sweden)

    Mauro Henrique Nogueira Guimarãe de Abreu

    Full Text Available Objective: Evaluate imperfections in filling out dental clinical history charts of patients attended at the “Universidade Estadual de Montes Claros – Unimontes”, in 2005, from the ethical and legal aspects. Method: Descriptive statistical analysis, Pearson’s correlation, Chi-Square test (p<0.05 with Bonferroni correction in a contingency table (p<0.003 tests were performed, and Anova – Tukey (p<0.05 were calculate using SPSS software. This study was conducted using 881 clinical history charts of 19 subjects. Results: The highest percentage of charts concerned Stomatology (12% and 8 th period of the course (25%. The majority (63.3% of chartshad fields left blank and in 68% the handwriting was illegible. Unjustifiable erasures were found in 74.7% of charts. The majority of charts (98% were filled out in ink. The treatment plan was signed by course tutor in 83% of the cases. The term of consent was signed in the 94.9 % of the charts. As regards mistakes, 5.1% of documents had one error; 42% two errors; 23.5% three or more errors (average 1.89(± 0.9; percentile 25%=1; 50%=2 and 75%=2. The difference in the proportion of errors as regards filling out all fields differed statistically among the periods (p<0.05. Conclusion: It was concluded that an alarming number of documents were filled out incorrectly. The worst filling out performance was shown in the 5th, 6th and 7th periods (p<0.05.

  9. A Combined Ethical and Scientific Analysis of Large-scale Tests of Solar Climate Engineering

    Science.gov (United States)

    Ackerman, T. P.

    2017-12-01

    Our research group recently published an analysis of the combined ethical and scientific issues surrounding large-scale testing of stratospheric aerosol injection (SAI; Lenferna et al., 2017, Earth's Future). We are expanding this study in two directions. The first is extending this same analysis to other geoengineering techniques, particularly marine cloud brightening (MCB). MCB has substantial differences to SAI in this context because MCB can be tested over significantly smaller areas of the planet and, following injection, has a much shorter lifetime of weeks as opposed to years for SAI. We examine issues such as the role of intent, the lesser of two evils, and the nature of consent. In addition, several groups are currently considering climate engineering governance tools such as a code of ethics and a registry. We examine how these tools might influence climate engineering research programs and, specifically, large-scale testing. The second direction of expansion is asking whether ethical and scientific issues associated with large-scale testing are so significant that they effectively preclude moving ahead with climate engineering research and testing. Some previous authors have suggested that no research should take place until these issues are resolved. We think this position is too draconian and consider a more nuanced version of this argument. We note, however, that there are serious questions regarding the ability of the scientific research community to move to the point of carrying out large-scale tests.

  10. Linked health data for pharmacovigilance in children: perceived legal and ethical issues for stakeholders and data guardians.

    Science.gov (United States)

    Hopf, Yvonne Marina; Bond, Christine B; Francis, Jill J; Haughney, John; Helms, Peter J

    2014-02-12

    The inclusion of the Community Health Index in the recording of National Health Service (NHS) contacts in Scotland facilitates national linkage of data such as prescribing and healthcare utilisation. This linkage could be the basis for identification of adverse drug reactions. The aim of this article is to report the views of healthcare professionals on data sharing, ownership and the legal and other applicable frameworks relevant to linkage of routinely collected paediatric healthcare data. Qualitative study using semistructured face-to-face interviews addressing the study aims. Purposive sample of professional stakeholders (n=25) including experts on ethics, data protection, pharmacovigilance, data linkage, legal issues and prescribing. Interviews were audio-recorded, transcribed and thematically analysed using a framework approach. Participants identified existing data sharing systems in the UK. Access to healthcare data should be approved by the data owners. The definition of data ownership and associated legal responsibilities for linked healthcare data were seen as important factors to ensure accountability for the use of linked data. Yet data owners were seen as facilitators of the proposed data linkage. Twelve frameworks (legal, regulatory and governance) applicable to the linkage of healthcare data were identified. A large number of potentially relevant legal and regulatory frameworks were identified. Ownership of the linked data was seen as an extension of responsibility for, or guardianship of, the source datasets. The consensus emerging from the present study was that clarity is required on the definition of data sharing, data ownership and responsibilities of data owners.

  11. Resource allocation on the frontlines of public health preparedness and response: report of a summit on legal and ethical issues.

    Science.gov (United States)

    Barnett, Daniel J; Taylor, Holly A; Hodge, James G; Links, Jonathan M

    2009-01-01

    In the face of all-hazards preparedness challenges, local and state health department personnel have to date lacked a discrete set of legally and ethically informed public health principles to guide the distribution of scarce resources in crisis settings. To help address this gap, we convened a Summit of academic and practice experts to develop a set of principles for legally and ethically sound public health resource triage decision-making in emergencies. The invitation-only Summit, held in Washington, D.C., on June 29, 2006, assembled 20 experts from a combination of academic institutions and nonacademic leadership, policy, and practice settings. The Summit featured a tabletop exercise designed to highlight resource scarcity challenges in a public health infectious disease emergency. This exercise served as a springboard for Summit participants' subsequent identification of 10 public health emergency resource allocation principles through an iterative process. The final product of the Summit was a set of 10 principles to guide allocation decisions involving scarce resources in public health emergencies. The principles are grouped into three categories: obligations to community; balancing personal autonomy and community well-being/benefit; and good preparedness practice. The 10 Summit-derived principles represent an attempt to link law, ethics, and real-world public health emergency resource allocation practices, and can serve as a useful starting framework to guide further systematic approaches and future research on addressing public health resource scarcity in an all-hazards context.

  12. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

    Science.gov (United States)

    Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

    2016-01-01

    This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

  13. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

    Directory of Open Access Journals (Sweden)

    Kathleen Charlebois

    Full Text Available This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1 Getting comfortable with cloud computing; 2 Weighing the advantages and the risks of cloud computing; 3 Reconciling cloud computing with data privacy; 4 Maintaining trust and 5 Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

  14. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues

    Science.gov (United States)

    Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

    2016-01-01

    This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers’ perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers’ legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients’ control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale. PMID:27755563

  15. Legal, Social, Ethical, and Medical Perspectives on the Care of the Statutory Rape Adolescent in the Emergency Department.

    Science.gov (United States)

    Tsai, Shiu-Lin; Acosta, Elvira; Cardenas, Toni; Sigall, Jeremy K; Van Geem, Kevin

    2017-07-01

    Rapes involving adolescents who present to the emergency department (ED) are fraught with ethical and legal complexities and are often emotionally turbulent for patients, their families, and medical providers. Management requires a thoughtful approach from multiple standpoints, including legal, psychosocial, ethical, and medical ones. However, there is no standardized sexual assault education for emergency medicine residents, and management practices vary widely. 1,2 We present a hypothetical statutory rape case based on real cases that occurred in New York City and bring together the perspectives of an attorney on the legal parameters, two social workers on the psychosocial issues, an ethicist on the moral considerations, and a pediatric emergency physician-who is also a sexual assault forensic examiner-on the medical treatments. We aim to provide a framework for physicians to navigate issues of patient-physician privilege involving minors, privacy rules, and mandatory reporting laws. Copyright © 2016 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

  16. Ethical, legal and societal considerations on Zika virus epidemics complications in scaling-up prevention and control strategies.

    Science.gov (United States)

    Tambo, Ernest; Madjou, Ghislaine; Khayeka-Wandabwa, Christopher; Olalubi, Oluwasogo A; Chengho, Chryseis F; Khater, Emad I M

    2017-08-25

    Much of the fear and uncertainty around Zika epidemics stem from potential association between Zika virus (ZIKV) complications on infected pregnant women and risk of their babies being born with microcephaly and other neurological abnormalities. However, much remains unknown about its mode of transmission, diagnosis and long-term pathogenesis. Worries of these unknowns necessitate the need for effective and efficient psychosocial programs and medical-legal strategies to alleviate and mitigate ZIKV related burdens. In this light, local and global efforts in maintaining fundamental health principles of moral, medical and legal decision-making policies, and interventions to preserve and promote individual and collectiveHuman Rights, autonomy, protection of the most vulnerable, equity, dignity, integrity and beneficence that should not be confused and relegated by compassionate humanitarian assistance and support. This paper explores the potential medical and ethical-legal implications of ZIKV epidemics emergency response packages and strategies alongside optimizing reproductive and mental health policies, programs and best practice measures. Further long-term cross-borders operational research is required in elucidating Zika-related population-based epidemiology, ethical-medical and societal implications in guiding evidence-based local and global ZIKV maternal-child health complications related approaches and interventions. Core programs and interventions including future Zika safe and effective vaccines for global Zika immunization program in most vulnerable and affected countries and worldwide should be prioritized.

  17. THE PROBLEM OF CORRUPTION OF BASIC SCIENTIFIC INVESTIGATIONS IN PARTICULAR: FORMAL-ETHIC AND ECONOMIC ASPECTS

    Directory of Open Access Journals (Sweden)

    V. O. Lobovikov

    2016-01-01

    Full Text Available The aim of the paper is to carry out historical-philosophical andlinguistic analysis of ethical and metaphysical doctrine of Aristotle on corruption in general; to discuss of formal-ethical view on the problem of corruption in basic scientific researches; to define the place and role of fundamental scientific researches in knowledge-based economy taken as a whole, and Boston Chart, in particular.Methods. The methods involve the historical-philosophical and logical-linguistic analysis of texts; creation and studying of the elementary discrete mathematical model of the researched moral phenomenon at the level of artificial language of two-digit algebra of the natural right and morals; use of such conceptual and figurative tool of the economic theory as Boston Chart.Results and scientific novelty. The definition of the concept «basic scientific research» is given for the first time; the concept includes time parameter and knowledge of utility (the practical importance of results of this research.Practical significance. The submitted definition (criterion gives a possibility to establish at any moment of time definite borderline between the basic and the applied scientific search (the line undergoes change in the flow of time. The effective criterion of basic scientific researches offered by the author, and also exact specifying of their place and role in lifecycle of knowledge as goods in market economy (at the conceptual level of the Boston Chart allow to designate an urgent problem of corruption of the scientific sphere in a new perspective. Along with some additional conditions, this new evidence could help to solve the problem.

  18. Legal and Ethical Issues Related to the Management of Cultural Heritage in Space

    Science.gov (United States)

    Walsh, Justin

    in space. The United Nations Outer Space Treaty of 1967 -the primary document governing how nations act in outer space -is now hopelessly out-of-date. There is no mention in the treaty of cultural heritage (the UNESCO convention that concerns international protection of cultural heritage on Earth was not completed until 1970), nor was there any recognition of the role private groups and individuals might play in space exploration. This paper will outline key legal and ethical issues related to cultural heritage management and protection. It will also suggest some ways in which culturally significant sites in space can be protected for future study and even touristic appreciation.

  19. Personal genome testing: Test characteristics to clarify the discourse on ethical, legal and societal issues

    Directory of Open Access Journals (Sweden)

    Janssens A Cecile JW

    2011-06-01

    Full Text Available Abstract Background As genetics technology proceeds, practices of genetic testing have become more heterogeneous: many different types of tests are finding their way to the public in different settings and for a variety of purposes. This diversification is relevant to the discourse on ethical, legal and societal issues (ELSI surrounding genetic testing, which must evolve to encompass these differences. One important development is the rise of personal genome testing on the basis of genetic profiling: the testing of multiple genetic variants simultaneously for the prediction of common multifactorial diseases. Currently, an increasing number of companies are offering personal genome tests directly to consumers and are spurring ELSI-discussions, which stand in need of clarification. This paper presents a systematic approach to the ELSI-evaluation of personal genome testing for multifactorial diseases along the lines of its test characteristics. Discussion This paper addresses four test characteristics of personal genome testing: its being a non-targeted type of testing, its high analytical validity, low clinical validity and problematic clinical utility. These characteristics raise their own specific ELSI, for example: non-targeted genetic profiling poses serious problems for information provision and informed consent. Questions about the quantity and quality of the necessary information, as well as about moral responsibilities with regard to the provision of information are therefore becoming central themes within ELSI-discussions of personal genome testing. Further, the current low level of clinical validity of genetic profiles raises questions concerning societal risks and regulatory requirements, whereas simultaneously it causes traditional ELSI-issues of clinical genetics, such as psychological and health risks, discrimination, and stigmatization, to lose part of their relevance. Also, classic notions of clinical utility are challenged by the

  20. Inclusion and exclusion in nutrigenetics clinical research: ethical and scientific challenges.

    Science.gov (United States)

    Hurlimann, T; Stenne, R; Menuz, V; Godard, B

    2011-01-01

    There are compelling reasons to ensure the participation of ethnic minorities and populations of all ages worldwide in nutrigenetics clinical research. If findings in such research are valid for some individuals, groups, or communities, and not for others, then ethical questions of justice--and not only issues of methodology and external validity--arise. This paper aims to examine inclusion in nutrigenetics clinical research and its scientific and ethical challenges. In total, 173 publications were identified through a systematic review of clinical studies in nutrigenetics published between 1998 and 2007. Data such as participants' demographics as well as eligibility criteria were extracted. There is no consistency in the way participants' origins (ancestry, ethnicity, or race) and ages are described in publications. A vast majority of the studies identified was conducted in North America and Europe and focused on 'white' participants. Our results show that pregnant women (and fetuses), minors, and the elderly (≥ 75 years old) remain underrepresented. Representativeness in nutrigenetics research is a challenging ethical and scientific issue. Yet, if nutrigenetics is to benefit whole populations and be used in public and global health agendas, fair representation as well as clear descriptions of participants in publications are crucial. Copyright © 2012 S. Karger AG, Basel.

  1. Honoring Our Ethical Origins: Scientific Integrity and Geoethics, Past, Present, and Future

    Science.gov (United States)

    Gundersen, L. C.

    2017-12-01

    Current ethics policy owes much of its origins to Aristotle and his writings on virtue - including the idea that if we understand and rationally practice virtue and excellence, we will be our best selves. From this humble beginning emerged a number of more complex, ever evolving, ethical theories. The Hypocratic Oath and atrocities of World War II resulted in the roots of scientific integrity through the Nuremberg Code and the Belmont Report, which set ethical rules for human experimentation, including, respect, beneficence, and justice. These roots produced bioethics, medical ethics, environmental ethics, and geoethics. Geoethics has its origins in Europe and is being embraced in the U.S.A. It needs a respected place in the geoscience curriculum, especially as we face the global challenges of climate change and sustainability. Modern scientific integrity in the U.S.A., where research misconduct is defined as fabrication, falsification, and plagiarism, was derived from efforts of the 1980's through 1990's by the Nat'l Institutes of Health and Nat'l Academy of Sciences (NAS). This definition of misconduct has remained an immovable standard, excluding anything not of the scientific process, such as personal behaviors within the research environment. Modern scientific integrity codes and reports such as the Singapore Statement, the NAS' Fostering Integrity in Research, and current federal agency policies, provide standards of behavior to aspire to, and acknowledge the deleterious effects of certain behaviors and practices, but still hesitate to include them in formal definitions of research misconduct. Modern media is holding a mirror to what is happening in the research environment. There are conflicts of interest, misrepresentations of data and uncertainty, discrimination, harassment, bullying, misuse of funds, withholding of data and code, intellectual theft, and a host of others, that are having a serious detrimental effect on science. For science to have its best

  2. Including People with Dementia in Research: An Analysis of Australian Ethical and Legal Rules and Recommendations for Reform.

    Science.gov (United States)

    Ries, Nola M; Thompson, Katie A; Lowe, Michael

    2017-09-01

    Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation precludes a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives.

  3. THE MEDICO-SCIENTIFIC MARGINALISATION OF HOMEOPATHY: INTERNATIONAL LEGAL AND REGULATORY DEVELOPMENTS.

    Science.gov (United States)

    Freckelton, Ian

    2015-09-01

    The 2010 report of the United Kingdom Science and Technology Committee of the House of Commons and the 2015 report of the Australian National Health and Medical Research Council have overtaken in significance the uncritical Swiss report of 2012 and have gone a long way to changing the environment of tolerance toward proselytising claims of efficacy in respect of homeopathy. The inquiry being undertaken in the United States by the Food and Drug Administration during 2015 may accelerate this trend. An outcome of the reports and inquiries has been a series of decisions from advertising regulators and by courts rejecting medically unjustifiable claims in respect of the efficacy of homeopathy. Class actions have also been initiated in North America against manufacturers of homeopathic products. The changing legal and regulatory environment is generating an increasingly scientifically marginalised existence for homeopathy. That new environment is starting to provide effective inhibition of assertions on behalf of homeopathy and other health modalities whose claims to therapeutic efficacy cannot be justified by reference to the principles of evidence-based health care. This has the potential to reduce the financial support that is provided by insurers and governments toward homeopathy and to result in serious liability exposure for practitioners, manufacturers and those who purvey homeopathic products, potentially including pharmacists. In addition, it may give a fillip to a form of regulation of homeopaths if law reform to regulate unregistered health practitioners gathers momentum, as is taking place in Australia.

  4. Sexual exploitation and trafficking of the young and vulnerable: reflections on a legal, ethical, and human rights disgrace.

    Science.gov (United States)

    English, Abigail

    2011-08-01

    Sexual exploitation and trafficking of the young and vulnerable has devastating consequences for their physical and emotional development, health, and well-being. The horrific treatment they suffer bears the hallmarks of evil made manifest. Governments have enacted laws pursuant to international treaties, conventions, and protocols. Nonprofit and nongovernmental organizations (NGOs) are working to prevent young people from being exploited and trafficked, to identify victims, and to provide services to survivors. Progress in addressing the problem is haltingly slow in relation to its magnitude. The prevalence and persistence of this phenomenon is an ethical, legal, and human rights disgrace.

  5. Telemedicine a need for ethical and legal guidelines in South Africa ...

    African Journals Online (AJOL)

    and one international association have developed ethical guidelines. Several medical disciplines have established national guide-lines for their speciality. Common ethical issues identified include the doctor-patient relationship, informed consent, confidentiality, data security, adequacy of records, data standards and quality ...

  6. Students Who Self-Injure: School Counselor Ethical and Legal Considerations

    Science.gov (United States)

    White Kress, Victoria E.; Costin, Amanda; Drouhard, Nicole

    2006-01-01

    This article explores ethical considerations that school counselors may need to address when providing counseling services to self-injurious students. Ethical issues related to student confidentiality, responsibilities to parents and to the school, and professional competence are discussed in relation to the American School Counselor Association's…

  7. Implementation of minimal invasive gynaecological surgery certification will challenge gynaecologists with new legal and ethical issues.

    Science.gov (United States)

    Tanos, V; Socolov, R; Demetriou, P; Kyprianou, M; Watrelot, A; Van Belle, Y; Campo, R

    2016-06-27

    The introduction of a certification / diploma program in Minimal Invasive Surgery (MIS) is expected to improve surgical performance, patient's safety and outcome. The Gynaecological Endoscopic Surgical Education and Assessment programme (GESEA) and the ESHRE Certification for Reproductive Endoscopic Surgery (ECRES) provides a structured learning path, recognising different pillars of competence. In order to achieve a high level of competence a two steps validation is necessary: (a) the individual should be certified of having the appropriate theoretical knowledge and (b) the endoscopic psychomotor skills before entering in the diploma programme reflecting the surgical competence. The influence of such an educational and credentialing path could improve safety and offer financial benefits to the hospitals, physicians and healthcare authorities. Moreover the medicolegal consequences can be important when a significant amount of surgeons possess the different diplomas. As the programs are becoming universally accessible, recognised as the best scientific standard, included in the continuous medical education (CME) and continuous professional development (CPD), it is expected that a significant number of surgeons will soon accomplish the diploma path. The co-existence and practice of both non-certified and certified surgeons with different degrees of experience is unavoidable. However, it is expected that national health systems (NHS), hospitals and insurance companies will demand and hire doctors with high and specific proficiency to endoscopic surgery. When medico-legal cases are under investigation, the experts should be aware of the limitations that individual experience provides. The court first of all examines and then judges if there is negligence and decides accordingly. However, lack of certification may be considered as negligence by a surgeon operating a case that eventual faces litigation problems. Patients' safety and objective preoperative counselling are

  8. Implementation of minimal invasive gynaecological surgery certification will challenge gynaecologists with new legal and ethical issues

    Science.gov (United States)

    Tanos, V; Socolov, R; Demetriou, P; Kyprianou, M; Watrelot, A; Van Belle, Y; Campo, R

    2016-01-01

    Abstract The introduction of a certification / diploma program in Minimal Invasive Surgery (MIS) is expected to improve surgical performance, patient’s safety and outcome. The Gynaecological Endoscopic Surgical Education and Assessment programme (GESEA) and the ESHRE Certification for Reproductive Endoscopic Surgery (ECRES) provides a structured learning path, recognising different pillars of competence. In order to achieve a high level of competence a two steps validation is necessary: (a) the individual should be certified of having the appropriate theoretical knowledge and (b) the endoscopic psychomotor skills before entering in the diploma programme reflecting the surgical competence. The influence of such an educational and credentialing path could improve safety and offer financial benefits to the hospitals, physicians and healthcare authorities. Moreover the medicolegal consequences can be important when a significant amount of surgeons possess the different diplomas. As the programs are becoming universally accessible, recognised as the best scientific standard, included in the continuous medical education (CME) and continuous professional development (CPD), it is expected that a significant number of surgeons will soon accomplish the diploma path. The co-existence and practice of both non-certified and certified surgeons with different degrees of experience is unavoidable. However, it is expected that national health systems (NHS), hospitals and insurance companies will demand and hire doctors with high and specific proficiency to endoscopic surgery. When medico-legal cases are under investigation, the experts should be aware of the limitations that individual experience provides. The court first of all examines and then judges if there is negligence and decides accordingly. However, lack of certification may be considered as negligence by a surgeon operating a case that eventual faces litigation problems. Patients’ safety and objective preoperative

  9. Withdrawal of ventilation at the patient's request in MND: a retrospective exploration of the ethical and legal issues that have arisen for doctors in the UK.

    Science.gov (United States)

    Phelps, Kay; Regen, Emma; Oliver, David; McDermott, Chris; Faull, Christina

    2017-06-01

    Ventilatory support has benefits including prolonging survival for respiratory failure in motor neurone disease (MND). At some point some patients may wish to stop the intervention. The National Institute of Health and Care Excellence (NICE) guidance recommends research is needed on ventilation withdrawal. There is little literature focusing on the issues doctors encounter when withdrawing ventilation at the request of a patient. To identify and explore with doctors the ethical and legal issues that they had encountered in the withdrawal of ventilation at the request of a patient with MND. A retrospective thematic analysis of interviews of 24 doctors (including palliative care, respiratory, neurology and general practice) regarding their experiences with withdrawal of ventilation support from patients with MND. Respondents found withdrawal of ventilation at the request of patients with MND to pose legal, ethical and moral challenges in five themes: ethical and legal rights to withdrawal from treatment; discussions with family; discussions with colleagues; experiences of legal advice; issues contributing to ethical complexity. Though clear about the legality of withdrawal of treatment in theory, the practice led to ethical and moral uncertainty and mixed feelings. Many respondents had experienced negative reactions from other healthcare professionals when these colleagues were unclear of the distinction between palliation of symptoms, withdrawal of treatment and assisted death. Legal, ethical and practical guidance is needed for professionals who support a patient with MND who wishes to withdraw from ventilation. Open discussion of the ethical challenges is needed as well as education and support for professionals. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  10. In search of biomarkers for autism: scientific, social and ethical challenges.

    Science.gov (United States)

    Walsh, Pat; Elsabbagh, Mayada; Bolton, Patrick; Singh, Ilina

    2011-09-20

    There is widespread hope that the discovery of valid biomarkers for autism will both reveal the causes of autism and enable earlier and more targeted methods for diagnosis and intervention. However, growing enthusiasm about recent advances in this area of autism research needs to be tempered by an awareness of the major scientific challenges and the important social and ethical concerns arising from the development of biomarkers and their clinical application. Collaborative approaches involving scientists and other stakeholders must combine the search for valid, clinically useful autism biomarkers with efforts to ensure that individuals with autism and their families are treated with respect and understanding.

  11. Meta-Ethics and Legal Theory : The Case of Gustav Radbruch

    OpenAIRE

    Spaak, Torben

    2009-01-01

    The received view among legal theorists has been that Gustav Radbruch’s post-war standpoint was that law and morality are conceptually connected, and that therefore laws that are intolerably unjust are flawed law and must yield to justice; whereas Radbruch’s pre-war stance had been that of a legal positivist and a moral relativist. But recently Stanley Paulson has challenged the received view, arguing that Radbruch really wasn’t a legal positivist before the war, and that Radbruch’s pre-war a...

  12. Telemedicine a need for ethical and legal guidelines in South Africa

    African Journals Online (AJOL)

    Common ethical issues identified include the doctor-patient relationship, informed consent, ... access to quality health care in rural areas by providing access to specialists ..... commercial communication software like Microsoft Outlook®, which.

  13. Brain death in the pediatric patient: historical, sociological, medical, religious, cultural, legal, and ethical considerations.

    Science.gov (United States)

    Farrell, M M; Levin, D L

    1993-12-01

    transplanted liver, a reversed coagulation system, a blocked immune system, and a paralyzed musculoskeletal system. A human being is a man, woman, or child who is a composite of two intricately related but conceptually distinguishable components: the biological entity and the person. Therefore, human beings can suffer more than one death: a biological death and decay, and another death. Biological death is a cessation of processes of biological synthesis and replication, and is an irreversible loss of integration of the biological units. The reasons for having criteria for death are to diagnose death and pronounce a person dead. Society can then begin to engage in grief, religious rites, funerals, and burials, and accept biological death. Wills can be read, property distributed, insurance claimed, individuals can remarry, succession can take place, and legal proceedings can begin. Also, organ donation can take place, which entails difficult ethical decisions. The Harvard criteria of 1968 were devised to set forth brain-death criteria with whole brain death in mind. Currently, there are several controversies regarding these criteria: a) whether they apply to infants and children; b) whether ancillary tests are necessary; c) what the intervals of observation and testing are; and d) are there exceptions to the whole brain death criteria. Concerning the use of the adult criteria for infants and children, most researchers now agree that the adult criteria apply to infants and children who are full term and > 7 days of age. Concerning ancillary tests, there has been, in our machine- and technology-oriented profession, a great deal of emphasis on the different tests and their ability to fulfill the criteria of whole brain death. However, clinical examination and the apnea test are usually sufficient to fulfill the criteria. Ancillary tests may be desired in some cases, and a variety of these tests is available. (ABSTRACT TR

  14. Publication Ethics and the Emerging Scientific Workforce: Understanding ‘Plagiarism’ in a Global Context

    Science.gov (United States)

    Cameron, Carrie; Zhao, Hui; McHugh, Michelle K.

    2013-01-01

    Scientific publication has long been dominated by the English language and is rapidly moving towards near complete hegemony of English, while the majority of the world’s publishing scientists are not native English speakers. This imbalance has important implications for training in and enforcement of publication ethics, particularly with respect to plagiarism. A lack of understanding of what constitutes plagiarism and the use of a linguistic support strategy known as patchwriting can lead to inadvertent misuse of source material by non-native speakers writing in English as well as to unfounded accusations of intentional scientific misconduct on the part of these authors. A rational and well-informed dialogue about this issue is needed among both native English speaking and non-native English speaking writers, editors, educators, and administrators. Recommendations for educating and training are provided. PMID:22104051

  15. Perspective: publication ethics and the emerging scientific workforce: understanding "plagiarism" in a global context.

    Science.gov (United States)

    Cameron, Carrie; Zhao, Hui; McHugh, Michelle K

    2012-01-01

    English has long been the dominant language of scientific publication, and it is rapidly approaching near-complete hegemony. The majority of the scientists publishing in English-language journals are not native English speakers, however. This imbalance has important implications for training concerning ethics and enforcement of publication standards, particularly with respect to plagiarism. The authors suggest that lack of understanding of what constitutes plagiarism and the use of a linguistic support strategy known as "patchwriting" can lead to inadvertent misuse of source material by nonnative speakers writing in English as well as to unfounded accusations of intentional scientific misconduct on the part of these authors. They propose that a rational and well-informed dialogue about this issue is needed among editors, educators, administrators, and both native-English-speaking and nonnative-English-speaking writers. They offer recommendations for creating environments in which such dialogue and training can occur.

  16. Legal Education in Brazil: maintaining the scientific positivism and consoliding the authoritarism in the criminal control

    Directory of Open Access Journals (Sweden)

    Débora Regina Pastana

    2008-03-01

    Full Text Available This article reports analyses and conclusions formulated from comments about Brazilian Criminal Justice and that they had given to origin the thesis “Criminal Justice in Current Brazil: Democratic speech - practical authoritarian”. Focusing specifically national legal education, this text looks for to associate the maintenance of the authoritarianism in the criminal control to the positivist tradition of national legal science.

  17. Breakdowns in communication of radiological findings: an ethical and medico-legal conundrum

    OpenAIRE

    Berlin, Leonard; Murphy, Daniel R.; Singh, Hardeep

    2014-01-01

    Communication problems in diagnostic testing have increased in both number and importance in recent years. The medical and legal impact of failure of communication is dramatic. Over the past decades, the courts have expanded and strengthened the duty imposed on radiologists to timely communicate radiologic abnormalities to referring physicians and perhaps the patients themselves in certain situations. The need to communicate these findings goes beyond strict legal requirements: there is a mor...

  18. Human and animal research guidelines: aligning ethical constructs with new scientific developments.

    Science.gov (United States)

    Ferdowsian, Hope

    2011-10-01

    Both human research and animal research operate within established standards and procedures. Although the human research environment has been criticized for its sometimes inefficient and imperfect process, reported abuses of human subjects in research served as the impetus for the establishment of the Nuremberg Code, Declaration of Helsinki, and the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research and the resulting Belmont Report. No similar, comprehensive and principled effort has addressed the use of animals in research. Although published policies regarding animal research provide relevant regulatory guidance, these policies have not emerged from the process of specifying consistent and reasoned ethical principles. The lack of a fundamental effort to explore the ethical issues and principles regarding the use of animals in research has led to unclear and disparate policies. Recent studies have increased our understanding of animal cognition and emotion, suggesting that animals' potential for experiencing a wide variety of harms, such as pain and fear, is greater than has been previously appreciated. Furthermore, relationships between methods of captivity and certain laboratory procedures and the resulting adverse physical, social and psychological effects have been established. In light of this information, current protections may need to be reconsidered and modified. This paper explores the historical convergence and divergence in the creation of human and animal research guidelines, as well as opportunities to align ethical frameworks with new scientific discoveries. © 2011 Blackwell Publishing Ltd.

  19. The use of pornographic materials by adolescent male cancer patients when banking sperm in the UK: legal and ethical dilemmas.

    Science.gov (United States)

    Crawshaw, Marilyn A; Glaser, Adam W; Pacey, Allan A

    2007-09-01

    Increased awareness of the importance of fertility concerns to teenage cancer survivors is leading to growing numbers of male teenagers being offered sperm banking at the time of diagnosis. This is now extending to males diagnosed with other conditions where gonadotoxic agents are used in treatment. The storage of sperm in these circumstances is a challenging aspect of health care, given the complex issues and timescale involved. UK law has been enacted to protect legal minors from the potentially harmful effects of exposure to pornographic materials, yet there is reason to suppose that their use in this context could have therapeutic benefit in aiding successful masturbation. This paper uses material gained through consultation with the eleven largest UK sperm banks and 94 male teenage cancer survivors, to discuss the associated legal and ethical dilemmas, including those around the role of parents/carers. Findings suggest that there is variable practice in sperm banks, that almost a quarter of teenage males wanted access to soft porn when banking sperm, and half wanted to bring in their own materials. It concludes that there is an urgent need for any legal barriers to the therapeutic use of pornographic materials to be understood and examined.

  20. Scientific integrity and research ethics an approach from the ethos of science

    CERN Document Server

    Koepsell, David

    2017-01-01

    This book is an easy to read, yet comprehensive introduction to practical issues in research ethics and scientific integrity. It addresses questions about what constitutes appropriate academic and scientific behaviors from the point of view of what Robert Merton called the “ethos of science.” In other words, without getting into tricky questions about the nature of the good or right (as philosophers often do), Koepsell’s concise book provides an approach to behaving according to the norms of science and academia without delving into the morass of philosophical ethics. The central thesis is that: since we know certain behaviors are necessary for science and its institutions to work properly (rather than pathologically), we can extend those principles to guide good behaviors as scientists and academics. The Spanish version of this book was commissioned by the Mexican National Science Foundation (CONACyT) and is being distributed to and used by Mexican scientists in a unique, national plan to improve scie...

  1. The legal and ethical aspects of the right to health of migrants in Switzerland.

    Science.gov (United States)

    Marks-Sultan, Géraldine; Kurt, Stefanie; Leyvraz, Didier; Sprumont, Dominique

    The right to health of migrant populations, whether they are foreign nationals, foreign workers, tourists, asylum seekers or refugees, is enshrined in international human rights treaties. The effectiveness of the implementation of this fundamental right thus lies in national legal frameworks. In spite of its long humanitarian tradition, Switzerland has a strict migration policy, and while it has established a non-discriminatory legal framework for the protection and promotion of the right to health, its laws and regulations sometimes codify differences in treatment between foreign nationals and Swiss residents based on distinct situations. On the basis of shared responsibilities between the Federal State and the 26 cantons, this article describes the Swiss legal and regulatory approach to the right to health, the ways it is currently implemented and the possible vectors for an improved integration of migrants into the health system.

  2. La huelga de hambre en el ámbito penitenciario: aspectos éticos, deontológicos y legales Hunger striking in prisons: ethics and the ethical and legal aspects

    Directory of Open Access Journals (Sweden)

    J. García-Guerrero

    2013-06-01

    Full Text Available La huelga de hambre es una forma de reivindicación frecuente en prisiones y puede llegar a ocasionar multitud de problemas de todo tipo, tanto a la Administración penitenciaria como a los médicos encargados de la asistencia a los presos que la hacen. Asuntos como el conflicto de derechos y obligaciones en juego, así como la forma de tratarla en personas que están sujetas a la Administración, que en este caso adopta una posición de garante, han generado no poca polémica doctrinal. La objeción de conciencia y el conflicto de doble fidelidad de los médicos que trabajan en las prisiones son también asuntos muy ligados a una huelga de hambre penitenciaria. En este trabajo se revisará la solución que se da al problema del tratamiento de la huelga de hambre penitenciaria desde tres perspectivas: ética, deontológica y legal.Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

  3. Scientific Productivity on Research in Ethical Issues over the Past Half Century: A JoinPoint Regression Analysis.

    Science.gov (United States)

    Long, Nguyen Phuoc; Huy, Nguyen Tien; Trang, Nguyen Thi Huyen; Luan, Nguyen Thien; Anh, Nguyen Hoang; Nghi, Tran Diem; Hieu, Mai Van; Hirayama, Kenji; Karbwang, Juntra

    2014-09-01

    Ethics is one of the main pillars in the development of science. We performed a JoinPoint regression analysis to analyze the trends of ethical issue research over the past half century. The question is whether ethical issues are neglected despite their importance in modern research. PubMed electronic library was used to retrieve publications of all fields and ethical issues. JoinPoint regression analysis was used to identify the significant time trends of publications of all fields and ethical issues, as well as the proportion of publications on ethical issues to all fields over the past half century. Annual percent changes (APC) were computed with their 95% confidence intervals, and a p-value years (from 1996 to 2013). When comparing the absolute number of ethics related articles (APEI) to all publications of all fields (APAF) on PubMed, the results showed that the proportion of APEI to APAF statistically increased during the periods of 1965-1974, 1974-1986, and 1986-1993, with APCs of 11.0, 2.1, and 8.8, respectively. However, the trend has gradually dropped since 1993 and shown a marked decrease from 2002 to 2013 with an annual percent change of -7.4%. Scientific productivity in ethical issues research on over the past half century rapidly increased during the first 30-year period but has recently been in decline. Since ethics is an important aspect of scientific research, we suggest that greater attention is needed in order to emphasize the role of ethics in modern research.

  4. Telemedicine a need for ethical and legal guidelines in South Africa

    African Journals Online (AJOL)

    access to quality health care in rural areas by providing access to specialists, preventing ... regulatory and ethical framework procedures”. The resulting ... medical journals, the Telemedicine Information Exchange (TIE) website was searched .... all established standards of security measures have been followed to protect the ...

  5. Surrender - A Soldier’s Legal, Ethical, and Moral Obligations; with Philippine Case Study.

    Science.gov (United States)

    1989-06-02

    69 - this view. Contemporary philosophers John Rawles , Alan Gerwirth, and Henry Shue, among others, express the conviction that each person can claim a...34 Machiavelli , Management, and Moral Leadership," in Military Ethics, edited by Wakin, Wenker, and Kempf, p.38. 48 Ibid., pp. 41 and 44. 49 Morris Janowitz

  6. Calculated Risk Taking in the Treatment of Suicidal Patients: Ethical and Legal Problems.

    Science.gov (United States)

    Maltsberger, John T.

    1994-01-01

    Discusses discharge of suicidal patients from inpatient care from both economic and ethical perspectives. Suggests that clinicians must exercise prudence in discharging patients unlikely to recover, considering duty to preserve life. Encourages discharge when benefits outweigh risks, with careful preparation of patient and family and meticulous…

  7. Group Counseling in the Schools: Legal, Ethical, and Treatment Issues in School Practice

    Science.gov (United States)

    Crespi, Tony D.

    2009-01-01

    School psychologists are interested in providing effective and efficient direct services to children. With a wide spectrum of psychological problems impacting children, group counseling represents one viable and valuable intervention. Given the complexity of group counseling, many schools and school psychologists are interested in legal and…

  8. Legal and Ethical Implications of Working with Minors in Alabama: Consent and Confidentiality

    Science.gov (United States)

    Keim, Michael A.; Cobia, Debra

    2010-01-01

    Until recently, there has been little guidance in the professional literature with respect to counseling minors outside of the school setting. Although most authors suggest referring to state statutes for legal limits of counseling practice, little research exists describing these requirements in Alabama. The purpose of this literature and…

  9. When is it permissible to dismiss a family who refuses vaccines? Legal, ethical and public health perspectives.

    Science.gov (United States)

    Halperin, Beth; Melnychuk, Ryan; Downie, Jocelyn; Macdonald, Noni

    2007-12-01

    Although immunization is one of the most important health interventions of the 20th century, cases of infectious disease continue to occur. There are parents who refuse immunization for their children, creating a dilemma for the primary care physician who must consider the best interest of the individual child as well as that of the community. Some physicians, when faced with parents who refuse immunization on behalf of their children, choose to dismiss these families from their practice. Given the existing shortage of primary care physicians across Canada, this decision to dismiss families based on vaccine refusal has far-reaching implications. The present article explores this issue in the Canadian context from a legal, ethical and public health perspective.

  10. [Analysis of barriers and legal-ethical opportunities for disclosure and apology for medical errors in Spain].

    Science.gov (United States)

    Giraldo, Priscila; Corbella, Josep; Rodrigo, Carmen; Comas, Mercè; Sala, Maria; Castells, Xavier

    2016-01-01

    To identify opportunities for disclosing information on medical errors in Spain and issuing an apology, as well as legal-ethical barriers. A cross-sectional study was conducted through a questionnaire sent to health law and bioethics experts (n=46). A total of 39 experts (84.7%) responded that health providers should always disclose adverse events and 38 experts (82.6%) were in favour of issuing an apology. Thirty experts (65.2%) reported that disclosure of errors would not lead to professional liability. The main opportunity for increasing disclosure was by enhancing trust in the physician-patient relationship and the main barrier was fear of the outcomes of disclosing medical errors. There is a broad agreement on the lack of liability following disclosure/apology on adverse events and the need to develop a strategy for disclosure among support for physicians. Copyright © 2015 SESPAS. Published by Elsevier Espana. All rights reserved.

  11. Ethics in writing: Learning to stay away from plagiarism and scientific misconduct

    Science.gov (United States)

    Sharma, Bharat Bhushan; Singh, Virendra

    2011-01-01

    Fraudulent data and plagiarized text may corrupt scientific medical literature and ultimately harm patients. By prescribing erroneous treatment to an individual, only single patient is affected; but by presenting incorrect data or transcripts, the whole scientific medical universe is affected. Although both scenarios are highly undesirable, one can assume the magnitude of the effect of latter. Writers of scientific medical literature have been found to be involved in plagiarism and other publication misconducts from time to time irrespective of social, economic and geographic structure. The reason of such behavior is not usually obvious. Easy availability of personal computers has led to widespread dissemination of medical literature. As a result, young scientists are now publishing their research more frequently and efficiently. At the same time, this has increased the tendency to submit hurriedly prepared, poorly drafted and even illegitimate publications. Use of some amount of copy–paste followed by modifications during preparation of a manuscript seems to be common. Therefore, the researchers, especially postgraduate students, should be educated continuously about ethical medical writing. PMID:21712931

  12. Enrolling HIV-positive adolescents in mental health research: A case study reflecting on legal and ethical complexities

    Directory of Open Access Journals (Sweden)

    Nataly Woollett

    2017-08-01

    Full Text Available Background. Adolescents living with HIV are an emerging group in the global HIV/AIDS epidemic. Mental health in this population affects HIV care, treatment, consequential morbidity and secondary transmission. There is a paucity of research regarding these youth in South Africa (SA, partly because section 71 of the National Health Act of 2003 (NHA requires parental or guardian’s consent. Objective. To explore legal and ethical issues related to conducting adolescent mental health research in SA. Methods. After obtaining a High Court order permitting research on minors aged <18 years without prior parental or guardian’s consent, we used qualitative and quantitative methods to interview adolescents in five clinics serving HIV-positive adolescents in Johannesburg. Results. Our study enrolled 343 participants; 74% were orphaned and did not have legal guardians, 27% were symptomatic for depression, anxiety or post-traumatic stress disorder, 24% were suicidal, and almost 90% did not feel that they belonged in the family with which they lived. Without court intervention, most of the participants could not have participated in this research because parental consent was impossible to obtain. This case study argues for exceptions to the parental consent requirement, which excludes orphaned and vulnerable children and youth from research. Conclusions. Recommendations are made to promote ethical integrity in conducting mental health research with adolescents. A balance is needed between protecting adolescents from exploitation and permitting access to benefits of research. Requiring parental consent for all research does not necessarily give effect to policy. For the vast majority of SA HIV-positive adolescents, parental consent is not possible. Section 71 of the NHA ought to be amended to facilitate valuable and necessary research concerning HIV-positive orphan children and adolescents.

  13. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Directory of Open Access Journals (Sweden)

    Puybasset Louis

    2011-02-01

    Full Text Available Abstract To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  14. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Science.gov (United States)

    2011-01-01

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made. PMID:21303504

  15. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective.

    Science.gov (United States)

    Baumann, Antoine; Claudot, Frédérique; Audibert, Gérard; Mertes, Paul-Michel; Puybasset, Louis

    2011-02-08

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  16. Case Study of a Coffee War: Using the "Starbucks v. Charbucks" Dispute to Teach Trademark Dilution, Business Ethics, and the Strategic Value of Legal Acumen

    Science.gov (United States)

    Melvin, Sean P.

    2012-01-01

    A Harvard Business School-style teaching case can be a powerful pedagogical tool to teach law and ethics to business students because instructors can combine a traditional business case study with Socratic-style dialogue and legal analysis from a managerial perspective. This teaching note includes suggestions for several methods of using the case,…

  17. Teaching the Fair Debt Collection Practices Act to Legal and Ethical Environment of Business Undergraduate Students through a Role-Play Experiential Learning Exercise

    Science.gov (United States)

    Lee, Konrad S.; Thue, Matthew I.

    2017-01-01

    This article begins with a description of a role-play exercise for teaching the Fair Debt Collection Practices Act (FDCPA) to an introductory Legal and Ethical Environment of Business Law (Business Law) undergraduate class. It goes on to provide the context for consumer debt in the United States. Next, the problems of debt collection are…

  18. What Does the Right to Education Mean? A Look at an International Debate from Legal, Ethical, and Pedagogical Points of View.

    Science.gov (United States)

    Jover, Gonzalo

    2001-01-01

    Explores the legal, ethical, and pedagogical aspects of the right to education. Describes a study aimed at learning what the global attitudes are toward the right to an education. Discusses globalization and its effects on education and examines the impact of international caucuses such as the Convention of the Rights of the Child. (Contains 17…

  19. Current ethical and legal issues in health-related direct-to-consumer genetic testing.

    Science.gov (United States)

    Niemiec, Emilia; Kalokairinou, Louiza; Howard, Heidi Carmen

    2017-09-01

    A variety of health-related genetic testing is currently advertized directly to consumers. This article provides a timely overview of direct-to-consumer genetic testing (DTC GT) and salient ethical issues, as well as an analysis of the impact of the recently adopted regulation on in vitro diagnostic medical devices on DTC GT. DTC GT companies currently employ new testing approaches, report on a wide spectrum of conditions and target new groups of consumers. Such activities raise ethical issues including the questionable analytic and clinical validity of tests, the adequacy of informed consent, potentially misleading advertizing, testing in children, research uses and commercialization of genomic data. The recently adopted regulation on in vitro diagnostic medical devices may limit the offers of predisposition DTC GT in the EU market.

  20. On the scientific and ethical issues of fetal somatic gene therapy.

    Science.gov (United States)

    Coutelle, C; Rodeck, C

    2002-06-01

    Fetal somatic gene therapy is often seen as an ethically particularly controversial field of gene therapy. This review outlines the hypothesis and scientific background of in utero gene therapy and addresses some of the frequently raised questions and concerns in relation to this still experimental, potentially preventive gene therapy approach. We discuss here the choice of vectors, of animal models and routes of administration to the fetus. We address the relation of fetal gene therapy to abortion, to post-implantation selection and postnatal gene therapy and the concerns of inadvertent germ-line modification. Our views on the specific risks of prenatal gene therapy and on the particular prerequisites that have to be met before human application can be considered are presented.

  1. A practitioner's guide to telemental health how to conduct legal, ethical, and evidence-based telepractice

    CERN Document Server

    Luxton, David D; Maheu, Marlene M

    2016-01-01

    As telecommunication technologies and health apps become more ubiquitous and affordable, they expand opportunities for mental health professionals to provide quality care. However, physical distance as well as technology itself can create challenges to safe and ethical practice. Such challenges are manageable when following the best practices outlined in this book. Providers can use videoconference and other technologies for assessment, treatment delivery, psychoeducation, supervision, and consultation. This practical guide covers each facet of telemental health care in turn, with emphasis on:

  2. Ethical, legal, and social issues in health technology assessment for prenatal/preconceptional and newborn screening: a workshop report.

    Science.gov (United States)

    Potter, B K; Avard, D; Entwistle, V; Kennedy, C; Chakraborty, P; McGuire, M; Wilson, B J

    2009-01-01

    Prenatal/preconceptional and newborn screening programs have been a focus of recent policy debates that have included attention to ethical, legal, and social issues (ELSIs). In parallel, there has been an ongoing discussion about whether and how ELSIs may be addressed in health technology assessment (HTA). We conducted a knowledge synthesis study to explore both guidance and current practice regarding the consideration of ELSIs in HTA for prenatal/preconceptional and newborn screening. As the concluding activity for this project, we held a Canadian workshop to discuss the issues with a diverse group of stakeholders. Based on key workshop themes integrated with our study results, we suggest that population-based genetic screening programs may present particular types of ELSIs and that a public health ethics perspective is potentially highly relevant when considering them. We also suggest that approaches to addressing ELSIs in HTA for prenatal/preconceptional and newborn screening may need to be flexible enough to respond to diversity in HTA organizations, cultural values, stakeholder communities, and contextual factors. Finally, we highlight a need for transparency in the way that HTA producers move from evidence to conclusions and the ways in which screening policy decisions are made. Copyright © 2008 S. Karger AG, Basel.

  3. [Review of the methodological, ethical, legal and social issues of research projects in healthcare with big data].

    Science.gov (United States)

    de Lecuona, Itziar

    2018-05-31

    The current model for reviewing research with human beings basically depends on decision-making processes within research ethics committees. These committees must be aware of the importance of the new digital paradigm based on the large-scale exploitation of datasets, including personal data on health. This article offers guidelines, with the application of the EU's General Data Protection Regulation, for the appropriate evaluation of projects that are based on the use of big data analytics in healthcare. The processes for gathering and using this data constitute a niche where current research is developed. In this context, the existing protocols for obtaining informed consent from participants are outdated, as they are based not only on the assumption that personal data are anonymized, but that they will continue to be so in the future. As a result, it is essential that research ethics committees take on new capabilities and revisit values such as privacy and freedom, updating protocols, methodologies and working procedures. This change in the work culture will provide legal security to the personnel involved in research, will make it possible to guarantee the protection of the privacy of the subjects of the data, and will permit orienting the exploitation of data to avoid the commodification of personal data in this era of deidentification, so that research meets actual social needs and not spurious or opportunistic interests disguised as research. Copyright © 2018 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

  4. Just War Theory v/s Unconventional Weapon. An Analysis from Ethical Moral and Legal Perspective

    Directory of Open Access Journals (Sweden)

    Sindhu Vijaya Kumar

    2012-12-01

    Full Text Available Just war theory deals withthe justification of how and why wars are fought. Thejustification can be either theoretical or historical. The theoretical aspect is concerned with ethicallyjustifying war and the forms that warfare may or may not take. The historical aspect, or the “just wartradition,” deals with the historical body of rules or agreements that have applied in various warsacross the ages. For instance, international agreements such as the Geneva and Hague conventions arehistorical rules aimed at limiting certain kinds of warfare which lawyers may refer to in prosecutingtransgressors, but it is the role of ethics to examine these institutional agreements for theirphilosophical coherence as well as to inquire into whether aspects of the conventions ought to bechanged. The just war tradition may also consider the thoughts of various philosophers and lawyersthrough the ages and examine both their philosophical visions of war’s ethical limits (or absence ofand whether their thoughts have contributed to the body of conventions that have evolved to guidewar, especially nuclear warfare which is an unconventional weapon. The seriousness of suchprohibited weapon was a debatable issue not only in the contemporary law of armed conflict but, alsoin the ancient law of war. This paper shall try to evaluate the essence of just war theory in a newdimension interlinking it with ethics and moral value to judge the use of unconventional weapon andcondemn it as inhuman and against the theory of just war.

  5. The Future of Killing: Ethical and Legal Implications of Fully Autonomous Weapon Systems

    Directory of Open Access Journals (Sweden)

    Martin Lark

    2017-03-01

    Full Text Available Warfare is moving towards full weapon autonomy. Already, there are weapons in service that replace a human at the point of engagement. The remote pilot must adhere to the law and consider the moral and ethical implications of using lethal force. Future fully autonomous weapons will be able to search for, identify and engage targets without human intervention, raising the question of who is responsible for the moral and ethical considerations of using such weapons. In the chaos of war, people are fallible, but they can apply judgement and discretion and identify subtle signals. For example, humans can identify when an enemy wants to surrender, are burying their dead, or are assisting non-combatants. An autonomous weapon may not be so discerning and may not be capable of being programmed to apply discretion, compassion, or mercy, nor can it adapt commanders’ intent or apply initiative. Before fully autonomous weapons use lethal force, it is argued that there needs to be assurances that the ethical implications are understood and that control mechanisms are in place to ensure that oversight of the system is able to prevent incidents that could amount to breaches of the laws of armed conflict.

  6. Choosing between possible lives: legal and ethical issues in preimplantation genetic diagnosis.

    Science.gov (United States)

    Scott, Rosamund

    2006-01-01

    This article critically appraises the current legal scope of the principal applications of preimplantation genetic diagnosis (PGD). This relatively new technique, which is available to some parents undergoing in vitro fertilization (IVF) treatment, aims to ensure that a child is not born with a seemingly undesirable genetic condition. The question addressed here is whether there should be serious reasons to test for genetic conditions in embryos in order to be able to select between them. The Human Fertilisation and Embryology Authority and the Human Genetics Commission have decided that there should be such reasons by broadly aligning the criteria for PGD with those for selective abortion. This stance is critically explored, as are its implications for the possible use of PGD to select either against or for marginal features or for significant traits. The government is currently reviewing the legal scope and regulation of PGD.

  7. Ethical, legal and social issues in the context of the planning stages of the Southern African Human Genome Programme.

    Science.gov (United States)

    de Vries, Jantina; Slabbert, Melodie; Pepper, Michael S

    2012-03-01

    As the focus on the origin of modern man appears to be moving from eastern to southern Africa, it is recognised that indigenous populations in southern Africa may be the most genetically diverse on the planet and hence a valuable resource for human genetic diversity studies. In order to build regional capacity for the generation, analysis and application of genomic data, the Southern African Human Genome Programme was recently launched with the aid of seed funding from the national Department of Science and Technology in South Africa. The purpose of the article is to investigate pertinent ethical, legal and social issues that have emerged during the planning stages of the Southern African Human Genome Programme. A careful consideration of key issues such as public perception of genomic research, issues relating to genetic and genomic discrimination and stigmatisation, informed consent, privacy and data protection, and the concept of genomic sovereignty, is of paramount importance in the early stages of the Programme. This article will also consider the present legal framework governing genomic research in South Africa and will conclude with proposals regarding such a framework for the future.

  8. Geneletter: An Internet-based newsletter on the ethical, legal, and social implications of genetics. Final report to the Department of Energy [Final report

    Energy Technology Data Exchange (ETDEWEB)

    Reilly, Philip; Wertz, Dorothy C.

    2001-05-01

    The GeneLetter (http://www.geneletter.org) is an Internet newsletter on ethical, legal, and social issues in genetics, designed for a wide and varied audience, some of whom may not be familiar with genetic science. It appears every two months, with a variety of long and short feature articles on ethics and on genetic disorders, a section on new federal and state legislation, an international section, a student corner, book and video reviews, a summary of genetics in the news, and a list of upcoming conferences. Feature articles have ventured into an area of wide general concern, behavioral genetics. The newsletter also has an interactive chatbox and the opportunity of more private communications with the editors via email. The purpose of the GeneLetter is to help fill a communication and knowledge gap on ethical, legal and social issues surrounding genetics.

  9. Neuroethics: the institutionalization of ethics in neuroscience

    OpenAIRE

    Hamdan, Amer Cavalheiro

    2017-01-01

    Abstract Recent advances in neuroscience have led to numerous ethical questions. Neuroethics is the study of ethical, legal and social advancements in neuroscience which, despite being a recently developed discipline, has a long historical tradition. The concern with ethical issues in neuroscience is extremely old and dates back to the philosophical and scientific traditions that originally sought to understand the relationship between the brain and behavior. More recently, the field of neuro...

  10. Ethical, financial, and legal considerations to implementing emergency department HIV screening: a report from the 2007 conference of the National Emergency Department HIV Testing Consortium.

    Science.gov (United States)

    Waxman, Michael J; Popick, Rachel S; Merchant, Roland C; Rothman, Richard E; Shahan, Judy B; Almond, Gregory

    2011-07-01

    We seek to identify and analyze, from a group of participants experienced with HIV screening, the perceived challenges and solutions to the ethical, financial, and legal considerations of emergency department (ED)-based HIV screening. We performed a qualitative analysis of the focus group discussions from the ethical, financial, and legal considerations portion of the inaugural National Emergency Department HIV Testing Consortium conference. Four groups composed of 20 to 25 consortium participants engaged in semistructured, facilitated focus group discussions. The focus group discussions were audiotaped and transcribed. A primary reader identified major themes and subthemes and representative quotes from the transcripts and summarized the discussions. Secondary and tertiary readers reviewed the themes, subthemes, and summaries for accuracy. The focus group discussions centered on the following themes. Ethical considerations included appropriateness of HIV screening in the ED and ethics of key elements of the 2006 Centers for Disease Control and Prevention HIV testing recommendations. Financial considerations included models of payment and support, role of health care insurance, financial ethics and downstream financial burdens, and advocacy approaches. Legal considerations included the adequacy of obtaining consent, partner notification, disclosure of HIV results, difficulties in addressing special populations, failure of not performing universal screening, failure to notify a person of being tested, failure to notify someone of their test results, liability of inaccurate tests, and failure to link to care. This qualitative analysis provides a broadly useful foundation to the ethical, financial, and legal considerations of implementing HIV screening programs in EDs throughout the United States. Copyright © 2011. Published by Mosby, Inc.

  11. Non-invasive brain stimulation in the detection of deception: scientific challenges and ethical consequences.

    Science.gov (United States)

    Luber, Bruce; Fisher, Carl; Appelbaum, Paul S; Ploesser, Marcus; Lisanby, Sarah H

    2009-01-01

    Tools for noninvasive stimulation of the brain, such as transcranial magnetic stimulation (TMS) and transcranial direct current stimulation (tDCS), have provided new insights in the study of brain-behavior relationships due to their ability to directly alter cortical activity. In particular, TMS and tDCS have proven to be useful tools for establishing causal relationships between behavioral and brain imaging measures. As such, there has been interest in whether these tools may represent novel technologies for deception detection by altering a person's ability to engage brain networks involved in conscious deceit. Investigation of deceptive behavior using noninvasive brain stimulation is at an early stage. Here we review the existing literature on the application of noninvasive brain stimulation in the study of deception. Whether such approaches could be usefully applied to the detection of deception by altering a person's ability to engage brain networks involved in conscious deceit remains to be validated. Ethical and legal consequences of the development of such a technology are discussed. Copyright 2009 John Wiley & Sons, Ltd.

  12. Rural response to climate change in poor countries: Ethics, policies and scientific support systems in their agricultural environment

    NARCIS (Netherlands)

    Stigter, C.J.

    2011-01-01

    Sustaning Soil Productivity in Response to Global Climate Change is a two-part text bringing together the latest research in soil science and climatology and the ethical, political and social issues surrounding the stewardship of this vital resource. Chapters include scientific studies on microbial

  13. "There Is No Black or White": Scientific Community Views on Ethics in Intellectual and Developmental Disability Research

    Science.gov (United States)

    McDonald, Katherine; Patka, Mazna

    2012-01-01

    From an ethical standpoint, there are questions about the best ways to include adults with intellectual and developmental disabilities in research. Scholarship reflects divergent responses to these enduring questions and values that can be at odds with one another. To deepen our understanding of beliefs in the scientific community about how to…

  14. Ethical challenges in FASD prevention: Scientific uncertainty, stigma, and respect for women's autonomy.

    Science.gov (United States)

    Zizzo, Natalie; Racine, Eric

    2017-11-09

    Fetal alcohol spectrum disorder (FASD) is a leading form of neurodevelopmental delay in Canada, affecting an estimated 3000 babies per year. FASD involves a range of disabilities that entail significant costs to affected individuals, families, and society. Exposure to alcohol in utero is a necessary factor for FASD development, and this has led to FASD being described as "completely preventable". However, there are significant ethical challenges associated with FASD prevention. These challenges revolve around 1) what should be communicated about the risks of alcohol consumption during pregnancy, given some ongoing scientific uncertainty about the effects of prenatal alcohol exposure, and 2) how to communicate these risks, given the potential for stigma against women who give birth to children with FASD as well as against children and adults with FASD. In this paper, we share initial thoughts on how primary care physicians can tackle this complex challenge. First, we recommend honest disclosure of scientific evidence to women and the tailoring of information offered to pregnant women. Second, we propose a contextualized, patient-centred, compassionate approach to ensure that appropriate advice is given to patients in a supportive, non-stigmatizing way.

  15. Fair inclusion of pregnant women in clinical trials: an integrated scientific and ethical approach.

    Science.gov (United States)

    van der Graaf, Rieke; van der Zande, Indira S E; den Ruijter, Hester M; Oudijk, Martijn A; van Delden, Johannes J M; Oude Rengerink, Katrien; Groenwold, Rolf H H

    2018-01-29

    Since pregnant women are severely underrepresented in clinical research, many take the position that the exclusion of pregnant women from research must be justified unless there are compelling "scientific reasons" for their exclusion. However, it is questionable whether this approach renders research with pregnant women fair. This paper analyzes and evaluates when research with pregnant women can be considered as fair and what constitutes scientific reasons for exclusion. Conceptual ethical and methodological analysis and evaluation of fair inclusion. Fair inclusion of pregnant women means (1) that pregnant women who are eligible are not excluded solely for being pregnant and (2) that the research interests of pregnant women are prioritized, meaning that they ought to receive substantially more attention. Fairness does not imply that pregnant women should be included in virtually every research project, as including only a few pregnant women in a population consisting only of women will not help to determine the effectiveness and safety of a treatment in pregnant women. Separate trials in pregnant women may be preferable once we assume, or know, that effects of interventions in pregnant women differ from the effects in other subpopulations, or when we assume, or know, that there are no differences. In the latter case, it may be preferable to conduct post-marketing studies or establish registries. If there is no conclusive evidence indicating either differences or equivalence of effects between pregnant and non-pregnant women, yet it seems unlikely that major differences or exact equivalence exist, the inclusion of pregnant women should be sufficient. Depending on the research question, this boils down to representativeness in terms of the proportion of pregnant and non-pregnant women, or to oversampling pregnant women. Fair inclusion of pregnant women in research implies that separate trials in pregnant women should be promoted. Inclusion of pregnant women has to

  16. The importance of professional skills alongside scientific and technical excellence to underpin ethical geoscience practice

    Science.gov (United States)

    Allington, Ruth; Fernandez-Fuentes, Isabel

    2013-04-01

    There is consensus that reliable ground models, based on a sound understanding of the geology and surface processes are vital as a basis for natural hazard identification and risk assessment, and there is a great deal of skill and experience in the geoscience community with mapping, modelling and predicting natural hazards and their likely impacts. This presentation will highlight the contributions of geology and geomorphology in the identification of natural hazards and mitigation of their impacts. It will then consider a range of "professional skills" that are needed by geoscientists working with other specialists and non-specialists (e.g. engineers, emergency services, land-use planners, architects responsible for building codes, politicians, regulators, the public etc) alongside technical and scientific excellence. It will argue that development and application of both scientific/technical and professional skills is essential to ensure that the maps, models and other data relevant to natural hazards and environmental change are used to provide effective public protection through communication, land-use planning and planning for resilience. The professional skills of particular importance include interdisciplinary collaboration; project management; cost-benefit analysis; effective communication with specialists and non specialists (especially the public); and facilitative skills. All the technical, scientific and professional skills need to be applied competently and with the highest standards of ethical underpinning. The contribution will consider how this can be achieved (or at least facilitated) through professional training, award of professional titles, licensure etc, drawing on international examples of best practice in professional codes of conduct and regulation directed to the protection of the public.

  17. Formulating the American Geophysical Union's Scientific Integrity and Professional Ethics Policy: Challenges and lessons learned: Chapter 8

    Science.gov (United States)

    Gundersen, Linda C.; Townsend, Randy

    2017-01-01

    Creating an ethics policy for a large, diverse geosciences organization is a challenge, especially in the midst of the current contentious dialogue in the media related to such issues as climate change, sustaining natural resources, and responding to natural hazards. In 2011, the American Geophysical Union (AGU) took on this challenge, creating an Ethics Task Force to update their ethics policies to better support their new Strategic Plan and respond to the changing scientific research environment. Dialogue with AGU members and others during the course of creating the new policy unveiled some of the following issues to be addressed. Scientific results and individual scientists are coming under intense political and public scrutiny, with the efficacy of the science being questioned. In some cases, scientists are asked to take sides and/or provide opinions on issues beyond their research, impacting their objectivity. Pressure related to competition for funding and the need to publish high quality and quantities of papers has led to recent high profile plagiarism, data fabrication, and conflict of interest cases. The complexities of a continuously advancing digital environment for conducting, reviewing, and publishing science has raised concerns over the ease of plagiarism, fabrication, falsification, inappropriate peer review, and the need for better accessibility of data and methods. Finally, students and scientists need consistent education and encouragement on the importance of ethics and integrity in scientific research. The new AGU Scientific Integrity and Ethics Policy tries to address these issues and provides an inspirational code of conduct to encourage a responsible, positive, open, and honest scientific research environment.

  18. The Magnus-Rademaker Scientific Film Collection: Ethical Issues on Animal Experimentation (1908-1940).

    Science.gov (United States)

    Koehler, Peter J; Lameris, Bregt

    2016-01-01

    The Magnus-Rademaker scientific film collection (1908-1940) deals with the physiology of body posture by the equilibrium of reflex musculature contractions for which experimental studies were carried out with animals (e.g., labyrinthectomies, cerebellectomies, and brain stem sections) as well as observations done on patients. The films were made for demonstrations at congresses as well as educational objectives and film stills were published in their books. The purpose of the present study is to position these films and their makers within the contemporary discourse on ethical issues and animal rights in the Netherlands and the earlier international debates. Following an introduction on animal rights and antivivisection movements, we describe what Magnus and Rademaker thought about these issues. Their publications did not provide much information in this respect, probably reflecting their adherence to implicit ethical codes that did not need explicit mentioning in publications. Newspaper articles, however, revealed interesting information. Unnecessary suffering of an animal never found mercy in Magnus' opinion. The use of cinematography was expanded to the reduction of animal experimentation in student education, at least in the case of Rademaker, who in the 1930s was involved in a governmental committee for the regulation of vivisection and cooperated with the antivivisection movement. This resulted not only in a propaganda film for the movement but also in films that demonstrate physiological experiments for students with the purpose to avert repetition and to improve the teaching of experiments. We were able to identify the pertinent films in the Magnus-Rademaker film collection. The production of vivisection films with this purpose appears to have been common, as is shown in news messages in European medical journals of the period.

  19. Crossing the line: the legal and ethical problems of foreign surrogacy.

    Science.gov (United States)

    Gamble, Natalie

    2009-08-01

    UK law has for many years taken a careful approach to surrogacy, neither banning it nor allowing it to develop unrestrictedly. This careful middle approach seeks to balance permitting what may be a last hope for infertile couples against a wider public policy that bars commercialized reproduction: surrogacy is allowed in the UK, provided it is consensual and involves the payment of no more than reasonable expenses. But in an increasingly globalized world, patients are crossing borders for treatment, often to places where such restrictions on the commerciality or enforceability of surrogacy arrangements do not apply. The resulting conflicts of law can be a minefield, and this makes the maintenance of the UK's careful legal balance increasingly untenable.

  20. Ethical, legal and social issues in restoring genetic identity after forced disappearance and suppression of identity in Argentina.

    Science.gov (United States)

    Penchaszadeh, Victor B

    2015-07-01

    Human genetic identification has been increasingly associated with the preservation, defence and reparation of human rights, in particular the right to genetic identity. The Argentinian military dictatorship of 1976-1983 engaged in a savage repression and egregious violations of human rights, including forced disappearance, torture, assassination and appropriation of children of the disappeared with suppression of their identity. The ethical, legal and social nuances in the use of forensic genetics to support the right to identity in Argentina included issues such as the best interest of children being raised by criminals, the right to learn the truth of one's origin and identity, rights of their biological families, the issue of voluntary versus compulsory testing of victims, as well as the duty of the state to investigate crimes against humanity, punish perpetrators and provide justice and reparation to the victims. In the 30 years following the return to democracy in 1984, the search, localization and DNA testing of disappeared children and young adults has led, so far, to the genetic identification of 116 persons who had been abducted as babies. The high value placed on DNA testing to identify victims of identity suppression did not conflict with the social consensus that personal identity is a complex and dynamic concept, attained by the interaction of genetics with historical, social, emotional, educational, cultural and other important environmental factors. The use of genetic identification as a tool to redress and repair human rights violations is a novel application of human genetics within a developing set of ethical and political circumstances.

  1. Legalization, decriminalization & medicinal use of cannabis: a scientific and public health perspective.

    Science.gov (United States)

    Svrakic, Dragan M; Lustman, Patrick J; Mallya, Ashok; Lynn, Taylor Andrea; Finney, Rhonda; Svrakic, Neda M

    2012-01-01

    Empirical and clinical studies clearly demonstrate significant adverse effects of cannabis smoking on physical and mental health as well as its interference with social and occupational functioning. These negative data far outweigh a few documented benefits for a limited set of medical indications, for which safe and effective alternative treatments are readily available. If there is any medical role for cannabinoid drugs, it lies with chemically defined compounds, not with unprocessed cannabis plant. Legalization or medical use of smoked cannabis is likely to impose significant public health risks, including an increased risk of schizophrenia, psychosis, and other forms of substance use disorders.

  2. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy

    Science.gov (United States)

    Harper, Joyce C; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan

    2013-01-01

    In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and assisted reproductive technology (ART), and published an extended background paper, recommendations and two Editorials. Seven years later, in March 2012, a follow-up interdisciplinary workshop was held, involving representatives of both professional societies, including experts from the European Union Eurogentest2 Coordination Action Project. The main goal of this meeting was to discuss developments at the interface between clinical genetics and ARTs. As more genetic causes of reproductive failure are now recognised and an increasing number of patients undergo testing of their genome before conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and preimplantation genetic diagnosis (PGD) may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from randomised clinical trials to substantiate that the technique is both effective and efficient. Whole-genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (International Standards Organisation – ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving but still remains very heterogeneous and often contradictory. The lack of legal harmonisation and uneven access to infertility treatment and PGD/PGS fosters considerable cross-border reproductive care in Europe and beyond. The aim of this paper is to complement previous publications and

  3. Withholding differential risk information on legal consumer nicotine/tobacco products: The public health ethics of health information quarantines.

    Science.gov (United States)

    Kozlowski, Lynn T; Sweanor, David

    2016-06-01

    The United States provides an example of a country with (a) legal tobacco/nicotine products (e.g., snus, other smokeless tobacco, cigarettes) differing greatly in risks to health and (b) respected health information websites that continue to omit or provide incorrect differential risk information. Concern for the principles of individual rights, health literacy, and personal autonomy (making decisions for oneself), which are key principles of public health ethics, has been countered by utilitarian arguments for the use of misleading or limited information to protect public health overall. We argue that omitting key health relevant information for current or prospective consumers represents a kind of quarantine of health-relevant information. As with disease quarantines, the coercive effects of quarantining information on differential risks need to be justified, not merely by fears of net negative public health effects, but by convincing evidence that such measures are actually warranted, that public health overall is in imminent danger and that the danger is sufficient to override principles of individual autonomy. Omitting such health-relevant information for consumers of such products effectively blindfolds them and impairs their making informed personal choices. Moral psychological issues that treat all tobacco/nicotine products similarly may also be influencing the reluctance to inform on differential risks. In countries where tobacco/nicotine products are legally sold and also differ greatly in disease risks compared to cigarettes (e.g., smokeless tobacco and vape), science-based, comprehensible, and actionable health information (consistent with health literacy principles) on differential risks should be available and only reconsidered if it is established that this information is causing losses to population health overall. Copyright © 2016 The Authors. Published by Elsevier B.V. All rights reserved.

  4. Public Perceptions of Ethical, Legal and Social Implications of Pre-implantation Genetic Diagnosis (PGD) in Malaysia.

    Science.gov (United States)

    Olesen, Angelina P; Mohd Nor, Siti Nurani; Amin, Latifah; Che Ngah, Anisah

    2017-12-01

    Pre-implantation genetic diagnosis (PGD) became well known in Malaysia after the birth of the first Malaysian 'designer baby', Yau Tak in 2004. Two years later, the Malaysian Medical Council implemented the first and only regulation on the use of Pre-implantation Genetic Diagnosis in this country. The birth of Yau Tak triggered a public outcry because PGD was used for non-medical sex selection thus, raising concerns about PGD and its implications for the society. This study aims to explore participants' perceptions of the future implications of PGD for the Malaysian society. We conducted in-depth interviews with 21 participants over a period of one year, using a semi-structured questionnaire. Findings reveal that responses varied substantially among the participants; there was a broad acceptance as well as rejection of PGD. Contentious ethical, legal and social issues of PGD were raised during the discussions, including intolerance to and discrimination against people with genetic disabilities; societal pressure and the 'slippery slope' of PGD were raised during the discussions. This study also highlights participants' legal standpoint, and major issues regarding PGD in relation to the accuracy of diagnosis. At the social policy level, considerations are given to access as well as the impact of this technology on families, women and physicians. Given these different perceptions of the use of PGD, and its implications and conflicts, policies and regulations of the use of PGD have to be dealt with on a case-by-case basis while taking into consideration of the risk-benefit balance, since its application will impact the lives of so many people in the society.

  5. Cancer patient perceptions on the ethical and legal issues related to biobanking.

    Science.gov (United States)

    Master, Zubin; Claudio, Jaime O; Rachul, Christen; Wang, Jean C Y; Minden, Mark D; Caulfield, Timothy

    2013-03-08

    Understanding the perception of patients on research ethics issues related to biobanking is important to enrich ethical discourse and help inform policy. We examined the views of leukemia patients undergoing treatment in clinics located in the Princess Margaret Hospital in Toronto, Ontario, Canada. An initial written survey was provided to 100 patients (64.1% response rate) followed by a follow-up survey (62.5% response rate) covering the topics of informed consent, withdrawal, anonymity, incidental findings and the return of results, ownership, and trust. The majority (59.6%) preferred one-time consent, 30.3% desired a tiered consent approach that provides multiple options, and 10.1% preferred re-consent for future research. When asked different questions on re-consent, most (58%) reported that re-consent was a waste of time and money, but 51.7% indicated they would feel respected and involved if asked to re-consent. The majority of patients (62.2%) stated they had a right to withdraw their consent, but many changed their mind in the follow-up survey explaining that they should not have the right to withdraw consent. Nearly all of the patients (98%) desired being informed of incidental health findings and explained that the information was useful. Of these, 67.3% of patients preferred that researchers inform them and their doctors of the results. The majority of patients (62.2%) stated that the research institution owns the samples whereas 19.4% stated that the participants owned their samples. Patients had a great deal of trust in doctors, hospitals and government-funded university researchers, moderate levels of trust for provincial governments and industry-funded university researchers, and low levels of trust towards industry and insurance companies. Many cancer patients surveyed preferred a one-time consent although others desired some form of control. The majority of participants wanted a continuing right to withdraw consent and nearly all wanted to be

  6. Handling ethical, legal and social issues in birth cohort studies involving genetic research: responses from studies in six countries

    Directory of Open Access Journals (Sweden)

    LeGrandeur Jane

    2010-03-01

    Full Text Available Abstract Background Research involving minors has been the subject of much ethical debate. The growing number of longitudinal, pediatric studies that involve genetic research present even more complex challenges to ensure appropriate protection of children and families as research participants. Long-term studies with a genetic component involve collection, retention and use of biological samples and personal information over many years. Cohort studies may be established to study specific conditions (e.g. autism, asthma or may have a broad aim to research a range of factors that influence the health and development of children. Studies are increasingly intended to serve as research platforms by providing access to data and biological samples to researchers over many years. This study examines how six birth cohort studies in North America and Europe that involve genetic research handle key ethical, legal and social (ELS issues: recruitment, especially parental authority to include a child in research; initial parental consent and subsequent assent and/or consent from the maturing child; withdrawal; confidentiality and sample/data protection; handling sensitive information; and disclosure of results. Methods Semi-structured telephone interviews were carried out in 2008/09 with investigators involved in six birth cohort studies in Canada, Denmark, England, France, the Netherlands and the United States. Interviewees self-identified as being knowledgeable about ELS aspects of the study. Interviews were conducted in English. Results The studies vary in breadth of initial consent, but none adopt a blanket consent for future use of samples/data. Ethics review of new studies is a common requirement. Studies that follow children past early childhood recognise a need to seek assent/consent as the child matures. All studies limit access to identifiable data and advise participants of the right to withdraw. The clearest differences among studies concern

  7. Navigating the legal and ethical foundations of informed consent and confidentiality in integrated primary care.

    Science.gov (United States)

    Hudgins, Cathy; Rose, Sandra; Fifield, Peter Y; Arnault, Steve

    2013-03-01

    This article describes findings from ongoing research and analysis of current literature in addition to discussions with leaders in the field, communications with lawyers and administrators of advocacy and government agencies pertaining to integrated primary care (IPC). Standards of care are established based on a myriad of factors, including professional codes of ethics, case law, state and federal laws, professional standards, existing best practices, current professional guidelines, administrative rules and regulations, and licensing board regulations. Regulations may differ for behavioral health and medical providers, posing challenges in IPC settings. This article provides a review of these regulations, particularly 42CFR Part 2, a federal law governing confidentiality for substance abuse programs, Health Insurance Portability and Accountability Act (HIPAA), and state laws relevant to patient care in IPC settings. On the basis of findings from the study, the authors make recommendations related to patient care practices concerning informed consent and release of information procedures, treatment and warm hand-off protocols, documentation and electronic record keeping, agreements with other providers, and billing. (PsycINFO Database Record (c) 2013 APA, all rights reserved).

  8. Protecting Ideas: Ethical and Legal Considerations When a Grant's Principal Investigator Changes.

    Science.gov (United States)

    Koniaris, Leonidas G; Coombs, Mary I; Meslin, Eric M; Zimmers, Teresa A

    2016-08-01

    Ethical issues related the responsible conduct of research involve questions concerning the rights and obligations of investigators to propose, design, implement, and publish research. When a principal investigator (PI) transfers institutions during a grant cycle, financial and recognition issues need to be addressed to preserve all parties' obligations and best interests in a mutually beneficial way. Although grants often transfer with the PI, sometimes they do not. Maintaining a grant at an institution after the PI leaves does not negate the grantee institution's obligation to recognize the PI's original ideas, contributions, and potential rights to some forms of expression and compensation. Issues include maintaining a role for the PI in determining how to take credit for, share and publish results that involve his or her original ideas. Ascribing proper credit can become a thorny issue. This paper provides a framework for addressing situations and disagreements that may occur when a new PI continues the work after the original PI transfers. Included are suggestions for proactively developing institutional mechanisms that address such issues. Considerations include how to develop solutions that comply with the responsible conduct of research, equitably resolve claims regarding reporting of results, and avoid the possibility of plagiarism.

  9. Ethical implication of providing scientific data and services to diverse stakeholders: the case of the EPOS research infrastructure

    Science.gov (United States)

    Freda, Carmela; Atakan, Kuvvet; Cocco, Massimo

    2017-04-01

    EPOS, the European Plate Observing System, is an ESFRI infrastructure serving the needs of the solid Earth science community as a whole. EPOS promotes the use of multidisciplinary solid Earth data to improve the understanding of physical and chemical processes controlling earthquakes, volcanic eruptions, tsunamis as well as those driving tectonics and surface dynamics. The EPOS mission is to create a single, sustainable, and distributed infrastructure that integrates the diverse European research infrastructures for solid Earth science under a common framework with the final goal of delivering a suite of domain-specific and multidisciplinary data, products, and services in one single and integrated platform. Addressing ethics issues is a relevant challenge for any initiative, program or project dealing with scientific data and products provision, access to services for scientific purposes and communication with different stakeholders, including industry and society at large. In examining the role of EPOS on openly and freely delivering scientific data and products to diverse stakeholders including but not limited to scientists, we are looking at ethical issues associated with the use and re-use of these data and products possibly leading to a malevolent use and/or misuse of the data with implications on, for example, national security, environmental protection and risk communication. Moreover, EPOS is aware that the research promoted by the use of data delivered through its platform can have a profound influence on the environment, human health and wellbeing, economic development, and other facets of societies. We know there is nothing intrinsically bad about openly and freely delivering scientific data, as it serves as a tool for leveraging researches leading to solutions for a responsible management of Earth's resources and mitigation of natural hazards. However, we must evaluate the effects of such a data provision and feel the obligation to adopt a responsible

  10. Nigeria's energy policy: Inferences, analysis and legal ethics toward RE development

    International Nuclear Information System (INIS)

    Ajayi, Oluseyi O.; Ajayi, Oluwatoyin O.

    2013-01-01

    The study critically assessed the various policy issues of sustainable energy development in Nigeria. The basic focus was to discuss and analyze some of the laws of the federation as it relates to the development of Renewable Energy in Nigeria. It surveyed the nation's energy policy statement and the vision 20:2020 of the federal government. The Renewable Energy Master Plan developed by the joint efforts of the Energy Commission of Nigeria and United Nations Development Programs were also appraised. The level of development and the index of renewable energy production as stated by the policy statement, the vision 20:2020 and the Renewable Energy Master Plan were highlighted. The study found some policy challenges which include weak government motivation, lack of economic incentives, multiple taxations, non-existent favorable customs and excise duty act to promote renewable energy technologies. Further to this, some legal reforms which may aid the promotion of renewable energy development in Nigeria and also make robust the nation's energy policy were proposed. Some of the laws that require amendment to promote renewable energy include the land use act, environmental impact assessment decree and the investment laws of the federation of Nigeria. - Highlights: • The study exposed the energy policy issues of Nigeria. • The various policy documents and the energy statement of vision 20:2020 were surveyed. • Various challenges impinging growth or renewable energy were highlighted. • Some suggestions for policy reformation were proposed

  11. "Futile Care"-An Emergency Medicine Approach: Ethical and Legal Considerations.

    Science.gov (United States)

    Simon, Jeremy R; Kraus, Chadd; Rosenberg, Mark; Wang, David H; Clayborne, Elizabeth P; Derse, Arthur R

    2017-11-01

    Futility often serves as a proposed reason for withholding or withdrawing medical treatment, even in the face of patient and family requests. Although there is substantial literature describing the meaning and use of futility, little of it is specific to emergency medicine. Furthermore, the literature does not provide a widely accepted definition of futility, and thus is difficult if not impossible to apply. Some argue that even a clear concept of futility would be inappropriate to use. This article will review the origins of and meanings suggested for futility, specific challenges such cases create in the emergency department (ED), and the relevant legal background. It will then propose an approach to cases of perceived futility that is applicable in the ED and does not rely on unilateral decisions to withhold treatment, but rather on avoiding and resolving the conflicts that lead to physicians' believing that patients are asking them to provide "futile" care. Copyright © 2017 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

  12. Health Information Professionals in a Global eHealth World: Ethical and legal arguments for the international certification and accreditation of health information professionals.

    Science.gov (United States)

    Kluge, Eike-Henner W

    2017-01-01

    Issues such as privacy, security, quality, etc. have received considerable attention in discussions of eHealth, mHealth and pHealth. However, comparatively little attention has been paid to the fact that these methods of delivering health care situate Health Information Professionals (HIPs) in an ethical context that is importantly different from that of traditional health care because they assign a fiduciary role to HIPs that they did not have before, their previous technical involvement notwithstanding. Even less attention has been paid to the fact that when these methods of health care delivery are interjurisdictional, they situate HIPs in an ethical fabric that does not exist in the intra-jurisdictional setting. Privacy and other informatic patient rights in the context of traditional health care are identified and the role that HIPs play in this connection is analysed and distinguished from the role HIPs play in eHealth in order to determine whether the 2002 IMIA Code of Ethics provides sufficient guidance for HIPs in eHealth and associated settings. The position of inter-jurisdictional corporate eHealth providers is also touched upon. It is found that in eHealth, mHealth and pHealth the ethical and legal position of HIPs differs importantly from that in traditional technologically-assisted health care because HIPs have fiduciary obligations they did not have before. It is also found that the 2002 IMIA Code of Ethics, which provides the framework for the codes of ethics that are promulgated by its various member organizations, provides insufficient guidance for dealing with issues that arise in this connection because they do not acknowledge this important change. It is also found that interjurisdictional eHealth etc. raises new ethical and legal issues for the corporate sector that transcend contractual arrangements. The 2002 IMIA Code of Ethics should be revised and updated to provide guidance for HIPs who are engaged in eHealth and related methods of health

  13. Scientific and ethical issues related to deep brain stimulation for disorders of mood, behavior, and thought.

    Science.gov (United States)

    Rabins, Peter; Appleby, Brian S; Brandt, Jason; DeLong, Mahlon R; Dunn, Laura B; Gabriëls, Loes; Greenberg, Benjamin D; Haber, Suzanne N; Holtzheimer, Paul E; Mari, Zoltan; Mayberg, Helen S; McCann, Evelyn; Mink, Sallie P; Rasmussen, Steven; Schlaepfer, Thomas E; Vawter, Dorothy E; Vitek, Jerrold L; Walkup, John; Mathews, Debra J H

    2009-09-01

    A 2-day consensus conference was held to examine scientific and ethical issues in the application of deep brain stimulation for treating mood and behavioral disorders, such as major depression, obsessive-compulsive disorder, and Tourette syndrome. The primary objectives of the conference were to (1) establish consensus among participants about the design of future clinical trials of deep brain stimulation for disorders of mood, behavior, and thought and (2) develop standards for the protection of human subjects participating in such studies. Conference participants identified 16 key points for guiding research in this growing field. The adoption of the described guidelines would help to protect the safety and rights of research subjects who participate in clinical trials of deep brain stimulation for disorders of mood, behavior, and thought and have further potential to benefit other stakeholders in the research process, including clinical researchers and device manufactures. That said, the adoption of the guidelines will require broad and substantial commitment from many of these same stakeholders.

  14. [Alcohol and work: ethical-deontological and medico-legal remark upon the recent set of rules].

    Science.gov (United States)

    Chiaravalli, M; Guzzetti, Laura; Tavani, M

    2007-01-01

    The Disposition of the Permanent Conference for the relation among the State, the Regions and the Autonomous Provinces of Trento and Bolzano, published in Gazzetta Ufficiale n. 75 on the 30th March 2006 the list of high-risk occupations under the influence of alcohol, activating de facto a previous law (Legge n. 125, 3017 march 2001, "Legge quadro in materia di alcol e di problemi alcolcorrelati"). We here present some ethical-deontological and medical-juridical profiles on the contents of this law and some consideration about its application. Particular attention is dedicated to deontological aspects about industrial safety rules and to medico-legal aspects about occupation under the influence of alcohol, with references to complex relations among worker's discretion right, employer's right to the protection of his own interests and qualified doctor's (or someone to him comparable) right to the respect for the deontological code, with regard to benefit recipient information before the medical treatment. Authors'purpose is to evidence critical points and interpretative ambiguities of a regulation lacking in its practical applications, to provide further proposals of consideration, available to revalue a thematic rich in questions and with a significant social impact.

  15. The Precision Medicine Initiative's All of Us Research Program: an agenda for research on its ethical, legal, and social issues.

    Science.gov (United States)

    Sankar, Pamela L; Parker, Lisa S

    2017-07-01

    The Precision Medicine Initiative (PMI) is an innovative approach to developing a new model of health care that takes into account individual differences in people's genes, environments, and lifestyles. A cornerstone of the initiative is the PMI All of Us Research Program (formerly known as PMI-Cohort Program) which will create a cohort of 1 million volunteers who will contribute their health data and biospecimens to a centralized national database to support precision medicine research. The PMI All of US Research Program is the largest longitudinal study in the history of the United States. The designers of the Program anticipated and addressed some of the ethical, legal, and social issues (ELSI) associated with the initiative. To date, however, there is no plan to call for research regarding ELSI associated with the Program-PMI All of Us program. Based on analysis of National Institutes of Health (NIH) funding announcements for the PMI All of Us program, we have identified three ELSI themes: cohort diversity and health disparities, participant engagement, and privacy and security. We review All of Us Research Program plans to address these issues and then identify additional ELSI within each domain that warrant ongoing investigation as the All of Us Research Program develops. We conclude that PMI's All of Us Research Program represents a significant opportunity and obligation to identify, analyze, and respond to ELSI, and we call on the PMI to initiate a research program capable of taking on these challenges.Genet Med advance online publication 01 December 2016.

  16. Radiation protection: Scientific fundamentals, legal regulations, practical applications. Compendium. 8. ed.

    International Nuclear Information System (INIS)

    Buchert, G.; Czarwinski, R.; Martini, E.; Ruehle, H.; Wust, P.

    2003-01-01

    In 2003, radiation effects and radiation risks were again a central issue, with new biokinetic and dosimetric models. Preliminary experience with new legal regulations on radiation protection was a central issue. Dosimetry and radiation protection metrology were gone into, as was radiation exposure in medicine, engineering, and the environment. New diagnostic methods in medicine were presented, and radiation exposures resulting from some of these techniques were analyzed. Industrial applications of ionising radiation and technical radiography were presented. Nuclear engineering was covered as well, e.g. how to maintain the current know-how after the agreed nuclear phase-out, the transport of spent fuel elements, and the safety of nuclear power stations in eastern Europe. As in the years before, detection limits in radiation measurement, calculations of radiation exposure, incidents in nuclear facilities, and radiation exposure assessment after safety-relevant incidents were among the issues discussed. (orig.)

  17. The scientific communication for prevention: an ethic mission for the geologists

    Science.gov (United States)

    Romana Lugeri, Francesca; Farabollini, Piero; Aldighieri, Barbara

    2013-04-01

    Referring to the so called "catastrophic" events often occurring in Italy, emerges clearly the ethical vocation linked to the profession of geologist: today more than ever, is urgent an efficient and timely activation in geo-environmental protection as well as in the field of scientific communication. This era (defined "postmodern" by a socio-economically point of view) is also identified and classified "Anthropocene", term coined by Paul Jozef Crutzen, Nobel Prize in 1995, to define the first geological Era in which human activities have been able to influence the planet Earth and alter its balances. The researchers can advise on some objectives, more urgent or strategic, mainly related to the prevention of risks, and cooperate in finding proper methodological paths to prevent or manage the emergencies. Knowledge is the key tool: the diffusion of scientific heritage, may represent one of the new goals for the Territorial Sciences. At the same time, emerges the need to create a new kind of communication that can activate a wider and conscious target, providing society with correct and clear information on the geo-environmental scenarios of our country. There is an obvious need for a new approach to the problems related to the complex context that now shows us a planet going beyond the critical point. A holistic approach is imperative to study the planet, a method that considers environmental and social ecosystem on the whole, providing all policy makers with a realistic view of the situation and the possible developments. The Landscape is the object of human perceptions and, at the same time, can be considered the result of the interaction of many natural and cultural components: therefore it could become a "medium" to communicate the Earth Sciences to the whole society. Moreover, the landscape is an expression of geology: even at different scales, the endogenous and exogenous processes, and the rocks, as elements of the landscape, condition the evolution of

  18. [Ethical, Legal, and Social Issues (ELSI) in Gambling Disorder and Its Treatment].

    Science.gov (United States)

    Moriyama, Nariakira

    2016-10-01

    Recently, the Ministry of Health, Labor and Welfare estimated the prevalence rate of gambling disorder to be 4.8 percent of the population. This rate is outstandingly higher than other countries with prevalence rates between 0.25 and 2.0 percent. It is also estimated that no fewer than 5 million Japanese suffer from the disease. In the last two years, 100 new patients visited the author's clinic. On an average, they started gambling at the age of 19.7 years, and incurring debt at the age of 25.8 years. They first visited the clinic at an average age of 38.2 years, and the average amount they had spent on gambling up to that point was 13 million yen. Twenty percent of them had taken some legal measures to reduce their burden from debts before seeking treatment. Sixty percent of pathological gamblers exclusively played pachinko and slot machine games. Patients who did not play on such machines accounted for no less than 2 percent of cases. This is not surprising, considering the fact that Japan has nearly 4.6 million pachinko and slot machines, which account for two thirds of the total electric gaming machines in the world. Japanese legislation does not regard pachinko and slot machines as gambling, but merely as gaming. Therefore, pachinko companies have no restrictions as such to promote their market. They can advertise freely in newspapers and TV commercials. Pachinko halls are filled with lighting, sounds, and visual effects to stimulate and excite gamblers. The harmful effects of gambling disorder include depression, loss of employment and friends, marital discord, fraud, embezzlement, theft in the family, and theft from non-family members. The most helpful therapy involves attending self-help group sessions at least once a week. One of the best-known self-help groups is Gamblers Anonymous (GA); there are 162 GA groups in Japan. The author believes there should be one GA group for every city across the nation. Unfortunately, psychiatrists, who should be taking

  19. In Rei The Academic Cartography of Sugar Sweetened Beverages: Scientific and Technical Information, Interdisciplinarity, and Legal Academia

    Energy Technology Data Exchange (ETDEWEB)

    White, L.C.

    2016-07-01

    It has long been noted that there are crucial differences between the functions of the law and science (Brief for Bloembergen et al., 1993). Difference in function leads to different logics and processes of enacting law and science, including the system for generating a body of peer-reviewed research. The current research uses an overarching anthropological approach to address academic communication between two powerful and influential social groups: scientists and legal scholars. Using Burt’s (1992) structural holes, which examines the position of actors across network gaps, and the newer area of cultural holes, which adds a cultural dimension through linguistic networks (Pachucki & Breiger, 2010), this research looks at whether, in addition to structural divides in patterns of citations between legal academic and scientific publishing, there are also language and contextual differences. By investigating these key issues this research will not only expand the applications of these well validated scientometric techniques to new areas, but also will explore the intersection of two academic publication areas, the way they communicate, and how information across both is attempting to influence policy. (Author)

  20. Scientific, legal and socio-political dimensions in radioactive waste management

    International Nuclear Information System (INIS)

    Dicus, G.J.

    2000-01-01

    Since the beginning of the twentieth century, research and development in the field of nuclear science and technology have led to wide scale applications in research, medicine and industry, and in the generation of electricity by nuclear fission. In common with certain other human activities, these practices generate waste that requires management to ensure the protection of human health and the environment now, and in the future, without imposing undue burdens on future generations. Radioactive waste may also result from the processing of raw materials that contain naturally occurring radionuclides. To achieve the objective of safe radioactive waste management requires an effective and systematic approach within a legal framework in each of our countries, in which the roles and responsibilities of all relevant parties are defined. Each Member State needs to have a national framework that sets forth the necessary and sufficient elements and requirements for radioactive waste management. It is clear that the international nuclear community has a sincere collective interest in establishing and implementing a sound infrastructure to safety manage our legacy and future spent nuclear fuel and radioactive waste inventories, and we recognize that it is our international responsibility to safely manage radioactive waste in a way that reasonably ensures adequate protection to our workers, our public and our environment for our present and for future generations. Clearly communicating our thoughts and processes to the public; involving them through formal participation mechanisms and demonstrating a willingness to be open to constructive criticism, are elements that are essential to effective and successful regulation and implementation. These interactions with vested parties and with members of the public will provide early signals regarding the dominant interests and concerns of those individuals and communities that will be directly or indirectly impacted by the action

  1. Ethical aspects and dilemmas of preparing, writing and publishing of the scientific papers in the biomedical journals.

    Science.gov (United States)

    Masic, Izet

    2012-09-01

    In this paper author discussed about preparing and submitting manuscripts - scientific, research, professional papers, reviews and case reports. Author described it from the Editor's perspective, and specially talked about ethical aspects of authorship, conflict of interest, copyright, plagiarism and duplicate publication from the point of view of his experiences as Editor-in-Chief of several biomedical journals and Chief of Task Force of European Federation of Medical Informatics journals and member of Task Force of European Cardiology Society journals. The scientific process relies on trust and credibility. The scientific community demands high ethical standards to conduct biomedical research and to publish scientific contents. During the last decade, disclosure of conflicts of interest (COI ), (also called competing loyalties, competing interests or dual commitments), has been considered as a key element to guarantee the credibility of the scientific process. Biases in design, analysis and interpretation of studies may arise when authors or sponsors have vested interests. Therefore, COI should be made clear to the readers to facilitate their own judgment and interpretation of their relevance and potential implications. Authors are responsible to fully disclose potential COI . In October 2009 the ICMJE proposed an electronic "uniform" format for COI disclosure. Four main areas were addressed: authors´ associations with entities that supported the submitted manuscript (indefinite time frame), associations with commercial entities with potential interest in the general area of the manuscript (time frame 36 months), financial association of their spouse and children and, finally, non-financial associations potentially relevant to the submitted manuscript. Consumers of medical scholarship expect a reliable system of disclosure in which journals and authors make disclosures appropriately and consistently. There is a stigma surrounding the reporting of COI that should

  2. Legal, ethical, and procedural bases for the use of aseptic techniques to implant electronic devices

    Science.gov (United States)

    Mulcahy, Daniel M.

    2013-01-01

    animals often mask the signs of infection to avoid attracting predators (Wobeser 2006). Guidance specific to sterilization of electronic devices for implantation is limited in the wildlife record (Burger et al. 1994; Mulcahy 2003). Few biologists have been formally trained in aseptic technique, but most biologists know that electronic devices should be treated in some way to reduce the chance for infection of the host animal by bacteria, viruses, parasites, and fungi. Most biologists (73%) who implant devices into fishes believe aseptic techniques are important (Wagner and Cooke 2005). However, I maintain that many biologists find it difficult to place the concept of asepsis into practice in their work because of confusion about what constitutes aseptic technique, a lack of surgical knowledge and training, the perception of increased costs, or the belief that aseptic surgeries are impractical or unnecessary for their application. Some have even argued that, while compromising surgical techniques in the field might result in complications or mortalities, the money saved would allow for a compensatory increase in sample size (Anderson and Talcott 2006). In this paper I define aseptic surgical techniques, document the legal and professional guidance for performing aseptic surgeries on wild animals, and present options for sterilizing electronic devices and surgical instruments for field use.

  3. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy.

    Science.gov (United States)

    Harper, Joyce; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo J; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan

    2014-08-01

    How has the interface between genetics and assisted reproduction technology (ART) evolved since 2005? The interface between ART and genetics has become more entwined as we increase our understanding about the genetics of infertility and we are able to perform more comprehensive genetic testing. In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and ART and published an extended background paper, recommendations and two Editorials. An interdisciplinary workshop was held, involving representatives of both professional societies and experts from the European Union Eurogentest2 Coordination Action Project. In March 2012, a group of experts from the European Society of Human Genetics, the European Society of Human Reproduction and Embryology and the EuroGentest2 Coordination Action Project met to discuss developments at the interface between clinical genetics and ART. As more genetic causes of reproductive failure are now recognized and an increasing number of patients undergo testing of their genome prior to conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and PGD may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from RCTs to substantiate that the technique is both effective and efficient. Whole genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving, but still remains very

  4. Biomonitoring in occupational health: Scientific, socio-ethical, and regulatory issues

    International Nuclear Information System (INIS)

    Viau, Claude

    2005-01-01

    Biomonitoring is one of the best available tools for the prevention of deleterious effects resulting from occupational exposure to chemicals. The availability of analytical techniques having low detection limits allows for the measurement of numerous biomarkers. Complemented with quality control programs, our ability to collect validated information on exposure to toxicants improves. This is important as exposure doses tend to decrease in workplaces. Concurrently, there is an increasing preoccupation towards skin exposure, which cannot currently be reliably assessed through external measurements. Furthermore, as lower exposure doses are encountered, background concentrations of some biomarkers become a serious limitation to their use. This prompts researchers to seek for minor, more specific metabolites, that may however be produced through metabolic pathways that are prone to larger inter-individual variations. Assessment of exposure to complex mixtures of chemicals is another major challenge. There is a growing interest towards ethical issues in biomonitoring. The understanding of the advantages and of the limits of this preventive approach may be very different among occupational health professionals, but more importantly, between health professionals and those they are seeking to protect, i.e., the workers themselves. Many organizations have proposed guideline values for biomarker concentrations, but these seldom find their way in the various countries' bylaws. One underlying reason might be the greater complexity of the scientific aspects of biomarkers, whose understanding is required to set limit values, compared to the process of setting airborne limit concentrations. But the fact that the latter does not consider all aspects of biological complexity does not make it more reliable

  5. Beliefs, Values, Ethics and Moral Reasoning in Socio-Scientific Education

    Science.gov (United States)

    Yap, Siew Fong

    2014-01-01

    The realisation to integrate science, ethics and morality is recognised with growing impetus in recent years (as noted with introducing the Australian Curriculum "Science as a Human Endeavour" strand), to develop sophisticated epistemologies of science, which includes an appreciation of the social context including ethical thinking. To…

  6. Ethics of sharing scientific and technological data: a heuristic for coping with complexity & uncertainty

    Directory of Open Access Journals (Sweden)

    J E Sieber

    2006-01-01

    Full Text Available Data sharing poses complex ethical questions for data management. Manifold conflicting and shifting values need to be reconciled in pursuing viable data-management policies. For example, how does one make data available in useable form to stakeholders including scientists, governments and businesses worldwide, while assuring confidentiality, satisfying one's research ethics committee, protecting intellectual property and national security, and containing costs? Increasingly, ethical problem solving requires integration of ethics with technological "know how" and empirical research on the presenting problem. Each problem is highly contextual; broad application of general ethical principles such as always practice openness, or prepare all data for sharing, may have harmful unintended consequences. Chaos theory provides a heuristic or vision for understanding and coping with complexity and uncertainty. It does not provide answers to problems of data management, but frames the issues, and provides appropriate expectations and heuristics for considering data management problems.

  7. Seeking an ethical and legal way of procuring transplantable organs from the dying without further attempts to redefine human death

    Directory of Open Access Journals (Sweden)

    Evans David

    2007-06-01

    Full Text Available Abstract Because complex organs taken from unequivocally dead people are not suitable for transplantation, human death has been redefined so that it can be certified at some earlier stage in the dying process and thereby make viable organs available without legal problems. Redefinitions based on concepts of "brain death" have underpinned transplant practice for many years although those concepts have never found universal philosophical acceptance. Neither is there consensus about the clinical tests which have been held sufficient to diagnose the irreversible cessation of all brain function – or as much of it as is deemed relevant – while the body remains alive. For these reasons, the certification of death for transplant purposes on "brain death" grounds is increasingly questioned and there has been pressure to return to its diagnosis on the basis of cardiac arrest and the consequent cessation of blood circulation throughout the body. While superficially a welcome return to the traditional and universally accepted understanding of human death, examination of the protocols using such criteria for the diagnosis of death prior to organ removal reveals a materially different scenario in which the circulatory arrest is not certainly final and purely nominal periods of arrest are required before surgery begins. Recognizing the probably unresolvable conflict between allowing enough time to pass after truly final circulatory arrest for a safe diagnosis of death and its minimization for the sake of the wanted organs, Verheijde and colleagues follow others in calling for the abandonment of the "dead donor rule" and the enactment of legislation to permit the removal of organs from the dying, without pretence that they are dead before that surgery. While it may be doubted whether such a "paradigm change" in the ethics of organ procurement would be accepted by society, their call for its consideration as a fully and fairly informed basis for organ

  8. Neuroscience in forensic psychiatry: From responsibility to dangerousness. Ethical and legal implications of using neuroscience for dangerousness assessments.

    Science.gov (United States)

    Gkotsi, Georgia Martha; Gasser, Jacques

    2016-01-01

    Neuroscientific evidence is increasingly being used in criminal trials as part of psychiatric testimony. Up to now, "neurolaw" literature remained focused on the use of neuroscience for assessments of criminal responsibility. However, in the field of forensic psychiatry, responsibility assessments are progressively being weakened, whereas dangerousness and risk assessment gain increasing importance. In this paper, we argue that the introduction of neuroscientific data by forensic experts in criminal trials will be mostly be used in the future as a means to evaluate or as an indication of an offender's dangerousness, rather than their responsibility. Judges confronted with the pressure to ensure public security may tend to interpret neuroscientific knowledge and data as an objective and reliable way of evaluating one's risk of reoffending. First, we aim to show how the current socio-legal context has reshaped the task of the forensic psychiatrist, with dangerousness assessments prevailing. In the second part, we examine from a critical point of view the promise of neuroscience to serve a better criminal justice system by offering new tools for risk assessment. Then we aim to explain why neuroscientific evidence is likely to be used as evidence of dangerousness of the defendants. On a theoretical level, the current tendency in criminal policies to focus on prognostics of dangerousness seems to be "justified" by a utilitarian approach to punishment, supposedly revealed by new neuroscientific discoveries that challenge the notions of free will and responsibility. Although often promoted as progressive and humane, we believe that this approach could lead to an instrumentalization of neuroscience in the interest of public safety and give rise to interventions which could entail ethical caveats and run counter to the interests of the offenders. The last part of this paper deals with some of these issues-the danger of stigmatization for brain damaged offenders because of

  9. Ethics issues in scientific data and service provision: evidence and challenges for the European Plate Observing System (EPOS)

    Science.gov (United States)

    Cocco, Massimo; Freda, Carmela; Haslinger, Florian; Consortium, Epos

    2016-04-01

    Addressing Ethics issues is nowadays a relevant challenge for any initiative, program or project dealing with scientific data and products provision, access to services for scientific purposes and communication with different stakeholders, including society. This is corroborated by the evidence that Ethics has very high priority in EU funded research. Indeed, all the activities carried out under Horizon 2020 must comply with ethical principles and national, Union and international legislation. This implies that "For all activities funded by the European Union, Ethics is an integral part of research from beginning to end, and ethical compliance is seen as pivotal to achieve real research excellence." Here, we present the experience of EPOS, a public pan-European research infrastructure. EPOS aims at integrating data, data products, services and software (DDSS) for solid Earth science generated and provided by monitoring networks, observing systems and facilities belonging to European countries. EPOS fosters the integrated use of multidisciplinary solid Earth data to improve the understanding of physical and chemical processes controlling earthquakes, volcanic eruptions, tsunamis as well as those driving tectonics and surface dynamics. The EPOS integration plan will make significant contributions to understanding and mitigating geo-hazards, yielding data for hazard assessment, data products for engaging different stakeholders, and services for training, education and communication to society. Numerous national research infrastructures engaged in EPOS are deployed for the monitoring of areas prone to geo-hazards and for the surveillance of the national territory including areas used for exploiting geo-resources. The EPOS community is therefore already trained to provide services to public (civil defence agencies, local and national authorities) and private (petroleum industry, mining industry, geothermal companies, aviation security) stakeholders. Our ability to

  10. [Ethical issue in animal experimentation].

    Science.gov (United States)

    Parodi, André-Laurent

    2009-11-01

    In the 1970s, under pressure from certain sections of society and thanks to initiatives by several scientific research teams, committees charged with improving the conditions of laboratory animals started to be created, first in the United States and subsequently in Europe. This led to the development of an ethical approach to animal experimentation, taking into account new scientific advances. In addition to the legislation designed to provide a legal framework for animal experimentation and to avoid abuses, this ethical approach, based on the concept that animals are sentient beings, encourages greater respect of laboratory animals and the implementation of measures designed to reduce their suffering. Now, all animal experiments must first receive ethical approval--from in-house committees in the private sector and from regional committees for public institutions. Very recently, under the impetus of the French ministries of research and agriculture, the National committee for ethical animal experimentation published a national ethical charter on animal experimentation, setting the basis for responsible use of animals for scientific research and providing guidelines for the composition and functioning of ethics committees. Inspired by the scientific community itself this ethical standardization should help to assuage--but not eliminate--the reticence and hostility expressed by several sections of society.

  11. The Road to Psychological Safety: Legal, Scientific, and Social Foundations for a Canadian National Standard on Psychological Safety in the Workplace

    Science.gov (United States)

    Shain, Martin; Arnold, Ian; GermAnn, Kathy

    2012-01-01

    In Part 1 of this article, the legal and scientific origins of the concept of psychological safety are examined as background to, and support for, the new Canadian National Standard on Psychological Health and Safety in the Workplace (CSA Z1003/BNQ 9700). It is shown that five factors influencing psychological safety can be identified as being…

  12. Values and ethical principles for practicing as magistrate/ legal advisor out of the perspective of the codes and national and international statements of principles

    Directory of Open Access Journals (Sweden)

    Marţian Iovan

    2016-10-01

    Full Text Available The coordinating and regulating role of the moral values, of the Deontological Code in practicing the magistrate/ legal advisor position is analysed in this article, so that their decisions correspond the universal imperative of practical accomplishment of justice, implicitly to the audience’s expectations with regard to the efficiency and efficacy of the services delivered by the institutions in the judicial system. The subject is of obvious actuality, fact which results in the existence of a relevant number of cases of violation, deforming of the ethical principles, of the specific deontological norms for the legal advisors, especially for the magistrates, which occur in performing the act of justice. The author highlights through examples, the harmful effects of some magistrates’ side-slipping from the ethical principles (Independence, Impartiality, Integrity stipulated in the most important deontological codes, statements of principles or national and international conventions. The logical conclusion, resulting from the analyses, aims to perfection the judicial system, the moral part of the legal higher education, of the magistrates’ continuous training and assessment.

  13. A Legal and Ethical Analysis of the Effects of Triggering Conditions on Surrogate Decision-Making in End-of-Life Care in the US.

    Science.gov (United States)

    Clint Parker, J; Goldberg, Daniel S

    2016-03-01

    The central claim of this paper is that American states' use of so-called "triggering conditions" to regulate surrogate decision-making authority in end-of-life care leaves unresolved a number of important ethical and legal considerations regarding the scope of that authority. The paper frames the issue with a case set in a jurisdiction in which surrogate authority to withdraw life-sustaining treatment is triggered by two specific clinical conditions. The case presents a quandary insofar as the clinical facts do not satisfy the triggering conditions, and yet both the appropriate surrogates and the care team agree that withdrawal of life-sustaining treatment is in the best interest of the patient. The paper surveys applicable law across the 50 states and weighs the arguments for and against the inclusion of such triggering conditions in relevant legal regimes. The paper concludes by assessing the various legal and policy options states have for regulating surrogate decision-making authority in light of the moral considerations (including epistemic difficulties), and notes the possibility for conflict within ethics teams arising from the potential tension between prudence, risk-aversion, and moral obligation.

  14. Submission of scientifically sound and ethical manuscripts to peer-reviewed journals - a reviewer's personal perspective on bioanalytical publications.

    Science.gov (United States)

    Weng, Naidong

    2012-11-01

    In the pharmaceutical industry, bioanalysis is very dynamic and is probably one of the few fields of research covering the entire drug discovery, development and post-marketing process. Important decisions on drug safety can partially rely on bioanalytical data, which therefore can be subject to regulatory scrutiny. Bioanalytical scientists have historically contributed significant numbers of scientific manuscripts in many peer-reviewed analytical journals. All of these journals provide some high-level instructions, but they also leave sufficient flexibility for reviewers to perform independent critique and offer recommendations for each submitted manuscript. Reviewers play a pivotal role in the process of bioanalytical publication to ensure the publication of high-quality manuscripts in a timely fashion. Their efforts usually lead to improved manuscripts. However, it has to be a joint effort among authors, reviewers and editors to promote scientifically sound and ethically fair bioanalytical publications. Most of the submitted manuscripts were well written with only minor or moderate revisions required for further improvement. Nevertheless, there were small numbers of submitted manuscripts that did not meet the requirements for publications because of scientific or ethical deficiencies, which are discussed in this Letter to the Editor. Copyright © 2012 John Wiley & Sons, Ltd.

  15. The Organizational-Legal Peculiarities of Application of the Remote Labor Mode and Flexible Working Hours of Scientific Workers at Higher Education Institution

    Directory of Open Access Journals (Sweden)

    Lytovchenko Iryna V.

    2018-01-01

    Full Text Available The article is aimed at defining the main organizational-legal peculiarities of application of the remote labor mode, establishing and accounting the flexible working hours of scientific workers at higher educational institutions and scientific institutes. In the course of research the organizational-legal peculiarities of application of the remote labor mode and flexible working hours of the scientific workers at higher education institutions were analyzed. The article suggests their integration into the activities of higher education institution with the purpose of efficient distribution of their working time, provided that the tasks set are fully executed in a timely manner. As the basic means of control of measurement of results of scientific activity it is suggested to use acts of executed works and other absolute indicators (quantity of the processed scientific sources, quantity of the written pages of scientific papers etc.. The prospective direction of further research is development of practical recommendations on the use of special reports and indicators with an assessment of their impact on the results of activities of scientific workers at higher education institutions.

  16. Ethics.

    Science.gov (United States)

    Pellegrino, Edmund D

    In this brief annual review of ethical issues in medicine, Pellegrino focuses on two issues, AIDS and surrogate mothers. The AIDS epidemic has generated debate over public health needs vs. individual rights, modification of sexual practices, screening programs to detect infected persons, confidentiality of test results, experimental therapies, and the duty of physicians to care for AIDS patients. Surrogate motherhood arrangements have become one of the more controversial of the new reproductive technologies. The publicity that accompanied the custody battle over New Jersey's "Baby M" intensified debate over the commercialization of childbearing and the regulation of reproduction. Pellegrino concludes that physicians, along with ethicists and policymakers, have an obligation to "lead society in careful and judicious deliberation" of the ethical issues raised by AIDS and by reproductive technologies.

  17. Immortal ethics.

    Science.gov (United States)

    Harris, John

    2004-06-01

    This article draws on ideas published in my "Intimations of Immortality" essay in Science (Vol. 288, No. 5463, p. 59, April 7, 2000) and my "Intimations of Immortality-The Ethics and Justice of Life Extending Therapies" in editor Michael Freeman's Current Legal Problems (Oxford University Press 2002: 65-97). This article outlines the ethical issues involved in life-extending therapies. The arguments against life extension are examined and found wanting. The consequences of life extension are explored and found challenging but not sufficiently daunting to warrant regulation or control. In short, there is no doubt that immortality would be a mixed blessing, but we should be slow to reject cures for terrible diseases that may be an inextricable part of life-extending procedures even if the price we have to pay for those cures is increasing life expectancy and even creating immortals. Better surely to accompany the scientific race to achieve immortality with commensurate work in ethics and social policy to ensure that we know how to cope with the transition to parallel populations of mortals and immortals as envisaged in mythology.

  18. What is Proof of Concept Research and how does it Generate Epistemic and Ethical Categories for Future Scientific Practice?

    Science.gov (United States)

    Kendig, Catherine Elizabeth

    2016-06-01

    "Proof of concept" is a phrase frequently used in descriptions of research sought in program announcements, in experimental studies, and in the marketing of new technologies. It is often coupled with either a short definition or none at all, its meaning assumed to be fully understood. This is problematic. As a phrase with potential implications for research and technology, its assumed meaning requires some analysis to avoid it becoming a descriptive category that refers to all things scientifically exciting. I provide a short analysis of proof of concept research and offer an example of it within synthetic biology. I suggest that not only are there activities that circumscribe new epistemological categories but there are also associated normative ethical categories or principles linked to the research. I examine these and provide an outline for an alternative ethical account to describe these activities that I refer to as "extended agency ethics". This view is used to explain how the type of research described as proof of concept also provides an attendant proof of principle that is the result of decision-making that extends across practitioners, their tools, techniques, and the problem solving activities of other research groups.

  19. Is The Late Mandibular Fracture From Third Molar Extraction a Risk Towards Malpractice? Case Report with the Analysis of Ethical and Legal Aspects

    Directory of Open Access Journals (Sweden)

    Weuler dos Santos Silva

    2017-06-01

    Full Text Available Objectives: The present study reports a case of late mandibular fracture due to third molar extraction and highlights the inherent clinical, ethical and legal aspects related to this surgical complication. Material and Methods: A female patient underwent surgical procedure for the extraction of the mandibular right third molar. Two days after the surgery the patient reported pain and altered occlusion in the right side of the mandible. After clinical and radiographic re-examination, the diagnosis of late mandibular fracture was established. A second surgery, under general anaesthesia, was performed for the fixation of the mandibular bone. Results: The fractured parts were reduced and fixed with locking plate systems and 2 mm screws following load-sharing principles. The masticatory function showed optimal performance within 7 and 21 days after the surgery. Complete bone healing was observed within 1 year of follow-up. Conclusions: For satisfactory surgical outcomes, adequate surgical planning and techniques must be performed. Signed informed consents explaining the risks and benefits of the treatment must be used to avoid ethical and legal disputes in dentistry.

  20. Predictive value of testing for multiple genetic variants in multifactorial diseases: implications for the discourse on ethical, legal and social issues

    Directory of Open Access Journals (Sweden)

    A. Cecile J.W. Janssens

    2006-12-01

    Full Text Available Multifactorial diseases such as type 2 diabetes, osteoporosis, and cardiovascular disease are caused by a complex interplay of many genetic and nongenetic factors, each of which conveys a minor increase in the risk of disease. Unraveling the genetic origins of these diseases is expected to lead to individualized medicine, in which the prevention and treatment strategies are personalized on the basis of the results of predictive genetic tests. This great optimism is counterbalanced by concerns about the ethical, legal, and social implications of genomic medicine, such as the protection of privacy and autonomy, stigmatization, discrimination, and the psychological burden of genetic testing. These concerns are translated from genetic testing in monogenic disorders, but this translation may not be appropriate. Multiple genetic testing (genomic profiling has essential differences from genetic testing in monogenic disorders. The differences lie in the lower predictive value of the test results, the pleiotropic effects of susceptibility genes, and the low inheritance of genomic profiles. For these reasons, genomic profiling may be more similar to nongenetic tests than to predictive tests for monogenic diseases. Therefore, ethical, legal, and social issues that apply to predictive genetic testing for monogenic diseases may not be relevant for the prediction of multifactorial disorders in genomic medicine.

  1. Genetic testing and genomic analysis: a debate on ethical, social and legal issues in the Arab world with a focus on Qatar.

    Science.gov (United States)

    El Shanti, Hatem; Chouchane, Lotfi; Badii, Ramin; Gallouzi, Imed Eddine; Gasparini, Paolo

    2015-11-14

    In 2013 both Saudi Arabia and Qatar launched genome projects with the aim of providing information for better diagnosis, treatment and prevention of diseases and, ultimately to realize personalized medicine by sequencing hundred thousands samples. These population based genome activities raise a series of relevant ethical, legal and social issues general, related to the specific population structure as well as to the Islamic perspective on genomic analysis and genetic testing. To contribute to the debate, the Authors after reviewing the existing literature and taking advantage of their professional experience in the field and in the geographic area, discuss and provide their opinions. In particular, the Authors focus on the impact of consanguinity on population structure and disease frequency in the Arab world, on genetic testing and genomic analysis (i.e. technical aspects, impact, etc.) and on their regulations. A comparison between the Islamic perspective and the ethical, social and legal issues raised in other population contexts is also carried. In conclusion, this opinion article with an up-to-date contribution to the discussion on the relevance and impact of genomic analysis and genetic testing in the Arab world, might help in producing specific national guidelines on genetic testing and genomic analysis and help accelerate the implementation and roll out of genome projects in Muslim countries and more specifically in Qatar, and other countries of the Gulf.

  2. Integrating Public Health and Deliberative Public Bioethics: Lessons from the Human Genome Project Ethical, Legal, and Social Implications Program

    OpenAIRE

    Meagher, Karen M.; Lee, Lisa M.

    2016-01-01

    Public health policy works best when grounded in firm public health standards of evidence and widely shared social values. In this article, we argue for incorporating a specific method of ethical deliberation—deliberative public bioethics—into public health. We describe how deliberative public bioethics is a method of engagement that can be helpful in public health. Although medical, research, and public health ethics can be considered some of what bioethics addresses, deliberative public bio...

  3. Applied Ethics in Nowadays Society

    OpenAIRE

    Tomita CIULEI

    2013-01-01

    This special issue is dedicated to Nowadays Applied Ethics in Society, and falls in the field of social sciences and humanities, being hosted both theoretical approaches and empirical research in various areas of applied ethics. Applied ethics analyzes of a series of morally concrete situations of social or professional practice in order to make / adopt decisions. In the field of applied ethics are integrated medical ethics, legal ethics, media ethics, professional ethics, environmental ethic...

  4. Legal and Ethical Imperatives for Using Certified Sign Language Interpreters in Health Care Settings: How to "Do No Harm" When "It's (All) Greek" (Sign Language) to You.

    Science.gov (United States)

    Nonaka, Angela M

    2016-09-01

    Communication obstacles in health care settings adversely impact patient-practitioner interactions by impeding service efficiency, reducing mutual trust and satisfaction, or even endangering health outcomes. When interlocutors are separated by language, interpreters are required. The efficacy of interpreting, however, is constrained not just by interpreters' competence but also by health care providers' facility working with interpreters. Deaf individuals whose preferred form of communication is a signed language often encounter communicative barriers in health care settings. In those environments, signing Deaf people are entitled to equal communicative access via sign language interpreting services according to the Americans with Disabilities Act and Executive Order 13166, the Limited English Proficiency Initiative. Yet, litigation in states across the United States suggests that individual and institutional providers remain uncertain about their legal obligations to provide equal communicative access. This article discusses the legal and ethical imperatives for using professionally certified (vs. ad hoc) sign language interpreters in health care settings. First outlining the legal terrain governing provision of sign language interpreting services, the article then describes different types of "sign language" (e.g., American Sign Language vs. manually coded English) and different forms of "sign language interpreting" (e.g., interpretation vs. transliteration vs. translation; simultaneous vs. consecutive interpreting; individual vs. team interpreting). This is followed by reviews of the formal credentialing process and of specialized forms of sign language interpreting-that is, certified deaf interpreting, trilingual interpreting, and court interpreting. After discussing practical steps for contracting professional sign language interpreters and addressing ethical issues of confidentiality, this article concludes by offering suggestions for working more effectively

  5. Yesterday's war; tomorrow's technology: peer commentary on 'Ethical, legal, social and policy issues in the use of genomic technologies by the US military'.

    Science.gov (United States)

    Evans, Nicholas G; Moreno, Jonathan D

    2015-02-01

    A recent article by Maxwell J. Mehlman and Tracy Yeheng Li, in the Journal of Law and the Biosciences , sought to examine the ethical, legal, social, and policy issues associated with the use of genetic screening and germ-line therapies ('genomic technologies') by the US Military. In this commentary, we will elaborate several related matters: the relationship between genetic and non-genetic screening methods, the history of selection processes and force strength, and the consequences and ethics of, as Mehlman and Li suggest, engineering enhanced soldiers. We contend, first, that the strengths of genomic testing as a method of determining enrollment in the armed forces has limited appeal, given the state of current selection methods in the US armed forces. Second, that the vagaries of genetic selection, much like other forms of selection that do not bear causally or reliably on soldier performance (such as race, gender, and sexuality), pose a systematic threat to force strength by limiting the (valuable) diversity of combat units. Third, that the idea of enhancing warfighters through germ-line interventions poses serious ethical issues in terms of the control and ownership of 'enhancements' when members separate from service.

  6. Ethical considerations

    International Nuclear Information System (INIS)

    Knoppers, B.M.

    1996-01-01

    Some ethical questions about molecular biology and human radiation studies are raised. The questions relate to the following: genetic epidemiology leading to possible stigmatization of certain groups; protection of medical information, including samples, and respect for privacy; effect of genetic characterization on standards and procedures relating to occupational exposure; exclusion of vulnerable groups from research studies. On the positive side, there is increased funding within Canada for studies of ethical, legal and social issues, and internationally ethical standards are being developed

  7. The interpretation of forensic biochemical expert test made in human body fluids: scientific - legal analysis in the research on sexual offenses

    International Nuclear Information System (INIS)

    Chaves Carballo, Diana

    2014-01-01

    The contributions of science and technology have covered the whole of human life, and relationships of coexistence are even found in the various disciplines of knowledge through legal forensics. Therefore, it is increasingly imperative that the law enforcement agents are interdisciplinary professionals, with knowledge beyond the legal knowledge to enable them make the most of the scientific knowledge in judicial proceedings. Among the natural sciences applied to right, forensic biochemistry has contributed an extremely relevant test for the investigation of various sexual offenses, much has been so, that the Organismo de Investigacion Judicial of Costa Rica has in its Departamento de Laboratorios de Ciencias Forenses with specialized sections in this discipline. A diversity of skills are performed of presumptive and confirmatory character for the presence of biological fluids, sexually transmitted diseases and identification of DNA by genetic markers. Updated information is given with respect to the correct interpretation of forensic biochemical expertises achievable for identification of semen, blood and human saliva in the investigation of sexual offenses. A scientific and legal language is used allowing the most of this information in the criminal process. The main objective has been to interpret, legal and scientifically, forensic biochemical expert evidence performed in human body fluids during the investigation of sexual offenses. A legal, doctrinal and scientific review is presented with compilation of related jurisprudence and criminology reports analysis of Seccion de Bioquimica of the Departamento de Laboratorios Forenses of the Organismo de Investigacion Juridica issued during the investigation of sexual offenses. Two types of attainable skills have existed for the identification of biological fluids, each with a different binding. In addition, it has been clear, due to the lexicon employed when making a forensic biochemist opinion, that to make a proper

  8. Legal and ethical obligations to conduct a clinical drug trial in Australia as an investigator initiated and sponsored study for an overseas pharmaceutical company.

    Science.gov (United States)

    Beran, Roy G

    2004-01-01

    Most multi-centre trials are both financed and sponsored by the pharmaceutical company involved. What follows will map the path adopted for an investigator initiated and sponsored study for a new indication of an established medication. The chief investigators of a company-sponsored, investigator-initiated, multi-centre, placebo-controlled study of an established medication, Pharmaceutical Benefit Scheme (PBS) listed for treatment of one condition but trialled in the management of another condition (trial of off-label use), were approached to submit a protocol to repeat the type of study with a different compound. The new study would test a different agent, also PBS listed, for the same condition as in the initial study and with the same off-licence application. The company would finance the study, provide the medication and matched placebo but only review the investigator-initiated protocol which would be sponsored by the principal investigator. This required the investigator to implement the trial, as would normally be done by the pharmaceutical company, yet also act as its principal investigator. The principal investigator, with colleagues and a Clinical Research Organisation (CRO), developed a protocol, adapted for the new agent, and submitted it for approval. Upon acceptance a contract was negotiated with the pharmaceutical company which had to overcome jurisdictional conflicts between common law and civil law legal systems. A CRO was contracted to undertake administrative functions which dictated special contractual agreements to overcome possible conflicts of interest for a sponsor/investigator to protect patient interests. There was need to find indemnification insurance with jurisdictional problems, co-investigators, ethics committee approvals and finance management as just some of the difficulties encountered. The paper will outline how these obstacles were overcome and how ethical and legal issues were respected through compromise. The ethical and legal

  9. Improving Ethical Attitudes or Simply Teaching Ethical Codes? The Reality of Accounting Ethics Education

    Science.gov (United States)

    Cameron, Robyn Ann; O'Leary, Conor

    2015-01-01

    Ethical instruction is critical in accounting education. However, does accounting ethics teaching actually instil core ethical values or simply catalogue how students should act when confronted with typical accounting ethical dilemmas? This study extends current literature by distinguishing between moral/ethical and legal/ethical matters and then…

  10. "You can't be cold and scientific": community views on ethical issues in intellectual disability research.

    Science.gov (United States)

    McDonald, Katherine E; Schwartz, Nicole M; Gibbons, Colleen M; Olick, Robert S

    2015-04-01

    Perceptions, attitudes, and ethical concerns related to conducting research with adults with intellectual disability hinder scientific innovation to promote health. Yet we lack an understanding of community views on effective research policy and practice. To address this knowledge void, we qualitatively studied the views of adults with intellectual disability and those who provide them support regarding research participation of adults with intellectual disability. We found substantial support for their inclusion, particularly given the possibility of benefits to adults with intellectual disability, researchers, and society. We also found concerns for potential harm and differing ideas on how to promote safety. Our findings emphasize the importance of their inclusion in research, and the need for policies and practices that promote respect and safety. © The Author(s) 2015.

  11. Legal and ethical standards for protecting women's human rights and the practice of conscientious objection in reproductive healthcare settings.

    Science.gov (United States)

    Zampas, Christina

    2013-12-01

    The practice of conscientious objection by healthcare workers is growing across the globe. It is most common in reproductive healthcare settings because of the religious or moral values placed on beliefs as to when life begins. It is often invoked in the context of abortion and contraceptive services, including the provision of information related to such services. Few states adequately regulate the practice, leading to denial of access to lawful reproductive healthcare services and violations of fundamental human rights. International ethical, health, and human rights standards have recently attempted to address these challenges by harmonizing the practice of conscientious objection with women's right to sexual and reproductive health services. FIGO ethical standards have had an important role in influencing human rights development in this area. They consider regulation of the unfettered use of conscientious objection essential to the realization of sexual and reproductive rights. Under international human rights law, states have a positive obligation to act in this regard. While ethical and human rights standards regarding this issue are growing, they do not yet exhaustively cover all the situations in which women's health and human rights are in jeopardy because of the practice. The present article sets forth existing ethical and human rights standards on the issue and illustrates the need for further development and clarity on balancing these rights and interests. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  12. Human genome education model project. Ethical, legal, and social implications of the human genome project: Education of interdisciplinary professionals

    Energy Technology Data Exchange (ETDEWEB)

    Weiss, J.O. [Alliance of Genetic Support Groups, Chevy Chase, MD (United States); Lapham, E.V. [Georgetown Univ., Washington, DC (United States). Child Development Center

    1996-12-31

    This meeting was held June 10, 1996 at Georgetown University. The purpose of this meeting was to provide a multidisciplinary forum for exchange of state-of-the-art information on the human genome education model. Topics of discussion include the following: psychosocial issues; ethical issues for professionals; legislative issues and update; and education issues.

  13. Fair inclusion of pregnant women in clinical trials: an integrated scientific and ethical approach

    NARCIS (Netherlands)

    van der Graaf, Rieke; van der Zande, Indira S. E.; den Ruijter, Hester M.; Oudijk, Martijn A.; van Delden, Johannes J. M.; Oude Rengerink, Katrien; Groenwold, Rolf H. H.

    2018-01-01

    Background: Since pregnant women are severely underrepresented in clinical research, many take the position that the exclusion of pregnant women from research must be justified unless there are compelling "scientific reasons" for their exclusion. However, it is questionable whether this approach

  14. Fair inclusion of pregnant women in clinical trials : an integrated scientific and ethical approach

    NARCIS (Netherlands)

    van der Graaf, Rieke; van der Zande, Indira S E; den Ruijter, Hester M; Oudijk, Martijn A; van Delden, Johannes J M; Oude Rengerink, Katrien; Groenwold, Rolf H H

    2018-01-01

    BACKGROUND: Since pregnant women are severely underrepresented in clinical research, many take the position that the exclusion of pregnant women from research must be justified unless there are compelling "scientific reasons" for their exclusion. However, it is questionable whether this approach

  15. The ethics of improving African traditional medical practice: scientific or African traditional research methods?

    Science.gov (United States)

    Nyika, Aceme

    2009-11-01

    The disease burden in Africa, which is relatively very large compared with developed countries, has been attributed to various factors that include poverty, food shortages, inadequate access to health care and unaffordability of Western medicines to the majority of African populations. Although for 'old diseases' knowledge about the right African traditional medicines to treat or cure the diseases has been passed from generation to generation, knowledge about traditional medicines to treat newly emerging diseases has to be generated in one way or another. In addition, the existing traditional medicines have to be continuously improved, which is also the case with Western scientific medicines. Whereas one school of thought supports the idea of improving medicines, be they traditional or Western, through scientific research, an opposing school of thought argues that subjecting African traditional medicines to scientific research would be tantamount to some form of colonization and imperialism. This paper argues that continuing to use African traditional medicines for old and new diseases without making concerted efforts to improve their efficacy and safety is unethical since the disease burden affecting Africa may continue to rise in spite of the availability and accessibility of the traditional medicines. Most importantly, the paper commends efforts being made in some African countries to improve African traditional medicine through a combination of different mechanisms that include the controversial approach of scientific research on traditional medicines.

  16. Abiding by codes of ethics and codes of conduct imposed on members of learned and professional geoscience institutions and - a tiresome formality or a win-win for scientific and professional integrity and protection of the public?

    Science.gov (United States)

    Allington, Ruth; Fernandez, Isabel

    2015-04-01

    In 2012, the International Union of Geological Sciences (IUGS) formed the Task Group on Global Geoscience Professionalism ("TG-GGP") to bring together the expanding network of organizations around the world whose primary purpose is self-regulation of geoscience practice. An important part of TG-GGP's mission is to foster a shared understanding of aspects of professionalism relevant to individual scientists and applied practitioners working in one or more sectors of the wider geoscience profession (e.g. research, teaching, industry, geoscience communication and government service). These may be summarised as competence, ethical practice, and professional, technical and scientific accountability. Legal regimes for the oversight of registered or licensed professionals differ around the world and in many jurisdictions there is no registration or licensure with the force of law. However, principles of peer-based self-regulation universally apply. This makes professional geoscience organisations ideal settings within which geoscientists can debate and agree what society should expect of us in the range of roles we fulfil. They can provide the structures needed to best determine what expectations, in the public interest, are appropriate for us collectively to impose on each other. They can also provide the structures for the development of associated procedures necessary to identify and discipline those who do not live up to the expected standards of behaviour established by consensus between peers. Codes of Ethics (sometimes referred to as Codes of Conduct), to which all members of all major professional and/or scientific geoscience organizations are bound (whether or not they are registered or hold professional qualifications awarded by those organisations), incorporate such traditional tenets as: safeguarding the health and safety of the public, scientific integrity, and fairness. Codes also increasingly include obligations concerning welfare of the environment and

  17. Evaluation of a cartoon-based knowledge dissemination intervention on scientific and ethical challenges raised by nutrigenomics/nutrigenetics research.

    Science.gov (United States)

    Lafrenière, Darquise; Hurlimann, Thierry; Menuz, Vincent; Godard, Béatrice

    2014-10-01

    The push for knowledge translation on the part of health research funding agencies is significant in Canada, and many strategies have been adopted to promote the conversion of knowledge into action. In recent years, an increasing number of health researchers have been studying arts-based interventions to transform knowledge into action. This article reports on the results of an online questionnaire aimed at evaluating the effectiveness of a knowledge dissemination intervention (KDI) conveying findings from a study on the scientific and ethical challenges raised by nutrigenomics-nutrigenetics (NGx) research. The KDI was based on the use of four Web pages combining original, interactive cartoon-like illustrations accompanied by text to disseminate findings to Canadian Research Ethics Boards members, as well as to NGx researchers and researchers in ethics worldwide. Between May and October 2012, the links to the Web pages were sent in a personal email to target audience members, one thematic Web page at a time. On each thematic Web page, members of the target audience were invited to answer nine evaluation questions assessing the effectiveness of the KDI on four criteria, (i) acquisition of knowledge; (ii) change in initial understanding; (iii) generation of questions from the findings; and (iv) intent to change own practice. Response rate was low; results indicate that: (i) content of the four Web pages did not bring new knowledge to a majority of the respondents, (ii) initial understanding of the findings did not change for a majority of NGx researchers and a minority of ethics respondents, (iii) although the KDI did raise questions for respondents, it did not move them to change their practice. While target end-users may not feel that they actually learned from the KDI, it seems that the findings conveyed encouraged reflection and raised useful and valuable questions for them. Moreover, the evaluation of the KDI proved to be useful to gain knowledge about our

  18. Emerging technology and ethics

    CERN Document Server

    Wakunuma, Kutoma

    2011-01-01

    This e-book on Emerging Technologies and Ethics includes a collection of essays which explore the future and ethics of emerging information and communication technologies. Articles in the collection include an overview of the legal implications which may be relevant to the ethical aspects of emerging technologies and also ethical issues arising from the mass-take up of mobile technologies.

  19. LEGAL PROTECTION OF AVIATION IN THE CONTEXT OF GLOBALIZATION, RISKS AND SOCIAL ENTROPY AS A SCIENTIFIC PROBLEM: APPROACHES AND SOLUTIONS

    Directory of Open Access Journals (Sweden)

    O. O. Chernaya

    2015-01-01

    Full Text Available The article considers the issue concerning the international legal problem of using armed forces to counter the threats posed by the misuse of civil aircraft, in particular, the use of civil aircraft as a weapon to kill people and destroy objects on the territory of States (the events of 11th September 2001 in the USA. It proves the need for universal international legal norms regulating the actions of States to prevent and suppress acts of the misuse of civil aircraft.

  20. A Brief Report on the Ethical and Legal Guides For Technology Use in Marriage and Family Therapy.

    Science.gov (United States)

    Pennington, Michael; Patton, Rikki; Ray, Amber; Katafiasz, Heather

    2017-10-01

    Marriage and family therapists (MFTs) use ethical codes and state licensure laws/rules as guidelines for best clinical practice. It is important that professional codes reflect the potential exponential use of technology in therapy. However, current standards regarding technology use lack clarity. To explore this gap, a summative content analysis was conducted on state licensure laws/rules and professional ethical codes to find themes and subthemes among the many aspects of therapy in which technology can be utilized. Findings from the content analysis indicated that while there have been efforts by both state and professional organizations to incorporate guidance for technology use in therapy, a clear and comprehensive "roadmap" is still missing. Future scholarship is needed that develops clearer guidelines for therapists. © 2017 American Association for Marriage and Family Therapy.

  1. ETHICAL AND LEGAL ASPECTS OF INFECTOLOGY AND VACCINE PROPHYLAXIS. Part 1. Bioethics and social justice in infectious pathology

    Directory of Open Access Journals (Sweden)

    O. I. Kubar

    2011-01-01

    Full Text Available Abstract. The serial materials on the history of establishment and the modern concepts of bioethics in the field of infectious pathology is planned to present in several articles. In the current report problems of forming and compliance of social responsibility are considered. It is demonstrated the universal importance of ethic principles and specificity of their realization in the different stages of combating with infectious diseases. 

  2. 两岸律师伦理规范比较研究%A Comparison between the Legal Ethics across the Taiwan Stra

    Institute of Scientific and Technical Information of China (English)

    李军

    2014-01-01

    Making comparative research on the competent authority and disciplinary organization,in terms of ethical content,the practice of lawyers,professional behavior,business acceptance,and the relationship between lawyer and client a, Taiwan lawyer ethics pay attention to cultivate the legal professional,and the mainland represents the relationship between law and morality,pay more attention to the theory research.%通过对两岸律师主管机关、惩戒组织、律师执业行为、专业行为、受理业务以及律师互动准则等方面进行共通性与差异性的比较研究得出:台湾律师伦理以实践中的律师为出发点,注重培育法律专业伦理;大陆律师伦理以法与道德的关系为代表,侧重于理论的研究。

  3. Cross-sectional Analysis of the Standards of Consent Applied to Anaesthesia in Ireland: Are Anaesthetists Aware of their Legal and Ethical Obligations?

    LENUS (Irish Health Repository)

    2018-01-01

    Consent to a medical intervention has legally and ethically evolved to a process prioritising autonomy and patient-led decision-making. This cross-sectional analysis investigated Irish anaesthetists’ practices of taking consent. Following ethical approval, trainees and fellows of the College of Anaesthetists of Ireland were invited to participate in a 33 question online survey. One hundred and sixty responses (11.8%) were received, an equal number coming from consultants and trainees. The majority (93.7%) worked in a teaching hospital. Fifteen percent said their department had guidelines on obtaining consent for anaesthesia, but only 4.5% said their department used a separate consent form. Most (63.8%) do not usually document consent. A significant number rarely (21.8%) or never (27.8%) explained risks to patients. Lack of time was identified as the most frequent barrier (77.6%), with just under half first meeting the patient in the theatre holding-bay or the anaesthetic room. Forty-one percent felt the ultimate decision regarding which anaesthetic technique is employed should usually lie with the anaesthetist alone. These results suggest a wide variation in the practice of obtaining consent for anaesthesia. Less than half deemed their practice to be adequate in this regard, while 50% were concerned about litigation stemming from inadequate consent.

  4. [Technical statement by the Spanish Paediatric Association in relation to gender diversity in childhood and adolescence: Ethical and legal view from a multidisciplinary perspective].

    Science.gov (United States)

    Riaño Galán, Isolina; Del Río Pastoriza, Inés; Chueca Guindulain, María; Gabaldón Fraile, Sabel; de Montalvo Jááskeläinem, Federico

    2018-03-19

    An ethical and legal view of gender diversity in childhood and adolescence is presented from the perspective of the best interest of the child and the principle of protection against vulnerability. The identification of gender diversity in childhood and adolescence is a process that requires support, coordination and a multidisciplinary team that improves care and helps to obtain evidence that is lacking today. Secure, equitable and comprehensive access to care and health care should be guaranteed when required. It is necessary to promote a changing of social outlook, capable of overcoming the stereotypes that lead to discrimination and increase suffering. Respect for gender diversity in childhood and adolescence is a fundamental Human Right. The recognition of a positive value in diversity is an ethical imperative. All of this, without forgetting that we are talking about minors often in contexts of vulnerability, and currently very uncertain, so prudence is the main rule that should guide decision-making. Copyright © 2018. Publicado por Elsevier España, S.L.U.

  5. Evolution after 1990 of the Legal Framework with the Incidence on the Managerial Ethics of the Romanian Firms

    Directory of Open Access Journals (Sweden)

    Laurentia Georgeta Avram

    2014-09-01

    Full Text Available Abstract. Firms with an ethical behaviour, which satisfy the conditions of morality, namely to respect applicable law articles, have certain characteristics: “balance between profit and ethics; ethical values underlying the daily behaviour of individual actions; penalty system which provides penalty and correction actions by unethical nature; set of values that involves treating others with respect and honesty as you want and to be treated; manufacture and marketing of the products so that you are be thankful if you use them; treating the environment as it would be your property”.                      In Romania, although the law has improved methodologically according to the European Directives, but problems arise in its implementation. The Commission report to the European Parliament and the Council on Progress in Romania under the Cooperation and Verification Mechanism {SEC (2008 2539} show that Romania continues to face important difficulties in the functioning of its judiciary and fighting the corruption. In 2013, the political clienteles and corruption have worsened the Romanian state budget, representing, however, the greatest threat to the economic growth (MCV Report - 2013 - Brussels, 30.01.2013 COM (2013 47 final. What are the solutions? There are the political stability and, not least, that constitutional.

  6. www.mydrugdealer.com: Ethics and legal implications of Internet-based access to substances of abuse.

    Science.gov (United States)

    Klein, Carolina A; Kandel, Surendra

    2011-01-01

    The Internet has increasingly become an intrinsic part of everyday life, offering countless possibilities for education, services, recreation, and more. In fact, an entire virtual life within the digitalized World Wide Web is possible and common among many Internet users. Today's psychiatrists must therefore incorporate this dimension of human life into clinical practice, to achieve an adequate assessment of the tools and risks available to the patient. We focus on the Internet as a portal for the trade of and access to substances of abuse. We review the legal regulations that may inform care and standards of practice and analyze the difficulties that arise in assessment and monitoring of the current situation. We consider the potential impact of Internet-based narcotics trade on addiction morbidities and the practice of clinical psychiatry, as well as on the potential legal implications that the forensic expert may face.

  7. General practitioners' perspectives regarding competence and confidentiality in an adolescent with suspected anorexia nervosa: legal and ethical considerations.

    Science.gov (United States)

    Bartholomew, Terence P; Paxton, Susan J

    2003-02-01

    In Victoria, Australia, the legal position regarding young people's competence to make medical treatment decisions has not been clarified in legislation, and a number of often vague common law decisions must be relied on for guidance. This situation produces a degree of uncertainty about appropriate professional practice, while also potentially impeding young people's rights claims in health care settings. With this in mind, the present research explored general practitioners' competence and confidentiality decisions regarding a 17-year-old female who presented with symptoms of an eating disorder. Questionnaires were sent to a random sample of 500 Victorian general practitioners, of whom 190 responded. After reading a case vignette, general practitioners indicated whether they would find the hypothetical patient competent and if they would maintain her confidentiality. Seventy-three per cent of respondents found the patient competent and most would have maintained confidentiality, at least initially. However, subsequent analysis of the rationales supplied for these decisions revealed a wide diversity in general practitioners' understandings and implementations of extant legal authority. This research highlights the need for general practitioners to be exposed to up-to-date and clinically relevant explanations of contemporary legal positions.

  8. Professional Ethics for Climate Scientists

    Science.gov (United States)

    Peacock, K.; Mann, M. E.

    2014-12-01

    Several authors have warned that climate scientists sometimes exhibit a tendency to "err on the side of least drama" in reporting the risks associated with fossil fuel emissions. Scientists are often reluctant to comment on the implications of their work for public policy, despite the fact that because of their expertise they may be among those best placed to make recommendations about such matters as mitigation and preparedness. Scientists often have little or no training in ethics or philosophy, and consequently they may feel that they lack clear guidelines for balancing the imperative to avoid error against the need to speak out when it may be ethically required to do so. This dilemma becomes acute in cases such as abrupt ice sheet collapse where it is easier to identify a risk than to assess its probability. We will argue that long-established codes of ethics in the learned professions such as medicine and engineering offer a model that can guide research scientists in cases like this, and we suggest that ethical training could be regularly incorporated into graduate curricula in fields such as climate science and geology. We recognize that there are disanalogies between professional and scientific ethics, the most important of which is that codes of ethics are typically written into the laws that govern licensed professions such as engineering. Presently, no one can legally compel a research scientist to be ethical, although legal precedent may evolve such that scientists are increasingly expected to communicate their knowledge of risks. We will show that the principles of professional ethics can be readily adapted to define an ethical code that could be voluntarily adopted by scientists who seek clearer guidelines in an era of rapid climate change.

  9. Avoiding twisted pixels: ethical guidelines for the appropriate use and manipulation of scientific digital images.

    Science.gov (United States)

    Cromey, Douglas W

    2010-12-01

    Digital imaging has provided scientists with new opportunities to acquire and manipulate data using techniques that were difficult or impossible to employ in the past. Because digital images are easier to manipulate than film images, new problems have emerged. One growing concern in the scientific community is that digital images are not being handled with sufficient care. The problem is twofold: (1) the very small, yet troubling, number of intentional falsifications that have been identified, and (2) the more common unintentional, inappropriate manipulation of images for publication. Journals and professional societies have begun to address the issue with specific digital imaging guidelines. Unfortunately, the guidelines provided often do not come with instructions to explain their importance. Thus they deal with what should or should not be done, but not the associated 'why' that is required for understanding the rules. This article proposes 12 guidelines for scientific digital image manipulation and discusses the technical reasons behind these guidelines. These guidelines can be incorporated into lab meetings and graduate student training in order to provoke discussion and begin to bring an end to the culture of "data beautification".

  10. Ethical issues in research.

    Science.gov (United States)

    Artal, Raul; Rubenfeld, Sheldon

    2017-08-01

    Biomedical research is currently guided by ethical standards that have evolved over many centuries. Historical and political events, social and legal considerations, and continuous medical and technological advances have led to the prevailing research ethics and practice. Currently, patients and research subjects have complete autonomy while under medical care or when volunteering as research subjects. Enrolling volunteers in human subjects research includes a detailed and meaningful informed consent process that follows the cardinal principles of ethics: autonomy, beneficence, nonmaleficence, and justice. These principles were gradually adopted after World War II, primarily in response to the unethical behavior of German physicians and scientists during the Third Reich. This review emphasizes the importance of historical milestones and the essential role that ethics has in contemporary medical research. Research protocols should achieve maximum benefits for the society, have clinical and scientific value, be subject to independent review, respect human dignity, and follow the principles of informed consent, and most importantly, subjects should have complete autonomy. However, current principles and regulations cannot cover every conceivable situation, particularly in view of the new advances in science and technology. New and evolving medical technology, genetic research, therapeutic interventions, and innovations challenge society to maintain the highest moral and ethical principles. Copyright © 2017. Published by Elsevier Ltd.

  11. Earthquake ethics through scientific knowledge, historical memory and societal awareness: the experience of direct internet information.

    Science.gov (United States)

    de Rubeis, Valerio; Sbarra, Paola; Sebaste, Beppe; Tosi, Patrizia

    2013-04-01

    positive approach to the topic should comprise: 1) a better knowledge of seismic activity, 2) acceptance of earthquakes as a constant presence, 3) understanding concepts related to probability, geological time, rare occurrence of catastrophic events, 4) disposition toward the correct solutions like buildings reinforcements, earthquake simulation activities, etc. Our activity has social and ethical implications, that have to be analyzed in order to find an equilibrium between alarmism and hazard undervaluation.

  12. Ethical and Legal Implications of Elective Ventilation and Organ Transplantation: “Medicalization” of Dying versus Medical Mission

    Directory of Open Access Journals (Sweden)

    Paola Frati

    2014-01-01

    Full Text Available A critical controversy surrounds the type of allowable interventions to be carried out in patients who are potential organ donors, in an attempt to improve organ perfusion and successful transplantation. The main goal is to transplant an organ in conditions as close as possible to its physiological live state. “Elective ventilation” (EV, that is, the use of ventilation for the sole purpose of retrieving the organs of patients close to death, is an option which offsets the shortage of organ donation. We have analyzed the legal context of the dying process of the organ donor and the feasibility of EV in the Italian context. There is no legal framework regulating the practice of EV, neither is any real information given to the general public. A public debate has yet to be initiated. In the Italian cultural and legislative scenario, we believe that, under some circumstances (i.e., the expressed wishes of the patient, even in the form of advance directives, the use of EV does not violate the principle of beneficence. We believe that the crux of the matter lies in the need to explore the real determination and will of the patient and his/her orientation towards the specific aim of organ donation.

  13. Patients come from populations and populations contain patients. A two-stage scientific and ethics review: The next adaptation for single institutional review boards.

    Science.gov (United States)

    Knopman, David; Alford, Eli; Tate, Kaitlin; Long, Mark; Khachaturian, Ara S

    2017-08-01

    For nearly 50 years, institutional review boards (IRB) and independent ethics committees have featured local oversight as a core function of research ethics reviews. However growing complexity in Alzheimer's clinical research suggests current approaches to research volunteer safety is hampering development of new therapeutics. As a partial response to this challenge, the NIH has mandated that all NIH-funded multi-site studies will use a single Institutional Review Board. The perspective describes a joint program to provide a single IRB of record (sIRB) for phases of multi-site studies. The approach follows two steps. One, an expert Scientific Review Committee (SRC) of senior researchers in the field will conduct the review principally of scientific merit, significance, feasibility, and the likelihood of meaningful results. The second step will be the IRB's regulatory and ethics review. The IRB will apply appropriate regulatory criteria for approval including minimization of risks to subjects and risks reasonable in relation to anticipated benefits, equitable subject selection, informed consent, protections for vulnerable populations, and application of local context considerations, among others. There is a steady demand for scientific, ethical and regulatory review of planned Alzheimer's studies. As of January 15, 2017, there are nearly 400 open studies, Phase II and III, industry and NIH sponsored trials on disease indications affecting memory, movement and mood in the US. The effort will initially accept protocols for studies of Alzheimer's disease, dementia, and related disorders effecting memory, movement and mood. Future aims will be to provide scientific review and, where applicable, regulatory and ethical review in an international context outside North America with sites possibly in Asia, Europe and Australia. Copyright © 2017 the Alzheimer's Association. Published by Elsevier Inc. All rights reserved.

  14. Ethical and legal implications of the risks of medical tourism for patients: a qualitative study of Canadian health and safety representatives’ perspectives

    Science.gov (United States)

    Crooks, Valorie A; Turner, Leigh; Cohen, I Glenn; Bristeir, Janet; Snyder, Jeremy; Casey, Victoria; Whitmore, Rebecca

    2013-01-01

    Objectives Medical tourism involves patients’ intentional travel to privately obtain medical care in another country. Empirical evidence regarding health and safety risks facing medical tourists is limited. Consideration of this issue is dominated by speculation and lacks meaningful input from people with specific expertise in patient health and safety. We consulted with patient health and safety experts in the Canadian province of British Columbia to explore their views concerning risks that medical tourists may be exposed to. Herein, we report on the findings, linking them to existing ethical and legal issues associated with medical tourism. Design We held a focus group in September 2011 in Vancouver, British Columbia with professionals representing different domains of patient health and safety expertise. The focus group was transcribed verbatim and analysed thematically. Participants Seven professionals representing the domains of tissue banking, blood safety, health records, organ transplantation, dental care, clinical ethics and infection control participated. Results Five dominant health and safety risks for outbound medical tourists were identified by participants: (1) complications; (2) specific concerns regarding organ transplantation; (3) transmission of antibiotic-resistant organisms; (4) (dis)continuity of medical documentation and (5) (un)informed decision-making. Conclusions Concern was expressed that medical tourism might have unintended and undesired effects upon patients’ home healthcare systems. The individual choices of medical tourists could have significant public consequences if healthcare facilities in their home countries must expend resources treating postoperative complications. Participants also expressed concern that medical tourists returning home with infections, particularly antibiotic-resistant infections, could place others at risk of exposure to infections that are refractory to standard treatment regimens and thereby pose

  15. Ethics in Management Consulting

    OpenAIRE

    Carlo Vallini

    2007-01-01

    Ethics is a relevant value in business and management consulting. The presence of recognized ethics tends to reduce the need for informative or legal-contractual precautions in the formalization of relationships, for both of the parts involved in a negotiation. Management Consulting on ethics will develop more and more. Law will consider more and more ethics in business and management consulting. The ethics of corporations influences their workers and behaviour with the customers. It is an e...

  16. Can ethics survive the onslaught of science?

    Science.gov (United States)

    Lupton, Michael

    2013-09-01

    The issue on which I will attempt to cast some light is certainly not novel. It has been ongoing for many years but the pace of scientific progress is gathering and the retreat of ethical barriers is relentless. I will illustrate my thesis by using examples of legal decisions from the realm of assisted human procreation and the posthumous conception of children from the sperm of deceased fathers e.g., the cases of Diane Blood, Parpalaix and Nikolas Coltan Evans. I will also highlight the recent case of Ashley X, a nine year old girl whose parents authorised radical medical treatment to arrest her development. I will argue that the law is being driven to roll back the ethical standards derived from our legacy of Natural Law by the imperatives of human rights e.g., the right to found a family, and the quest for patient autonomy. These are both admirable goals but fulfilling these goals comes at a cost to cherished ethical values e.g., that children are conceived by living fathers and that indulging the personal desires of every individual cannot forever be encompassed. As our legislators and courts chip away at our core network of ethical values, are they replacing them with equivalent values or do their decisions amount to a hollowing out of the core ethical values e.g., Thou shalt not kill and that human life is sacrosanct? Yet abortion is legal in many countries as is euthanasia. Paradoxically there is legislative protection for embryos by limiting experimentation on these clusters of cells. How do you construct a rational ethical framework with such blatant legal inconsistencies in the protection of human life? The sanctity of human life constitutes one of the fundamental pillars of ethical values which, in turn, support much more of the structure of ethics. Is a society that permits freezing the development of a nine year old child not a society whose ethics are so compromised that it is doomed to defend an ever diminishing mass of ethical values? Is there a

  17. An overview on ethical considerations in stem cell research in Iran and ethical recommendations: A review

    Science.gov (United States)

    Farajkhoda, Tahmineh

    2017-01-01

    Conducting research on the stem cell lines might bring some worthy good to public. Human Stem Cells (hSCs) research has provided opportunities for scientific progresses and new therapies, but some complex ethical matters should be noticed to ensure that stem cell research is carried out in an ethically appropriate manner. The aim of this review article is to discuss the importance of stem cell research, code of ethics for stem cell research in Iran and ethical recommendation. Generation of stem cells for research from human embryo or adult stem cells, saving, maintenance and using of them are the main ethical, legal and jurisprudence concerns in Iran. Concerns regarding human reproduction or human cloning, breach of human dignity, genetic manipulation and probability of tumorogenisity are observed in adult/somatic stem cells. Destruction of embryo to generate stem cell is an important matter in Iran. In this regards, obtaining stem cell from donated frozen embryos through infertility treatment that would be discarded is an acceptable solution in Iran for generation of embryo for research. Ethical, legal, and jurisprudence strategies for using adult/somatic stem cells are determination of ownership of stem cells, trade prohibition of human body, supervision on bio banks and information of Oversight Committee on Stem Cell Research. Recommendations to handle ethical issues for conducting stem cell research are well-designed studies, compliance codes of ethics in biomedical research (specifically codes of ethics on stem cell research, codes of ethics on clinical trials studies and codes of ethics on animals studies), appropriate collaboration with ethics committees and respecting of rights of participants (including both of human and animal rights) in research. In addition, there is a necessity for extending global networks of bioethics for strengthening communications within organizations at both the regional and international level, strengthening legislation systems

  18. An overview on ethical considerations in stem cell research in Iran and ethical recommendations: A review

    Directory of Open Access Journals (Sweden)

    Tahmineh Farajkhoda

    2017-08-01

    Full Text Available Conducting research on the stem cell lines might bring some worthy good to public. Human Stem Cells (hSCs research has provided opportunities for scientific progresses and new therapies, but some complex ethical matters should be noticed to ensure that stem cell research is carried out in an ethically appropriate manner. The aim of this review article is to discuss the importance of stem cell research, code of ethics for stem cell research in Iran and ethical recommendation. Generation of stem cells for research from human embryo or adult stem cells, saving, maintenance and using of them are the main ethical, legal and jurisprudence concerns in Iran. Concerns regarding human reproduction or human cloning, breach of human dignity, genetic manipulation and probability of tumorogenisity are observed in adult/somatic stem cells. Destruction of embryo to generate stem cell is an important matter in Iran. In this regards, obtaining stem cell from donated frozen embryos through infertility treatment that would be discarded is an acceptable solution in Iran for generation of embryo for research. Ethical, legal, and jurisprudence strategies for using adult/somatic stem cells are determination of ownership of stem cells, trade prohibition of human body, supervision on bio banks and information of Oversight Committee on Stem Cell Research. Recommendations to handle ethical issues for conducting stem cell research are well-designed studies, compliance codes of ethics in biomedical research (specifically codes of ethics on stem cell research, codes of ethics on clinical trials studies and codes of ethics on animals studies, appropriate collaboration with ethics committees and respecting of rights of participants (including both of human and animal rights in research. In addition, there is a necessity for extending global networks of bioethics for strengthening communications within organizations at both the regional and international level, strengthening

  19. An overview on ethical considerations in stem cell research in Iran and ethical recommendations: A review.

    Science.gov (United States)

    Farajkhoda, Tahmineh

    2017-02-01

    Conducting research on the stem cell lines might bring some worthy good to public. Human Stem Cells (hSCs) research has provided opportunities for scientific progresses and new therapies, but some complex ethical matters should be noticed to ensure that stem cell research is carried out in an ethically appropriate manner. The aim of this review article is to discuss the importance of stem cell research, code of ethics for stem cell research in Iran and ethical recommendation. Generation of stem cells for research from human embryo or adult stem cells, saving, maintenance and using of them are the main ethical, legal and jurisprudence concerns in Iran. Concerns regarding human reproduction or human cloning, breach of human dignity, genetic manipulation and probability of tumorogenisity are observed in adult/somatic stem cells. Destruction of embryo to generate stem cell is an important matter in Iran. In this regards, obtaining stem cell from donated frozen embryos through infertility treatment that would be discarded is an acceptable solution in Iran for generation of embryo for research. Ethical, legal, and jurisprudence strategies for using adult/somatic stem cells are determination of ownership of stem cells, trade prohibition of human body, supervision on bio banks and information of Oversight Committee on Stem Cell Research. Recommendations to handle ethical issues for conducting stem cell research are well-designed studies, compliance codes of ethics in biomedical research (specifically codes of ethics on stem cell research, codes of ethics on clinical trials studies and codes of ethics on animals studies), appropriate collaboration with ethics committees and respecting of rights of participants (including both of human and animal rights) in research. In addition, there is a necessity for extending global networks of bioethics for strengthening communications within organizations at both the regional and international level, strengthening legislation systems

  20. Employers as Nightmare Readers: An Analysis of Ethical and Legal Concerns Regarding Employer-Employee Practices on SNS

    Directory of Open Access Journals (Sweden)

    Suder Seili

    2017-12-01

    Full Text Available The aim of this interdisciplinary paper is to study the social reality surrounding the data processing practices employers and employees engage in on social networking sites (SNS. Considering the lack of empirical studies, as well as the considerable uncertainty in the way personal data protection is implemented across the European Union (EU, the paper offers insights on the topic. Qualitative text analysis of semi-structured interviews with employers from the service sector (N=10 and the field of media and communication (N=15, as well as employers from organisations which had experienced various problems due to things their employees had posted on social media (N=14, and employees from the financial sector (N=15 were carried out to explore whether the data protection principles, which can be viewed as the most important guidelines for employers in the EU, are actually followed in their everyday SNS data processing practices. Even though the data protection principles emphasise the need for fair, purposeful, transparent, minimal and accurate processing of personal data, our interviews with employers and employees reveal that the actual SNS processing practices rarely live up to the standards. Our findings indicate that there is a growing mismatch between the social reality and legal requirements regarding data subjects.

  1. Views of physicians in training on the ethical and legal issues in preliminary reporting of echocardiographic data.

    Science.gov (United States)

    McDonald, R W; Rice, M J; Marcella, C P; Reller, M D; Imus, R L

    1991-01-01

    Cardiac sonographers may be pressured by physicians into giving diagnostic interpretations of echocardiographic data. This study investigated the issue of preliminary reporting of echocardiographic data. A questionnaire was sent to 292 physicians; 85 physicians (29%) responded. Seventy-two physicians (87%) thought they had more than a minimal knowledge of echocardiography, 94% wanted a written or verbal preliminary report, and 84% thought that giving a preliminary report should be part of the cardiac sonographer's job. If abnormalities were found, 80% wanted the results before a cardiologist reviewed the study, and 56% would want a diagnostic rather than a descriptive report. Fifty-four physicians (64%) would pressure the cardiac sonographer into giving a preliminary echocardiographic report and would use this information to manage the patient. The majority of the physicians thought that it is legal for the cardiac sonographer to give a preliminary echocardiogram report. Eighty percent said that the cardiac sonographer would not be "practicing medicine without a license," and 82% that the sonographer would not be "aiding and abetting the unauthorized practice of medicine." This data would indicate that physicians at Oregon Health Sciences University want the cardiac sonographer to give preliminary echocardiographic results, even though the sonographer may be breaking state statutes.

  2. Education and training as prerequisites for overcoming the difficulties in the implementation of ethical and legal norms concerning gender equality in a social environment

    Directory of Open Access Journals (Sweden)

    Gavrilović Danijela

    2008-01-01

    Full Text Available In this paper, the author advances the thesis that in today's Serbia there is no social consensus concerning the unequal treatment of men and women, and that 'patriarchal syndrome', stereotypes and prejudices are still widely present and are greatly influencing the functioning of social mechanisms and the achievement of gender equality. In Serbia the process of achieving the equal treatment of women de jure is still in progress. With the absence of consensus, which is a prerequisite for 'transmitting' social values encompassed by gender equality, the chances are little that equality will be attained de facto. This paper is meant as a warning that not all types of women's inequality are easily noticeable, as well as that on the social scene there are many different and intertwined social actors which influence dealing with the problem of inequality, implementation of international and domestic legal acts, ethical standards, and taking steps to introduce mechanisms for achieving women's equality in society. One of the prerequisites for overcoming these difficulties is a system of education and educational resources, which promote the idea of gender equality.

  3. Applying ethical and legal principles to new technology: the University of Auckland Faculty of Medical and Health Sciences' policy 'Taking and Sharing Images of Patients.'

    Science.gov (United States)

    Jonas, Monique; Malpas, Phillipa; Kersey, Kate; Merry, Alan; Bagg, Warwick

    2017-01-27

    To develop a policy governing the taking and sharing of photographic and radiological images by medical students. The Rules of the Health Information Privacy Code 1994 and the Code of Health and Disability Services Consumers' Rights were applied to the taking, storing and sharing of photographic and radiological images by medical students. Stakeholders, including clinicians, medical students, lawyers at district health boards in the Auckland region, the Office of the Privacy Commissioner and the Health and Disability Commissioner were consulted and their recommendations incorporated. The policy 'Taking and Sharing Images of Patients' sets expectations of students in relation to: photographs taken for the purpose of providing care; photographs taken for educational or professional practice purposes and photographic or radiological images used for educational or professional practice purposes. In addition, it prohibits students from uploading images of patients onto image-sharing apps such as Figure 1. The policy has since been extended to apply to all students at the Faculty of Medical and Health Sciences at the University of Auckland. Technology-driven evolutions in practice necessitate regular review to ensure compliance with existing legal regulations and ethical frameworks. This policy offers a starting point for healthcare providers to review their own policies and practice, with a view to ensuring that patients' trust in the treatment that their health information receives is upheld.

  4. Shared decision-making: is it time to obtain informed consent before radiologic examinations utilizing ionizing radiation? Legal and ethical implications.

    Science.gov (United States)

    Berlin, Leonard

    2014-03-01

    Concerns about the possibility of developing cancer due to diagnostic imaging examinations utilizing ionizing radiation exposure are increasing. Research studies of survivors of atomic bomb explosions, nuclear reactor accidents, and other unanticipated exposures to similar radiation have led to varying conclusions regarding the stochastic effects of radiation exposure. That high doses of ionizing radiation cause cancer in humans is generally accepted, but the question of whether diagnostic levels of radiation cause cancer continues to be hotly debated. It cannot be denied that overexposure to ionizing radiation beyond a certain threshold, which has not been exactly determined, does generate cancer. This causes a dilemma: what should patients be informed about the possibility that a CT or similar examination might cause cancer later in life? At present, there is no consensus in the radiology community as to whether informed consent must be obtained from a patient before the patient undergoes a CT or similar examination. The author analyzes whether there is a legal duty mandating radiologists to obtain such informed consent but also, irrespective of the law, whether there an ethical duty that compels radiologists to inform patients of potential adverse effects of ionizing radiation. Over the past decade, there has been a noticeable shift from a benevolent, paternalistic approach to medical care to an autonomy-based, shared-decision-making approach, whereby patient and physician work as partners in determining what is medically best for the patient. Radiologists should discuss the benefits and hazards of imaging with their patients. Copyright © 2014. Published by Elsevier Inc.

  5. Scientific Integrity and Professional Ethics at AGU - Strategies and Actions to Impact Sexual Harassment in Science and other Work Climate Issues

    Science.gov (United States)

    McPhaden, Michael; Davidson, Eric; McEntee, Christine; Williams, Billy

    2017-04-01

    The American Geophysical Union (AGU), a scientific society of 62,000 members worldwide, has established a set of scientific integrity and professional ethics guidelines for the actions of its members, for the governance of the union in its internal activities, and for the operations and participation in its publications and scientific meetings. More recently AGU has undertaken strategies and actions to help address the issue of harassment in the sciences and other work climate issues. This presentation will provide an overview of the role of scientific societies in helping to address these important issues, as well as specific strategies and actions underway at AGU and other societies. Progress to date and remaining challenges of this effort will be discussed, including AGU's work to provide additional program strength in this area.

  6. 美、英、法代孕法律规制的伦理思考%Ethical Reflection on Legal Regulation about Surrogacy in the United States, Britain and France

    Institute of Scientific and Technical Information of China (English)

    席欣然; 张金钟

    2011-01-01

    Surrogacy has been suffering from ethical controversy since it comes out. Should it be prohibited or be permitted? How to regulate it will be the best? Countries in the world which is represented by the United States, Britain and France take different attitudes towards the law about surrogacy. Ethical and legal problems associated with surrogacy cannot be a-voided. By analyzing the legal regulation about surrogacy in the United States, Britain and France, it points out its ethical problems and proposes that the combination of law and ethics is the essential way to regulate surrogacy.%代孕,自从其问世以来便饱受伦理争议.应当一禁了之还是包容开放?如何规范才是最佳抉择?以美、英、法为代表的世界各国对代孕采取了不同的法律态度,其伴随的伦理法律问题已不容回避.从分析美、英、法三国的代孕法律规制出发,指出其伦理难题,结合实际,提出法与伦理的结合是规范代孕的必由之路.

  7. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    2018-02-01

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

  8. Non-conventional humanitarian interventions on Ebola outbreak crisis in West Africa: health, ethics and legal implications.

    Science.gov (United States)

    Tambo, Ernest

    2014-01-01

    health, socio-psychological and economic consequences during and post Ebola associated crises. There is a critical need for a more pragmatic and robust scientific approach to transform and re-orient the huge natural and human resource potentials towards achieving universal coverage, the 2015-2030 Millennium Developing Goals (MDGs), sustainable growth and development in Africa.

  9. A SCIENTIFIC WORLDVIEW OF ACCOUNTING ETHICS AND GOVERNANCE EDUCATION: THE RIGHT FOOTING OF INTERNATIONAL EDUCATION STANDARD 4, BUT...

    Directory of Open Access Journals (Sweden)

    Aziuddin Ahmad

    2012-01-01

    Full Text Available This paper is a critique of the approach in which the issue of accounting ethics and governance has been tackled through education. In light of the existence of the International Education Standard (IES 4 specifically on ethics as the relevant framework developed by the International Federation of Accountants (IFAC, the discussion in this paper centres on the requirement of IES 4 and the manner it is suggested for implementation. Based on the ontological and epistemological reality of the world as reflected in science which also parallels religion and Eastern belief system, we are sceptical of the degree of representation of reality of the model of ethics and governance that is currently upheld by accounting curriculum designers. A framework on ethics education that is more holistic is proposed.

  10. Scientific evidence and the toxic tort. A socio-legal study of the issues, expert evidence and judgement in Reay and Hope v. British Nuclear Fuels plc

    International Nuclear Information System (INIS)

    Harrison, R.J.

    1999-01-01

    Providing a socio-legal analysis of the issues, expert evidence and judgment in Reay and Hope v BNFL plc., the thesis offers an insight into the complexity of the toxic tort. Starting with an overview of the history of Sellafield, the thesis reflects on the scientific and epidemiological concerns surrounding the link between childhood cancer and nuclear installations. Drawing on scientific knowledge and epistemological considerations, the thesis moves on to the difficulties of verifying causation in science and the problems of establishing causation in law. Outlining the role of the expert witness and scientific expert evidence, the thesis proceeds with a case analysis, before broaching the thorny issue of judicial decision making and in particular, the difference between the 'discovery' and 'justification' process. Moving on to the Judgment in Reay and Hope, attention is given to the potential application of probability theory to the judicial decision making process. Lasting just short of one hundred days and including the testimony of numerous scientific experts, Reay and Hope marked new ground in a number of ways; it was the first personal injury claim to test the concept of genetic damage from radiation; the only time that a Queen's Bench Division Judge had been allocated a full-time judicial assistant, and one of the first trials to endorse a satellite video link for examination of international expert witnesses. As far as judicial management is concerned, the case was a forerunner in having Counsels' Opening Statements in writing in advance of the trial, as well as having written daily submissions of key issues from plaintiffs and defendants upon conclusion of oral evidence. The circumstances that led to the trial relate to events in excess of thirty to forty years ago when the fathers of Dorothy Reay and Vivien Hope were employed by the Defendants and their predecessors (the United Kingdom Atomic Energy Authority) as fitters for the Sellafield Plant

  11. Scientific evidence and the toxic tort. A socio-legal study of the issues, expert evidence and judgement in Reay and Hope v. British Nuclear Fuels plc

    Energy Technology Data Exchange (ETDEWEB)

    Harrison, R.J

    1999-07-01

    Providing a socio-legal analysis of the issues, expert evidence and judgment in Reay and Hope v BNFL plc., the thesis offers an insight into the complexity of the toxic tort. Starting with an overview of the history of Sellafield, the thesis reflects on the scientific and epidemiological concerns surrounding the link between childhood cancer and nuclear installations. Drawing on scientific knowledge and epistemological considerations, the thesis moves on to the difficulties of verifying causation in science and the problems of establishing causation in law. Outlining the role of the expert witness and scientific expert evidence, the thesis proceeds with a case analysis, before broaching the thorny issue of judicial decision making and in particular, the difference between the 'discovery' and 'justification' process. Moving on to the Judgment in Reay and Hope, attention is given to the potential application of probability theory to the judicial decision making process. Lasting just short of one hundred days and including the testimony of numerous scientific experts, Reay and Hope marked new ground in a number of ways; it was the first personal injury claim to test the concept of genetic damage from radiation; the only time that a Queen's Bench Division Judge had been allocated a full-time judicial assistant, and one of the first trials to endorse a satellite video link for examination of international expert witnesses. As far as judicial management is concerned, the case was a forerunner in having Counsels' Opening Statements in writing in advance of the trial, as well as having written daily submissions of key issues from plaintiffs and defendants upon conclusion of oral evidence. The circumstances that led to the trial relate to events in excess of thirty to forty years ago when the fathers of Dorothy Reay and Vivien Hope were employed by the Defendants and their predecessors (the United Kingdom Atomic Energy Authority) as fitters for

  12. Legal, ethical, and economic implications of breaking down once-daily fixed-dose antiretroviral combinations into their single components for cost reduction.

    Science.gov (United States)

    Ramiro, Miguel A; Llibre, Josep M

    2014-11-01

    The availability of generic lamivudine in the context of the current economic crisis has raised a new issue in some European countries: breaking up the once-daily fixed-dose antiretroviral combinations (FDAC) of efavirenz/tenofovir/emtricitabine, tenofovir/emtricitabine, or abacavir/lamivudine, in order to administer their components separately, thereby allowing the use of generic lamivudine instead of branded emtricitabine or lamivudine. The legal, ethical, and economic implications of this potential strategy are reviewed, particularly in those patients receiving a once-daily single-tablet regimen. An unfamiliar change in antiretroviral treatment from a successful patient-friendly FDAC into a more complex regimen including separately the components to allow the substitution of one (or some) of them for generic surrogates (in the absence of a generic bioequivalent FDAC) could be discriminatory because it does not guarantee access to equal excellence in healthcare to all citizens. Furthermore, it could violate the principle of non-maleficence by potentially causing harm both at the individual level (hindering adherence and favouring treatment failure and resistance), and at the community level (hampering control of disease transmission and transmission of HIV-1 resistance). Replacing a FDAC with the individual components of that combination should only be permitted when the substituting medication has the same qualitative and quantitative composition of active ingredients, pharmaceutical form, method of administration, dosage and presentation as the medication being replaced, and a randomized study has demonstrated its non-inferiority. Finally, a strict pharma-economic study supporting this change, comparing the effectiveness and the cost of a specific intervention with the best available alternative, should be undertaken before its potential implementation. Copyright © 2013 Elsevier España, S.L.U. y Sociedad Española de Enfermedades Infecciosas y Microbiolog

  13. Research Ethics: Reforming Postgraduate Formation

    Science.gov (United States)

    Vallance, Roger J.

    2005-01-01

    Research ethics is not only a matter of doing no harm, or even abiding by the guidelines of the Ethics Review Board of the institution. While these matters are important and legal requirements, there is much more at stake in discussions of research ethics. Research ethics establish the foundation upon which research rests. Taking the social…

  14. Ethics fundamentals.

    Science.gov (United States)

    Chambers, David W

    2011-01-01

    Ethics is about studying the right and the good; morality is about acting as one should. Although there are differences among what is legal, charitable, professional, ethical, and moral, these desirable characteristics tend to cluster and are treasured in dentistry. The traditional approach to professionalism in dentistry is based on a theory of biomedical ethics advanced 30 years ago. Known as the principles approach, general ideals such as respect for autonomy, nonmaleficence, beneficence, justice, and veracity, are offered as guides. Growth in professionalism consists in learning to interpret the application of these principles as one's peers do. Moral behavior is conceived as a continuous cycle of sensitivity to situations requiring moral response, moral reasoning, the moral courage to take action when necessary, and integration of habits of moral behavior into one's character. This essay is the first of two papers that provide the backbone for the IDEA Project of the College--an online, multiformat, interactive "textbook" of ethics for the profession.

  15. Introduction to the Special Issue on Climate Ethics : Uncertainty, Values and Policy

    NARCIS (Netherlands)

    Roeser, S.

    2017-01-01

    Climate change is a pressing phenomenon with huge potential ethical, legal and social policy implications. Climate change gives rise to intricate moral and policy issues as it involves contested science, uncertainty and risk. In order to come to scientifically and morally justified, as well as

  16. Global Ethics Applied: Global Ethics, Economic Ethics

    OpenAIRE

    Stückelberger, Christoph

    2016-01-01

    Global Ethics Applied’ in four volumes is a reader of 88 selected articles from the author on 13 domains: Vol. 1 Global Ethics, Economic Ethics; Vol. 2 Environmental Ethics; Vol. 3 Development Ethics, Political Ethics, Dialogue and Peace Ethics, Innovation and Research Ethics, Information and Communication Ethics; Vol. 4 Bioethics and Medical Ethics, Family Ethics and Sexual Ethics, Leadership Ethics, Theological Ethics and Ecclesiology, Methods of Ethics. It concludes with the extended Bibli...

  17. Ethics Education and Scientific and Engineering Research: What's Been Learned? What Should Be Done? Summary of a Workshop

    Science.gov (United States)

    Hollander, Rachelle, Ed.; Arenberg, Carol R., Ed.

    2009-01-01

    Increasing complexity and competitiveness in research environments, the prevalence of interdisciplinary and international involvement in research projects, and the close coupling of commerce and academia have created an ethically challenging environment for young scientists and engineers. For the past several decades, federal research agencies…

  18. Clinical, legal and ethical implications of the intra-ocular (off-label) use of bevacizumab (avastin)--a South African perspective.

    Science.gov (United States)

    Jansen, Rita-Marié; Gouws, Chris

    2009-06-01

    Choroidal neovascularisation is a potentially visually devastating element of various forms of eye pathology. Recent research has focused on neurovascular age-related macular degeneration (AMD) as a cause. AMD can be classified as being exudative (wet) or atrophic (dry). Wet AMD is characterised by a pathological process in which new blood vessels develop in the choroids, causing leakage of fluid and haemorrhage under the retina and leading to localised serous detachment and loss of central vision. Vascular endothelial growth factor (VEGF) stimulates growth of neovascular membranes. Treatments have until recently yielded disappointing results. Ophthalmologists are using intra-ocular injections of bevacizumab (Avastin), an anti-VEGF, to treat AMD. Avastin appears to be safe and effective in the short term, but its intra-ocular administration is entirely off-label. Avastin is registered for treating metastatic colorectal and breast cancer. The off-label use of medication is an important part of mainstream, legitimate medical practice worldwide. Lawyers representing plaintiffs injured by drugs increasingly encounter off-label use claims. From a legal/ethical point of view the off-label use of medication represents a delicate balance between the statutory regulation of medication and a physician's prerogative to prescribe medication that in his or her medical opinion will be beneficial to the patient. The main reason for the controversy created by the off-label use of Avastin is that there are anti-VEGF drugs on the market that have formal approval for the treatment of AMD (and other eye conditions). Lucentis, for example, is extremely expensive, with treatment cost approximately 50 times that of Avastin. Many patients suffering from AMD and macular oedema cannot afford the registered product. The off-label use of Avastin has passed the innovative or experimental stages, as ophthalmologists have used it regularly and openly for a long time, with good success. Such use

  19. The IAPG: International Association for Promoting Geoethics: a scientific platform for widening the debate on problems of ethics applied to the geosciences

    Science.gov (United States)

    Bobrowsky, Peter; Brocx, Margaret; Di Capua, Giuseppe; Errami, Ezzoura; Greco, Roberto; Kieffer, Susan W.; Daji Limaye, Shrikant; Peppoloni, Silvia; Silva, Elizabeth; Tinti, Stefano; Wang, Meng

    2013-04-01

    Geoethics consists of the research and reflection on those values upon which to base appropriate behaviours and practices regarding the Geosphere. Geoethics also deals with problems related to risk management and mitigation of geohazards. One of the most important goals of the Geoethics is to foster the proper and correct dissemination of results of scientific studies and other information on risks. Moreover, Geoethics aims to improve the relationships between the scientific community, mass media and public and aims to organize effective teaching tools to develop awareness, values and responsibility within the population. Geoethics should become part of the social knowledge and an essential point of reference for every action affecting land, water and atmosphere usage that is taken by stake-holders and decision-makers. Although Geoethics is a young discipline, it provides a forum for open discussion inside the Geosciences on the social and cultural role that Geoscientists can play in society. First, Geoethics represents an opportunity for Geoscientists to become more conscious of their responsibilities in conducting their activity, highlighting the ethical, cultural and economic repercussions that their behavioral choices may have on society. From this point of view Geoethics, at this stage of its development, is primarily an attitude of thinking: through consideration of geoethical questions, Geoscientists have the opportunity to ask questions about themselves, their skills, the quality of their work and the contribution they can provide to the healthy progress of humanity. The International Association for Promoting Geoethics (IAPG: http://www.iapg.geoethics.org) is a new multidisciplinary, scientific platform for widening the debate on problems of Ethics applied to the Geosciences, through international cooperation and for encouraging the involvement of geoscientists on Geoethics themes. The IAPG was founded to increase the awareness inside the scientific

  20. When organ donation from living donors serves as the main source of organ procurement: a critical examination of the ethical and legal challenges to Turkey's recent efforts to overcome organ shortage.

    Science.gov (United States)

    Sert, G; Guven, T; Gorkey, S

    2013-01-01

    Despite the fact that Turkey has implemented a number of legislative and regulatory efforts to increase cadaveric donations, live donors still serve as the main source of organ procurement in this country. To address this problem, Turkey's regulatory authorities have sought to increase the number of brain death declarations. A new regulation issued in 2012 repeats the criteria for brain death that were first issued in 1993. This paper argues that these efforts are far from adequate owing to a number of complicated, ethical, and legal challenges that must be addressed to increase cadaveric organ donations. After examining these factors, which are completely neglected in current policies, we conclude that Turkey needs a realistic ethically justifiable organ procurement policy that must be supported by a framework of patient rights to implement the concept of patient autonomy and respect for human dignity in health care services as the primary goal. Copyright © 2013 Elsevier Inc. All rights reserved.

  1. Nanoethics and the breaching of boundaries: a heuristic for going from encouragement to a fuller integration of ethical, legal and social issues and science : commentary on: "Adding to the mix: integrating ELSI into a National Nanoscale Science and Technology Center".

    Science.gov (United States)

    Tuma, Julio R

    2011-12-01

    The intersection of ELSI and science forms a complicated nexus yet their integration is an important goal both for society and for the successful advancement of science. In what follows, I present a heuristic that makes boundary identification and crossing an important tool in the discovery of potential areas of ethical, legal, and social concern in science. A dynamic and iterative application of the heuristic can lead towards a fuller integration and appreciation of the concerns of ELSI and of science from both sides of the divide.

  2. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    : the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....

  3. Scientific and Ethical Reflections on Academic Corruption in Universities: On the Science Research Evaluation System in China's Universities

    Science.gov (United States)

    Xiaochun, Wu; Dan, Jia

    2007-01-01

    A study of the science research activities in China's institutions of higher learning in recent years indicates that there is a major connection between the current instances of corruption in scientific research at colleges and universities and the evaluations system for scientific research implemented at many of the colleges and universities.…

  4. Plagiarism in scientific publishing.

    Science.gov (United States)

    Masic, Izet

    2012-12-01

    Scientific publishing is the ultimate product of scientist work. Number of publications and their quoting are measures of scientist success while unpublished researches are invisible to the scientific community, and as such nonexistent. Researchers in their work rely on their predecessors, while the extent of use of one scientist work, as a source for the work of other authors is the verification of its contributions to the growth of human knowledge. If the author has published an article in a scientific journal it cannot publish the article in any other journal h with a few minor adjustments or without quoting parts of the first article, which are used in another article. Copyright infringement occurs when the author of a new article with or without the mentioning the author used substantial portions of previously published articles, including tables and figures. Scientific institutions and universities should,in accordance with the principles of Good Scientific Practice (GSP) and Good Laboratory Practices (GLP) have a center for monitoring,security, promotion and development of quality research. Establish rules and compliance to rules of good scientific practice are the obligations of each research institutions,universities and every individual-researchers,regardless of which area of science is investigated. In this way, internal quality control ensures that a research institution such as a university, assume responsibility for creating an environment that promotes standards of excellence, intellectual honesty and legality. Although the truth should be the aim of scientific research, it is not guiding fact for all scientists. The best way to reach the truth in its study and to avoid the methodological and ethical mistakes is to consistently apply scientific methods and ethical standards in research. Although variously defined plagiarism is basically intended to deceive the reader's own scientific contribution. There is no general regulation of control of

  5. PLAGIARISM IN SCIENTIFIC PUBLISHING

    Science.gov (United States)

    Masic, Izet

    2012-01-01

    Scientific publishing is the ultimate product of scientist work. Number of publications and their quoting are measures of scientist success while unpublished researches are invisible to the scientific community, and as such nonexistent. Researchers in their work rely on their predecessors, while the extent of use of one scientist work, as a source for the work of other authors is the verification of its contributions to the growth of human knowledge. If the author has published an article in a scientific journal it cannot publish the article in any other journal h with a few minor adjustments or without quoting parts of the first article, which are used in another article. Copyright infringement occurs when the author of a new article with or without the mentioning the author used substantial portions of previously published articles, including tables and figures. Scientific institutions and universities should,in accordance with the principles of Good Scientific Practice (GSP) and Good Laboratory Practices (GLP) have a center for monitoring,security, promotion and development of quality research. Establish rules and compliance to rules of good scientific practice are the obligations of each research institutions,universities and every individual-researchers,regardless of which area of science is investigated. In this way, internal quality control ensures that a research institution such as a university, assume responsibility for creating an environment that promotes standards of excellence, intellectual honesty and legality. Although the truth should be the aim of scientific research, it is not guiding fact for all scientists. The best way to reach the truth in its study and to avoid the methodological and ethical mistakes is to consistently apply scientific methods and ethical standards in research. Although variously defined plagiarism is basically intended to deceive the reader’s own scientific contribution. There is no general regulation of control of

  6. The Battlefield Health and Trauma Research Institute Scientific Ethics Committee: An Evolving Model for Fostering a Culture of Integrity

    Science.gov (United States)

    2012-01-01

    grants and contracts.8 The ORI defines research misconduct as ‘‘fabrication, falsification, or plagiarism in proposing, performing, or reviewing research...fabrication, falsification, or plagiarism (FFP) is only 1% to 2%, based on self-reporting.10,11 However, approx- imately 33% of scientists admitted...provide investigators training and guidance? THE ACADEMIC MODEL Just as regulations governing the ethical use of human and animal research subjects grew

  7. Ethical Ideology and Ethical Judgments of Accounting Practitioners in Malaysia

    Directory of Open Access Journals (Sweden)

    Suhaiza Ismail

    2011-09-01

    Full Text Available The paper intends to explore the ethical ideology and ethical judgments of accounting practitioners in Malaysia. The objectives of this study are twofold. First, the paper intends to examine the factors that contribute to the different ethical ideology among Malaysian accounting practitioners. Second, it aims to investigate the influence of demographic factors and ethical ideology on ethical judgments of accounting practitioners. The study used Forsyth’s (1980 Ethics Position Questionnaire instrument to examine the ethical ideology of the accountants and adopted ethics vignettes used by Emerson et al. (2007 to assess the ethical judgments of the respondents. From the statistical analysis, this study found that age and gender have a significant impact on ethical judgment but not on ethical ideology. In addition, idealism and relativism have a significant influence on ethical judgment, especially in a legally unethical situation.

  8. BUSINESS ETHICS

    Directory of Open Access Journals (Sweden)

    Nelu BURCEA

    2014-12-01

    Full Text Available Through this study we seek to explore the concept of business ethics, in those aspects that we consider to be essential and concrete. We started from a few questions: Could the two concepts be compatible? If not, why not? If yes, could they be complementary? How real is the use of ethics in the profits of a business? How can be business ethics be exemplified and what principles are essential in doing business? How does the business environment react to the concept? These are some of the elements that will form the basis of this scientific study. Lately, business ethics has been becoming an increasingly popular topic. Set against the global economic crisis, the companies’ credibility could become a major concern. Business ethics also becomes a challenge for training and informing employees and employers, in order to make not only economical, but also ethical decisions regarding their profits. In the study we shall also address the ethical standards required in a business world interested in fundamental values that can make the difference in 21st century business. Also, according to a study conducted by the authors, we shall address the two most important ethical values that prove to be essential to a business.

  9. Assessing the public's views in research ethics controversies: deliberative democracy and bioethics as natural allies.

    Science.gov (United States)

    Kim, Scott Y H; Wall, Ian F; Stanczyk, Aimee; De Vries, Raymond

    2009-12-01

    In a liberal democracy, policy decisions regarding ethical controversies, including those in research ethics, should incorporate the opinions of its citizens. Eliciting informed and well-considered ethical opinions can be challenging. The issues may not be widely familiar and they may involve complex scientific, legal, historical, and ethical dimensions. Traditional surveys risk eliciting superficial and uninformed opinions that may be of dubious quality for policy formation. We argue that the theory and practice of deliberative democracy (DD) is especially useful in overcoming such inadequacies. We explain DD theory and practice, discuss the rationale for using DD methods in research ethics, and illustrate in depth the use of a DD method for a longstanding research ethics controversy involving research based on surrogate consent. The potential pitfalls of DD and the means of minimizing them as well as future research directions are also discussed.

  10. [Continuing education in ethics: from clinical ethics to institutional ethics].

    Science.gov (United States)

    Brazeau-Lamontagne, Lucie

    2012-01-01

    The mandate of the Ethics Committee of the Conseil de médecins, dentistes et pharmaciens (CMDP) at the Centre hospitalier universitaire de Sherbrooke (CHUS), Sherbrooke, Quebec is three-fold: to guide the clinical decision; to address the institutional ethical function; to create the program for continuing education in ethics (Formation éthique continue or FEC). Might FEC be the means of bridging from individual ethics to institutional ethics at a hospital? To take the FEC perspectives considered appropriate for doctors and consider them for validation or disproving in the context of those of other professionals. Situate the proposed FEC mandate in a reference framework to evaluate (or triangulate) the clinical decision and the institutional ethic. CONVICTION: Sustainable professional development for doctors (DPD) includes ethics; it cannot be ignored. Without constant attention to upgrading one's abilities in professional ethics, these suffer the same fate as other professional aptitudes and competences (for example, techniques and scientific knowledge): decay.

  11. Ethics of Reproductive Engineering

    Science.gov (United States)

    Buuck, R. John

    1977-01-01

    Artificial insemination, in vitro fertilization, artificial placentas, and cloning are examined from a ethical viewpoint. The moral, social, and legal implications of reproductive engineering are considered important to biology as well as medicine. The author suggests that these ethical issues should be included in the biology curriculum and lists…

  12. Assessment of ethical aspects of cryonics: An emerging technology

    Directory of Open Access Journals (Sweden)

    Vagish Kumar L Shanbhag

    2017-01-01

    Full Text Available Cryonics is a technology that is often looked upon with suspicion and as a science fiction. It is a life support technology that aims to revive a deanimated legally dead body on availability of suitable scientifically advanced technologies in the coming future. Thorough reasoning and analysis reveal that in fact cryonics is somewhat an extension of the current medical science and technology. The present article analyzes cryonics and attempts to discuss ethical aspects connected with it.

  13. Delivering social work services in collaboration with the legal representation for individual clients: An effective, ethical and economical approach to supporting families in child abuse and neglect legal proceedings.

    Science.gov (United States)

    Pott, Robbin

    2017-11-01

    This article discusses the need to improve the quality of helping relationships between families and social workers in the child protection system and the growing body of evidence that teams of social workers and lawyers are effective at improving outcomes in child protection legal proceedings. The author presents an alternative structure of delivering social work services within the child protection systems once a court gets involved with a family, proposing that social workers should focus on individual clients in collaboration with their legal representation, rather than the traditional model of a governmental agency social worker serving the family as a unit as it also determines placement of the children. Pairing the social worker to an individual client in tandem with their legal representative would help resolve the widely observed relationship problems between service users and governmental agency social workers that include the power imbalance created by the agency's authority to determine placement of children, the conflicts of interest that agency workers face when required to manage differing family members' needs, and the lack of protection of the due process right of confidentiality for parties involved in legal proceedings. This alternative structure also impacts the need to use resources more efficiently and has been demonstrated to result in substantial returns on investment. This article concludes that when a family becomes involved in child abuse and neglect legal proceedings, the child welfare agency should shift the delivery of social work services to the individual parties, away from the governmental agency and in conjunction with their legal representation. Copyright © 2017 Elsevier Ltd. All rights reserved.

  14. IS ETHICAL HACKING ETHICAL?

    OpenAIRE

    MUHAMMAD NUMAN ALI KHAN; DANISH JAMIL,

    2011-01-01

    This paper explores the ethics behind ethical hacking and whether there are problems that lie with this new field of work. Since ethical hacking has been a controversial subject over the past few years, the question remains of the true intentions of ethical hackers. The paper also looks at ways in which future research could be looked intoto help keep ethical hacking, ethical.

  15. Ethics on Trial: Teacher's Guide for Secondary Schools.

    Science.gov (United States)

    Greater Washington Educational Telecommunications Association, Inc., Arlington, VA.

    Students' understanding of lawyers and the legal system may be increased through the five law-related ethical issues presented in this document. Legal ethics is defined as: (1) the minimum standard of professional conduct in daily legal situations; and (2) a lawyer's broader responsibility to society. The ethical issues are presented in three…

  16. StranshamFord v Minister of Justice and Correctional Services and Others: Can active voluntary euthanasia and doctorassisted suicide be legally justified and are they consistent with the biomedical ethical principles Some suggested guidelines for doct

    Directory of Open Access Journals (Sweden)

    David McQuoid-Mason

    2015-11-01

    Full Text Available The recent case of Stransham-Ford v Minister of Justice and Correctional Services and Others held that voluntary active euthanasia and doctor assisted suicide may be legally justified in certain circumstances. The court observed that the distinction between ‘active’ and ‘passive’ voluntary euthanasia is not legally tenable as in both instances the doctors concerned have the ‘actual’ or ‘eventual’ intention to terminate the patient’s life and have caused or hastened the patient’s death. It is argued that as the South African Constitution is the supreme law of the country, the fundamental rights of patients guaranteed in the Constitution cannot be undermined by ethical duties imposed on health care practitioners by international and national professional bodies. The court in the Stransham-Ford case did not use ethical theories and principles to decide the matter. It simply applied the values in the Constitution and the provisions of the Bill of Rights. However, in order to assist medical practitioners with practical guidelines with which many of them are familiar - rather than complicated unfamiliar philosophical arguments - the biomedical ethical principles of patient autonomy, beneficence, non-maleficence and justice or fairness are applied to active voluntary euthanasia and doctor-assisted suicide in the context of the Stransham-Ford case. Although the case has not set a precedent or opened the floodgates to doctor-assisted voluntary active euthanasia and it is open to Parliament, the Constitutional Court or other courts to develop the concept or outlaw it, some guidelines are offered for doctors to consider should they be authorized by a court to assist with voluntary active euthanasia.

  17. Real Virtuality: A Code of Ethical ConductRecommendations for Good Scientific Practice and the Consumers of VR-Technology

    Directory of Open Access Journals (Sweden)

    Michael eMadary

    2016-02-01

    Full Text Available The goal of this article is to present a first list of ethical concerns that may arise from research and personal use of virtual reality (VR and related technology, and to offer concrete recommendations for minimizing those risks. Many of the recommendations call for focused research initiatives. In the first part of the article, we discuss the relevant evidence from psychology that motivates our concerns. In section 1.1, we cover some of the main results suggesting that one’s environment can influence one’s psychological states, as well as recent work on inducing illusions of embodiment. Then, in section 1.2, we go on to discuss recent evidence indicating that immersion in VR can have psychological effects that last after leaving the virtual environment. In the second part of the article we turn to the risks and recommendations. We begin, in section 2.1, with the research ethics of VR, covering six main topics: the limits of experimental environments, informed consent, clinical risks, dual-use, online research, and a general point about the limitations of a code of conduct for research. Then, in section 2.2, we turn to the risks of VR for the general public, covering four main topics: long-term immersion, neglect of the social and physical environment, risky content, and privacy. We offer concrete recommendations for each of these ten topics, summarized in Table 1.

  18. Transplant Ethics.

    Science.gov (United States)

    Altınörs, Nur; Haberal, Mehmet

    2016-11-01

    The aim of this study was to review and discuss the great variety of ethical issues related to organ donation, organ procurement, transplant activities, and new ethical problems created as a result of technologic and scientific developments. An extensive literature survey was made, and expert opinions were obtained. The gap between demand and supply of organs for transplant has yielded to organ trafficking, organ tourism, and commercialism. This problem seems to be the most important issue, and naturally there are ethical dilemmas related to it. A wide number of ideas have been expressed on the subject, and different solutions have been proposed. The struggle against organ trafficking and commercialism should include legislation, efforts to increase deceased-donor donations, and international cooperation. China's policy to procure organs from prisoners sentenced to death is unethical, and the international community should exert more pressure on the Chinese government to cease this practice. Each particular ethical dilemma should be taken separately and managed.

  19. Foundations in the Law: Classic Cases in Medical Ethics

    National Research Council Canada - National Science Library

    Zucker, K. W; Allen, Tracy L; Boyle, Martin J; Burton, Amy R; Smyth, Vito S

    2007-01-01

    .... The converse is also true: decisions within a legal system inform, or impact, ethics -specifically medical ethics The cases discussed in this paper are at the foundation of medical ethics in the United States...

  20. The Perfect Storm—Genetic Engineering, Science, and Ethics

    Science.gov (United States)

    Rollin, Bernard E.

    2014-02-01

    Uncertainty about ethics has been a major factor in societal rejection of biotechnology. Six factors help create a societal "perfect storm" regarding ethics and biotechnology: Social demand for ethical discussion; societal scientific illiteracy; poor social understanding of ethics; a "Gresham's Law for Ethics;" Scientific Ideology; vested interests dominating ethical discussion. How this can be remedied is discussed.

  1. Scientific misconduct, the pharmaceutical industry, and the tragedy of institutions.

    Science.gov (United States)

    Cohen-Kohler, Jillian Clare; Esmail, Laura C

    2007-09-01

    This paper examines how current legislative and regulatory models do not adequately govern the pharmaceutical industry towards ethical scientific conduct. In the context of a highly profit-driven industry, governments need to ensure ethical and legal standards are not only in place for companies but that they are enforceable. We demonstrate with examples from both industrialized and developing countries how without sufficient controls, there is a risk that corporate behaviour will transgress ethical boundaries. We submit that there is a critical need for urgent drug regulatory reform. There must be robust regulatory structures in place which enforce corporate governance mechanisms to ensure that pharmaceutical companies maintain ethical standards in drug research and development and the marketing of pharmaceuticals. What is also needed is for the pharmaceutical industry to adopt authentic "corporate social responsibility" policies as current policies and practices are insufficient.

  2. Hospital ethics committees in Israel: structure, function and heterogeneity in the setting of statutory ethics committees

    OpenAIRE

    Wenger, N; Golan, O; Shalev, C; Glick, S

    2002-01-01

    Objectives: Hospital ethics committees increasingly affect medical care worldwide, yet there has been little evaluation of these bodies. Israel has the distinction of having ethics committees legally required by a Patients' Rights Act. We studied the development of ethics committees in this legal environment.

  3. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  4. Reproductive cloning in humans and therapeutic cloning in primates: is the ethical debate catching up with the recent scientific advances?

    Science.gov (United States)

    Camporesi, S; Bortolotti, L

    2008-09-01

    After years of failure, in November 2007 primate embryonic stem cells were derived by somatic cellular nuclear transfer, also known as therapeutic cloning. The first embryo transfer for human reproductive cloning purposes was also attempted in 2006, albeit with negative results. These two events force us to think carefully about the possibility of human cloning which is now much closer to becoming a reality. In this paper we tackle this issue from two sides, first summarising what scientists have achieved so far, then discussing some of the ethical arguments in favour and against human cloning which are debated in the context of policy making and public consultation. Therapeutic cloning as a means to improve and save lives has uncontroversial moral value. As to human reproductive cloning, we consider and assess some common objections and failing to see them as conclusive. We do recognise, though, that there will be problems at the level of policy and regulation that might either impair the implementation of human reproductive cloning or make its accessibility restricted in a way that could become difficult to justify on moral grounds. We suggest using the time still available before human reproductive cloning is attempted successfully to create policies and institutions that can offer clear directives on its legitimate applications on the basis of solid arguments, coherent moral principles, and extensive public consultation.

  5. Ethical and regulatory issues with conducting sexuality research with LGBT adolescents: a call to action for a scientifically informed approach.

    Science.gov (United States)

    Mustanski, Brian

    2011-08-01

    Lesbian, gay, bisexual, and transgender (LGBT) adolescents experience disparities in mental and sexual health. There is also a lack of research on this population relative to other adolescents, which limits our ability to effectively address these health disparities. Researchers may unfortunately avoid conducting research with this population because of anticipated or actual experiences with difficulties in obtaining IRB approval. A case example is provided to illustrate the ethical and regulatory issues related to research with LGBT adolescents. Relevant U.S. federal and local regulations related to research on sexual and mental health with adolescents is then reviewed. Data are presented demonstrating that requiring parental consent for LGBT youth under age 18 would likely alter study result. Data are also presented on participants' appraisals of the risks and discomforts associated with research participation. The provision of such empirical data on the risks of research participation is consistent with the goal of moving the IRB process of risk/benefit assessment from being entirely subjective to being evidence-based. Finally, recommendations are provided on how to approach these issues in IRB applications and investigators are called to help to build a corpus of scholarship that can advance empirical knowledge in this area.

  6. Marketing legal services on the Internet

    OpenAIRE

    Alicja Mikołajczyk

    2014-01-01

    This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

  7. ACHIEVING EXCELLENCE IN THE LEGAL PROFESSION IN A ...

    African Journals Online (AJOL)

    skills in all professions leaving the lawyer of today a person of business and ethics. ... to meet complex expectations of clients in terms of high ethical standards, personal ... practice of law to addressing legal issues and solving real life prob-.

  8. Assessing the Public’s Views in Research Ethics Controversies: Deliberative Democracy and Bioethics as Natural Allies

    Science.gov (United States)

    Kim, Scott Y. H.; Wall, Ian F.; Stanczyk, Aimee; Vries, Raymond De

    2010-01-01

    In a Liberal Democracy, Policy Decisions regarding ethical controversies, including those in research ethics, should incorporate the opinions of its citizens. Eliciting informed and well-considered ethical opinions can be challenging. The issues may not be widely familiar and they may involve complex scientific, legal, historical, and ethical dimensions. Traditional surveys risk eliciting superficial and uninformed opinions that may be of dubious quality for policy formation. We argue that the theory and practice of deliberative democracy (DD) is especially useful in overcoming such inadequacies. We explain DD theory and practice, discuss the rationale for using DD methods in research ethics, and illustrate in depth the use of a DD method for a long-standing research ethics controversy involving research based on surrogate consent. The potential pitfalls of DD and the means of minimizing them as well as future research directions are also discussed. PMID:19919315

  9. Multiple Authorship in Scientific Manuscripts: Ethical Challenges, Ghost and Guest/Gift Authorship, and the Cultural/Disciplinary Perspective.

    Science.gov (United States)

    Teixeira da Silva, Jaime A; Dobránszki, Judit

    2016-10-01

    Multiple authorship is the universal solution to multi-tasking in the sciences. Without a team, each with their own set of expertise, and each involved mostly in complementary ways, a research project will likely not advance quickly, or effectively. Consequently, there is a risk that research goals will not be met within a desired timeframe. Research teams that strictly scrutinize their modus operandi select and include a set of authors that have participated substantially in the physical undertaking of the research, in its planning, or who have contributed intellectually to the ideas or the development of the manuscript. Authorship is not an issue that is taken lightly, and save for dishonest authors, it is an issue that is decided collectively by the authors, usually in sync with codes of conduct established by their research institutes or national ministries of education. Science, technology and medicine (STM) publishers have, through independent, or sometimes coordinated efforts, also established their own sets of guidelines regarding what constitutes valid authorship. However, these are, for the greater part, merely guidelines. A previous and recent analysis of authorship definitions indicates that the definitions in place regarding authorship and its validity by many leading STM publishers is neither uniform, nor standard, despite several of them claiming to follow the guidelines as set forward by the International Committee of Medical Journal Editors or ICMJE. This disparity extends itself to ghost and guest authorship, two key authorship-related issues that are examined in this paper to assess the extent of discrepancies among the same set of STM publishers and what possible influence they might have on publishing ethics.

  10. What are the Ethical Problems Raised by the Increase of Cognitive Capabilities in the Defence Structure: The French Legal Structure, the Ethical Position of the French Military Health Service

    Science.gov (United States)

    2009-10-01

    modelled in our occidental civilisation . Within this logic, ethics are defined according to laws laid down in our occidental society. The collection...includes the body and cognitive functions. Etymologically the word hailing from the Latin term “persona” reflects the actor’s voice from behind a

  11. Ethics and experiment

    DEFF Research Database (Denmark)

    Addison, Courtney Page

    . However, social scientists have yet to devote much attention to this ethically contentious and medically complex field. This project aimed to identify and explore social and ethical factors shaping gene therapy practice in clinical settings. It is based on six months of participant observation in a London...... children’s hospital (the UKCH), thirty-two interviews with key actors in the gene therapy field, and scientific and policy document analysis. One of the main interests of this research is with the politics of ethics. The thesis shows that ‘ethical boundary work’ was central to establishing the credibility...... of gene therapy, and the authority of its practitioners. The politics of ethics can also be discerned in practice: the UK research ethics system structures scientific work but cannot account for the various, complex, and on-going ethical dilemmas that patients and practitioners face when undertaking gene...

  12. Environmental ethics and regional sustainable development

    Institute of Scientific and Technical Information of China (English)

    ZHENG Du; DAI Erfu

    2012-01-01

    The scientific environmental ethics plays a key role in the recognition of the human-environment interactions.Modern environmental ethics is the philosophical re-thinking of modern human race environmental behavior.The development of environmental ethics theory,as well as its application in reality,determines the viewpoints of environmental ethics.Sustainable development implies harmony on human-environment interactions and inter-generation responsibility,with emphasis on a harmonious relationship among population,resources,environment and development,so as to lay a sustainable and healthy foundation of resources and environment for future generations.The harmonious society construction in China that is raised by the Chinese central government should be covered by environmental ethics.The connotation of open environmental ethics includes a respect for nature,care for the individual human race,and respect for the development of future generations,which means giving consideration to natural values,individual and human race benefits and welfare across generations.The role of environmental ethics in regional development consists of cognition,criticism,education,inspiration,adjusting,legislation and promoting environmental regulations.The major problems in regional development are extensive resource exploration,fast population growth,irrational industrial structure,unfair welfare distribution and the twofold effects of science and technology development.The formulation of environmental ethics that aims at regional sustainable development,can not only harmonize the relationship of population,resource,environment and economic development,but also guide behavior selection,push social and political system transformation,strengthen the legal system,and raise environmental awareness of the public.

  13. The Attorney-Client Relationship as a Business Law-Legal Environment Topic

    Science.gov (United States)

    Levin, Murray S.

    2004-01-01

    Business school law courses should promote understanding of legal processes affecting business, help students learn to recognize legal issues and manage legal risks, increase ethical sensitivity, and help students to develop critical thinking skills. To this end, business law and legal environment textbooks tend to focus on ethical and legal…

  14. * Ethical Issues in the Use of Animal Models for Tissue Engineering: Reflections on Legal Aspects, Moral Theory, Three Rs Strategies, and Harm-Benefit Analysis.

    Science.gov (United States)

    Liguori, Gabriel R; Jeronimus, Bertus F; de Aquinas Liguori, Tácia T; Moreira, Luiz Felipe P; Harmsen, Martin C

    2017-12-01

    Animal experimentation requires a solid and rational moral foundation. Objective and emphatic decision-making and protocol evaluation by researchers and ethics committees remain a difficult and sensitive matter. This article presents three perspectives that facilitate a consideration of the minimally acceptable standard for animal experiments, in particular, in tissue engineering (TE) and regenerative medicine. First, we review the boundaries provided by law and public opinion in America and Europe. Second, we review contemporary moral theory to introduce the Neo-Rawlsian contractarian theory to objectively evaluate the ethics of animal experiments. Third, we introduce the importance of available reduction, replacement, and refinement strategies, which should be accounted for in moral decision-making and protocol evaluation of animal experiments. The three perspectives are integrated into an algorithmic and graphic harm-benefit analysis tool based on the most relevant aspects of animal models in TE. We conclude with a consideration of future avenues to improve animal experiments.

  15. [Scientific stealing (Plagiarism) in medical journals].

    Science.gov (United States)

    Enöz, Murat

    2007-01-01

    The obligation to publish academic papers in order to get academic rank has made medical doctors more ambitious to publish faster and more papers. According to the ethical and legal rules in our country and in the world, if an idea or technical methods of another person is used in a medical journal, the owner of the method or idea and its publication has to be cited. If an idea, information or a technical method of another scientist is published without citation as if it was one's own idea it's called "Plagiarism". Despite the prohibitive laws and rules, this scientific stealing has become an increasing problem for medical journals worldwide.

  16. Ethical and scientific issues of nanotechnology in the workplace Questões éticas e científicas sobre locais de trabalho com nanotecnologia

    Directory of Open Access Journals (Sweden)

    Paul A. Schulte

    2007-10-01

    Full Text Available In the absence of scientific clarity about the potential health effects of occupational exposure to nanoparticles, a need exists for guidance in decisionmaking about hazards, risks, and controls. An identification of the ethical issues involved may be useful to decision makers, particularly employers, workers, investors, and health authorities. Because the goal of occupational safety and health is the prevention of disease in workers, the situations that have ethical implications that most affect workers have been identified. These situations include the a identification and communication of hazards and risks by scientists, authorities, and employers; b workers' acceptance of risk; c selection and implementation of controls; d establishment of medical screening programs; and e investment in toxicologic and control research. The ethical issues involve the unbiased determination of hazards and risks, nonmaleficence (doing no harm, autonomy, justice, privacy, and promoting respect for persons. As the ethical issues are identified and explored, options for decision makers can be developed. Additionally, societal deliberations about workplace risks of nanotechnologies may be enhanced by special emphasis on small businesses and adoption of a global perspective.Na ausência de evidência quanto a potenciais efeitos da exposição a nanopartículas sobre a saúde ocupacional, existe necessidade de orientação para os gestores a respeito dos riscos, perigos e dos possíveis controles. A identificação de questões éticas envolvidas é útil, particularmente para empregadores, empregados, investidores e autoridades de saúde, uma vez que o sentido e a meta da segurança ocupacional e de saúde é a prevenção de doenças para os trabalhadores. Essa situação inclui: (a identificação e comunicação de riscos por cientistas, autoridades e empregadores; (b aceitação dos riscos por parte dos trabalhadores; (c seleção e implementação de controles

  17. Ethical and Scientific Issues Surrounding Solid Organ Transplantation in Hiv-Positive Patients: Absence of Evidence Is Not Evidence of Absence

    Directory of Open Access Journals (Sweden)

    Timothy Christie

    2006-01-01

    Full Text Available End-stage liver disease is emerging as a leading cause of death among HIV-positive patients. Historically, an HIV diagnosis was a contraindication for a liver transplant; however, because of the efficacy of highly active antiretroviral therapy (HAART, HIV-positive patients have one-year, two-year, and three-year post-transplantation survival rates similar to that of HIV-negative patients. Based on this evidence, HIV-positive patients are now considered eligible for transplantation. However, newly emerging guidelines include the stipulation that HIV-positive patients must be on HAART to be placed on a waiting list for transplantation. The purpose of the present paper is to evaluate the scientific and ethical probity of requiring HIV-positive patients to be on HAART as a condition for being on a liver transplant waiting list. It is argued that the emphasis should be placed on the probability of post-transplantation HAART tolerance, and that concerns about pretransplantation HAART tolerance are of secondary importance.

  18. The New World of Human Genetics: A dialogue between Practitioners & the General Public on Ethical, Legal & Social Implications of the Human Genome Project

    Energy Technology Data Exchange (ETDEWEB)

    Schofield, Amy

    2014-12-08

    The history and reasons for launching the Human Genome project and the current uses of genetic human material; Identifying and discussing the major issues stemming directly from genetic research and therapy-including genetic discrimination, medical/ person privacy, allocation of government resources and individual finances, and the effect on the way in which we perceive the value of human life; Discussing the sometimes hidden ethical, social and legislative implications of genetic research and therapy such as informed consent, screening and preservation of genetic materials, efficacy of medical procedures, the role of the government, and equal access to medical coverage.

  19. [Meta-legal paradigms of nanomedicine].

    Science.gov (United States)

    Pérez Alvarez, Salvador

    2012-01-01

    Nanomedicine is the Nanotechnology applied in the field of Medicine. Nanomedicine includes a wide range of technologies applied to devices, materials, medical procedures and treatment modalities are being developed, in some cases, through the convergence of living and nonliving materials. The developments in this scientific field are the prelude of a new era in health where Nanotechnology will provide, in a short period of time, substantial benefits for the general welfare and health of people with serious and incurable diseases using other more traditional medical treatments. This is, in brief, the object of this research that has been focused in the study of the ethical-legal paradigms that should inform the developments and expectations generated by medical applications of Nanotechnology.

  20. Dealing with scientific integrity issues: the Spanish experience.

    Science.gov (United States)

    Puigdomènech, Pere

    2014-02-01

    Integrity has been an important matter of concern for the scientific community as it affects the basis of its activities. Most countries having a significant scientific activity have dealt with this problem by different means, including drafting specific legal or soft law regulations and the appointment of stable or ad hoc committees that take care of these questions. This has also been the case in Spain. After the period of transition between dictatorship to a democratic regime, and, particularly, after the entrance in the European Union, scientific activity has increased in the country. As it could be expected, problems of misconduct have appeared and different institutions have been dealing with these matters. One of the best examples is that of Consejo Superior de Investigaciones Cientificas (CSIC), the largest institution devoted to scientific research belonging to the Spanish Government. The experience of the CSIC’s Ethics Committee in dealing with conflicts related to scientific practices is discussed here.