Informed Consent of a Person Involved in a Medical Experiment (Historical and Legal Aspect)

Abstract

The paper examines the features of the international law regulation of biomedical research involving humans. Special attention is paid to the Nuremberg Code of 1947, the Geneva Conventions of 1949 and the Additional Protocol of 1977, the Helsinki Declaration of 1964. These international documents reflected the gradual formation of principles that ensure the rights of the participants. It is noted that inhuman experiments on people, the grossest violation of the absolute human right to protection from torture, cruel, degrading treatment and punishment became the subject of universal consideration after World War II and became the basis for the appearance in international documents of the concept of «voluntary consent of a person involved in a medical experiment.» The author concludes that the legal regulation of biomedical research involving humans has passed a long period of formation and continues its development. The latest judicial practice indicates that conducting illegal experiments on people remains a socially significant problem. Moreover, in view of scientific and technological progress, which has now reached unprecedented heights and opportunities, the improvement of mechanisms for the protection of human rights in the field of biomedical research is becoming particularly relevant.