other examples, see British Medical Association *2001)TheMedicalProfession&Human
Rights: Handbook for a changing agenda,Chapter 9, Zed Books, London.
- Harris, J. 2000) Research on human subjects, exploitation, and global principles of
ethics. InLaw and Medicine: Current Issues,eds M. Freeman & A. Lewis) Vol. 3,
Oxford University Press, Oxford.
- Royal College of Physicians *1996)Guidelines on the Practice of Ethics Committees in
Medical Research Involving Human Subjects,3rd edn, Royal College of Physicians,
London.
- Royal College of Nursing *1993)Ethics Related to Research in Nursing,Scutari Press,
Harrow.
- Department of Health *1991)Guidelines to Local Research Ethics Committees,The
Stationery Office, London.
- See Chapter V of the Convention for the articles governing scientific research. The full
text of the Convention is available at http://www.coe.fr/eng/legaltxt/164e.htm *last
visited 17 April 2001).
18.Consent in the Criminal Law,Law Commission Consultation Paper No. 139, paras.
8.38±8.52. The Stationery Office, London.
- Brazier, M. *1992)Medicine, Patients and the Law,2nd edn, p. 413. Penguin,
Harmondsworth.
- Miller, C. *1995) Protection of human subjects of research in Canada.Health Law
Review4, 8.
- Berg, J.W. *1996) Legal and ethical complexities of consent with cognitively impaired
research subjects: proposed guidelines.Journal of Law, Medicine and Ethics,24, 18.
- UKCC for Nursing, Midwifery and Health Visiting *1996)Guidelines for Professional
Practice,para. 91.
- McNeil, P. *1993)The Ethics and Politics of Human Experimentation,Chapter 1. CUP,
Cambridge.
- See Kennedy, I. 1989) The law and ethics of informed consent and randomized
controlled trials. In I. Kennedy)Treat Me Right,OUP, Oxford. Moreover, as discussed
in Chapter 7A, even in the context of medical treatment, theSidawaystandard of
disclosure seems to have been modified by subsequent cases to require much fuller
answers to questions.
- In 1965 the Saskatchewan Court of Appeal held that the subject should be informed of
`all the facts, probabilities and opinions which a reasonable man might be expected to
consider before giving his consent'. SeeHaluskav.University of Saskatchewan*1965)
53 DLR 2d, 436, 444 per Mr Justice Hall.
- See Montgomery, J. 1997)Health Care Law,pp. 343±5, OUP, Oxford; McHale, J. &
Fox, M. with Murphy, J. 1997)Health Care Law: Text and Materials,pp. 574±5. Sweet
&Maxwell, London.
- For instance, Beecher has argued that the subject's truly informed consent cannot be
obtained since the results of experiments are not known beforehand, so that there is
no norm for the conduct of a `pure scientific experiment' ± see Beecher, H. *1970)
Research and the Individual: Human Studies5.
- Bassiouni, M., Baffes, T. & Evrard, J. 1981) An appraisal of human experimentation
in international law and practice: The need for international regulation of human
experimentation.The Journal of Criminal Law and Criminology, 72 1597) 1611±2.
- Tobias, J.S. 1997) BMJ's present policy sometimes approving research in which
patients have not given fully informed consent) is wholly correct.BMJ,314, 1111.
- McNeil, P. *1993)The Ethics and Politics of Human Experimentation,p.135. CUP,
Cambridge.
- Medicines Exemption from Licences) Clinical Trials) Order 1995 *S I1995/2808).
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