Health and Human Rights
Volume 20, Issue 2, December 2018
https://www.hhrjournal.org/volume-20-issue-2-december-2018/
Issue 20.2 features a special section: Special Section on Human Rights and the Social Determinants of Health and a General Papers section
General Papers
Human Subject Research: International and Regional Human Rights Standards
Andrés Constantin
Abstract
This article will place the discussion of human subject research within the larger context of human rights law, both at the international and regional level, and examine existing normative human rights frameworks that can be used to protect research subjects. The traditional approach has commonly focused on the ethical aspects of human subject research and little has been said about the implications of human experimentation on the enjoyment of basic rights. The difference between ethical principles and human rights is clearly determined by the
non-enforceability of ethical norms and the legally binding nature of human rights obligations. A human rights approach to bioethics, and particularly to human subject research, can bring about a defined system and universally accepted set of rules in a field where sociocultural and religious diversity come into play.