The ten points of
the Nuremberg Code
The 10 points are,
(all from United States National Institutes of Health) [2]
The voluntary consent of the human
subject is absolutely essential.
This means that the person involved should have legal capacity to give
consent; should be so situated as to be able to exercise free power of choice,
without the intervention of any element of force, fraud, deceit, duress,
over-reaching, or other ulterior form of constraint or coercion; and should
have sufficient knowledge and comprehension of the elements of the subject
matter involved as to enable him/her to make an understanding and enlightened
decision. This latter element requires that before the acceptance of an
affirmative decision by the experimental subject there should be made known to
him the nature, duration, and purpose of the experiment; the method and means
by which it is to be conducted; all inconveniences and hazards reasonable to be
expected; and the effects upon his health or person which may possibly come
from his participation in the experiment. The duty and responsibility for
ascertaining the quality of the consent rests upon each individual who
initiates, directs or engages in the experiment. It is a personal duty and
responsibility which may not be delegated to another with impunity.
The experiment should be such as to yield
fruitful results for the good of society, unprocurable by other methods or
means of study, and not random
and unnecessary in nature.
The experiment should be so designed and based
on the results of animal
experimentation and a knowledge of the natural history of the
disease or other problem under study that the anticipated results will justify
the performance of the experiment.
The experiment should be so conducted as to
avoid all unnecessary physical
and mental suffering and
injury.
No experiment should be conducted where there
is a prior reason to believe that death or disabling injury will occur; except,
perhaps, in those experiments where the experimental physicians also serve as
subjects.
The degree of risk to be taken should never
exceed that determined by the humanitarian importance of
the problem to be solved by the experiment.
Proper preparations should be made and adequate
facilities provided to protect the experimental subject against even remote
possibilities of injury, disability, or death.
The experiment should be conducted only by
scientifically qualified persons. The highest degree of skill and care should
be required through all stages of the experiment of those who conduct or engage
in the experiment.
During the course of the experiment the human
subject should be at liberty
to bring the experiment to an end if he has reached the physical or mental
state where continuation of the experiment seems to him to be impossible.
During the course of the experiment the
scientist in charge must be prepared to terminate the experiment at any stage,
if he has probable cause
to believe, in the exercise of the good faith, superior skill and careful judgment required of him
that a continuation of the experiment is likely to result in injury, disability, or death to the experimental
subject.
Reprinted from Trials
of War Criminals before the Nuremberg Military Tribunals under Control Council
Law No. 10, Vol. 2, pp. 181–182. Washington, D.C.: U.S. Government
Printing Office, 1949. Note that complete electronic copies of the Trials of
War Criminals Before the Nuernberg [Nuremberg] Military Tribunals Under Control
Council Law No. 10 [3]
are available online, as are most of the other proceedings from the Nuremberg
Trials.[The
ten points of the Nuremberg Code
The 10 points are,
(all from United States National Institutes of Health) [2]
The voluntary consent of the human
subject is absolutely essential.
This means that the person involved should have legal capacity to give
consent; should be so situated as to be able to exercise free power of choice,
without the intervention of any element of force, fraud, deceit, duress, over-reaching,
or other ulterior form of constraint or coercion; and should have sufficient
knowledge and comprehension of the elements of the subject matter involved as
to enable him/her to make an understanding and enlightened decision. This
latter element requires that before the acceptance of an affirmative decision
by the experimental subject there should be made known to him the nature,
duration, and purpose of the experiment; the method and means by which it is to
be conducted; all inconveniences and hazards reasonable to be expected; and the
effects upon his health or person which may possibly come from his
participation in the experiment. The duty and responsibility for ascertaining
the quality of the consent rests upon each individual who initiates, directs or
engages in the experiment. It is a personal duty and responsibility which may
not be delegated to another with impunity.
The experiment should be such as to yield
fruitful results for the good of society, unprocurable by other methods or
means of study, and not random
and unnecessary in nature.
The experiment should be so designed and based
on the results of animal experimentation
and a knowledge of the natural history of the disease or other problem under
study that the anticipated results will justify the performance of the
experiment.
The experiment should be so conducted as to
avoid all unnecessary physical
and mental suffering and
injury.
No experiment should be conducted where there
is a prior reason to believe that death or disabling injury will occur; except,
perhaps, in those experiments where the experimental physicians also serve as
subjects.
The degree of risk to be taken should never
exceed that determined by the humanitarian importance of
the problem to be solved by the experiment.
Proper preparations should be made and adequate
facilities provided to protect the experimental subject against even remote
possibilities of injury, disability, or death.
The experiment should be conducted only by
scientifically qualified persons. The highest degree of skill and care should
be required through all stages of the experiment of those who conduct or engage
in the experiment.
During the course of the experiment the human
subject should be at liberty
to bring the experiment to an end if he has reached the physical or mental
state where continuation of the experiment seems to him to be impossible.
During the course of the experiment the
scientist in charge must be prepared to terminate the experiment at any stage,
if he has probable cause
to believe, in the exercise of the good faith, superior skill and careful judgment required of him
that a continuation of the experiment is likely to result in injury, disability, or death to the experimental
subject.
Reprinted from Trials of War Criminals
before the Nuremberg Military Tribunals under Control Council Law No. 10, Vol.
2, pp. 181–182. Washington, D.C.: U.S. Government Printing Office,
1949. Note that complete electronic copies of the Trials of War Criminals
Before the Nuernberg [Nuremberg] Military Tribunals Under Control Council Law
No. 10 [3]
are available online, as are most of the other proceedings from the Nuremberg
Trials.[
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