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7. ETHICAL ISSUES IN NEUROSCIENCE RESEARCH ON SUBSTANCE DEPENDENCE TREATMENT AND PREVENTION




                     maleficence requires researchers to minimize the risks associated with
                     participation in research (Brody, 1998; Beauchamp & Childress, 2001).


                     iii. Beneficence
                     Beauchamp and Childress have identified “positive beneficence” and “utility”
                     as two elements of the principle of beneficence (Beauchamp & Childress,
                     2001). Positive beneficence requires people to perform actions that result in
                     benefit. Utility requires that the benefits of peoples’ actions outweigh the
                     burdens they impose upon others. The principle of beneficence therefore
                     requires that an action produces benefits and that its benefits outweigh its
                     burdens. In the context of biomedical research, this means that the benefits
                     of the research to society should outweigh its risks to participants.

                     iv. Distributive justice
                     Justice is probably the most controversial of the four moral principles. For
                     the purpose of this discussion, “justice” refers to “distributive justice” rather
                     than retributive (criminal) or rectificatory (compensatory) justice (Beauchamp
                     & Childress, 2001). In bioethics, the principle of distributive justice has been
                     central to debates about how to ensure equitable access to health care and to
                     reduce unequal health outcomes. In the case of research, the principle of
                     distributive justice refers to the equitable distribution of the risks, as well as
                     the benefits of research participation (Brody, 1998). A fair and just research
                     policy would aim to achieve a distribution of the benefits and burdens of
                     research participation that is as fair and equitable as possible.


                     Human rights
                     In 1948 the Universal Declaration of Human Rights (UDHR) set out an
                     international set of human rights that would be honoured by all nations which
                     signed the declaration (United Nations General Assembly, 10 December,
                     1948). The UDHR recognised that all people have rights by virtue of being
                     human and that these were universal in the sense of applying equally to all
                     people around the world, regardless of who they are or where they live
                     (International Federation of Red Cross and Red Crescent Societies and
                     François-Xavier Bagnoud Center for Health and Human Rights, 1999; Mann
                     et al., 1999). The UDHR enjoined nations to treat all people as equal and to
                     promote and protect the right to life, liberty and security of person. It included
                     “negative rights” such as the rights not to be enslaved or in servitude, not be
                     to be tortured or subject to cruel, inhuman and degrading treatment or
                     punishment. It also obliged signatory states to afford people equal treatment
                     before the law and the equal protection of the law, without discrimination,
                     by requiring that everyone charged with a penal offence should be presumed
                     innocent until proved guilty (UDHR, 1948, article 11).


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