Historical Context: War Crimes to First Principles
The historical context of the EPA human experimentation scandal begins with the horrific human experiments conducted by the Nazis during World War II.These experiments included the secret administration of poisons to Buchenwald prisoners to see what would happen.
Twenty three Nazi doctors were subsequently tried by the Nuremberg war crimes tribunal in what is known as the Doctors’ Trial. Among other crimes, the defendants were charged with performing medical experiments, without the subjects’ consent.
Sixteen of the doctors were convicted of crimes against humanity. Of the convicted, seven were executed and the rest imprisoned. Among those executed was the chief doctor at Buchenwald.
As part of the verdict in the Doctor’s Trial, the Nuremberg tribunal espoused its views on human experimentation. These views became known as the Nuremberg Code and they became the first generally accepted set of principles governing human experimentation.
The 10 points of the Nuremberg Code are:
Voluntary and Informed Consent. 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.
Beneficial and necessary.
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