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Nov. 13, 1997, “Fifty Years Later: The Significance of the Nuremberg Code,” New England Journal of Medicine, Evelyne Shuster, PhD
“Medical Ethics and Human Rights…
“Informed consent, the core of the Nuremberg Code, has rightly been viewed as the protection of subjects’ human rights. The key contribution of Nuremberg was to merge Hippocratic ethics and the protection of human rights into a single code….
50 years after Nuremberg
“The Nuremberg Code has not been officially adopted in its entirety as law by any nation or as ethics by any major medical association. Nonetheless, its influence on global human-rights law and medical ethics has been profound.6 Its basic requirement of informed consent, for example, has been universally accepted and is articulated in international law in Article 7 of the United Nations International Covenant on Civil and Political Rights (1966).6,22 Informed consent, with specific reliance on the Nuremberg Code, is also the basis of the International Ethical Guidelines for Biomedical Research Involving Human Subjects, the most recent guidelines promulgated by the World Health Organization and the Council for International Organizations of Medical Sciences (1993).23
The World Medical Association, established during World War II, has been accused of purposely trying to undermine Nuremberg in order to distance physicians from Nazi medical crimes.24 The election of a former Nazi physician and SS member, Hans-Joachim Sewering, to the presidency of that organization in 1992 added credibility to that accusation.24 (Because of public criticism, Sewering later withdrew.) Nonetheless, the various versions of the Declaration of Helsinki promulgated by the World Medical Association since 1964, although attempting to have peer review supplement informed consent and even supplant it as their central principle in the context of “therapeutic research,” all implicitly acknowledge Nuremberg’s authority.Both the Nuremberg Code and the Declaration of Helsinki served as models for the current U.S. federal research regulations, which require not only the informed consent of the research subject (with proxy consent sometimes acceptable, as for young children), but also prior peer review of research protocols by a committee (the institutional review board of the hospital or research institution) that includes a representative of the community.25…
By adopting a human-rights perspective that acknowledges the centrality of informed consent and the right of the subject to withdraw, the Nuremberg Code has changed forever the way both physicians and the public view the proper conduct of medical research on human subjects. Fifty years after Nuremberg, we recognize the human-rights legacy of the Nuremberg Code and are better able to face the critical challenge of applying the Code in its entirety and enforcing its human-rights provisions.”
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Oct. 19, 2005, “Universal Declaration on Bioethics and Human Rights,” portal.unesco.org, “Office of International Standards and Legal Affairs”
“Article 6 – Consent
1. Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be express and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice….
In no case should a collective community agreement or the consent of a community leader or other authority substitute for an individual’s informed consent.”…
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Added:
“The Universal Declaration on Bioethics and Human Rights developed international standards regarding the right to informed consent to preventative medical procedures like vaccination....The Declaration states that individuals have the human right to consent to any preventative medical intervention like vaccination….Vaccines are not magic. We all have different susceptibility to disease.”...March 29, 2020, Kevin Berry
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