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The Intersection Of Human Rights Law And Medical Research Ethics: Governing The Participation Of Minoritized Ethnic Groups In Medical Research




Sadhika Gupta, LLB, Durham University


ABSTRACT


This essay explores how clinical research impacts Minoritized Ethnic Groups (MEGs) in the UK, analysing medical ethics alongside human rights. While research benefits are only fully realized when studies are inclusive, MEGs often face barriers like lack of tailored guidelines and consent issues due to language and cultural differences. Ethical frameworks based on Beauchamp and Childress's principles of autonomy, non-maleficence, beneficence, and justice lay foundations for responsible research, yet often overlook MEG- specific challenges.


The essay critiques existing UK regulations like the Medicines for Human Use (Clinical Trials) Regulations 2004, which, despite setting ethical standards, lack provisions to protect MEGs. Historical cases, including the Tuskegee Syphilis Study and Coventry Chapatti case, reveal how systemic racism has denied people of colour agency in medical trials, undermining their rights and safety.


It emphasizes the Human Rights Act’s relevance, particularly Articles 2 (right to life) and 8 (right to privacy), and how MEGs' limited inclusion in research violates these rights. The dissertation calls for reforms, advocating for inclusive ethics committees, clear communication to build trust, and legal protections to mandate MEG representation, creating a fairer research environment and addressing deep-rooted inequities.

Commentaires


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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