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- Title
The principle of the best interests versus the wellbeing of the child in biomedical research.
- Authors
Elías Méndez, Cristina
- Abstract
The singularity of biomedical research on children requires specific criteria that cater to the delicate interests in play. Quality research can be regarded as a fundamental right and is also an indispensable tool for human, medical and scientific progress. Research on children is also necessary and advisable in order to be able to attend to their specific needs, but it requires additional guarantees which should be applied to the assessment of research. This paper analyzes the main issues related to the binding principle of best interests of the child in the field of biomedical research, and contends that it can be useful for biomedical research decisions on children, though not in its absolute interpretation which holds that the best interests of the child should prevail over any other, but rather in an interpretation geared more towards the child's wellbeing (Kindeswohl), seeking the conscientious protection of under-age children. Only such an interpretation could permit research which does not benefit the child, provided that the burden and risk were minimal. According to this, the author proposes the term "wellbeing of the child" to replace the concept of the best interests of the child in the pertinent legislation.
- Subjects
BIOLOGICAL research; CHILD research; DECISION making; WELL-being; MINORS
- Publication
Revista de Derecho y Genoma Humano, 2018, Issue 48, p31
- ISSN
1134-7198
- Publication type
Article
- DOI
10.14679/1102