Section OverviewBefore continuing, you should: : : Read the Section Summary |
This section examines when the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (TCPS) should be applied, and reviews the goals and rationale of the policy. It defines the guiding ethical principles of the TCPS. It discusses the way these principles are applied in practice, and introduces the relationship between the TCPS and the law. Case studies help you apply this information. You can check your progress at the end of the section.
By the end of this section, you should be able to:
Ethics Context |
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: : Origins The modern history of research ethics began in the aftermath of World War II. In 1947, the Nuremberg Military Tribunals condemned the experiments performed by Nazi researchers on prison camp inmates during World War II as "crimes against humanity." A section of the judges' verdict became known as the Nuremberg Code. The Nuremberg Code brought the issue of human experimentation to the forefront of public debate and influenced a series of international documents created to ensure that all countries respect adequate standards of human dignity. These documents include the Universal Declaration of Human Rights (1948), the Declaration of Helsinki (first adopted by the World Medical Association in 1964, and regularly amended), the International Covenant on Civil and Political Rights (1966), and the Belmont Report (1979). Despite the Nuremberg Code and other human rights protections in place at the time, some research undertaken after World War II, such as the Tuskegee Syphilis Study and the Willowbrook Studies, raised ethical concerns. Controversial research put at risk the trust relationships between research subjects and researchers, research sponsors, institutions, their professional bodies, and society. As a consequence, research ethics guidelines, codes and regulations were further developed in many countries, including Canada. In the 1970s, the Medical Research Council of Canada (MRC) (Canadian Institutes of Health Research [CIHR] as of 2000) and the Canada Council developed guidelines for research involving human subjects. In 1978, when the Social Sciences and Humanities Research Council was created, they adopted the Canada Council Guidelines. In 1987, the MRC revised its guidelines and, in 1990, produced Guidelines on Somatic Cell Gene Therapy. The Canadian guidelines were influenced by international codes of ethics, as well as professional association codes of ethics. Canada began the practice of formulating official research ethics policies as funding agency guidelines. Given that the Natural Sciences and Engineering Research Council (NSERC) did not have its own guidelines, research involving humans funded by NSERC was subject to either SSHRC or MRC guidelines (whichever was most appropriate). In 1998, MRC, SSHRC and NSERC jointly published the TCPS as a single Canadian standard to replace their previous guidelines. The agencies have committed to keeping it a living or "evolving" document in order to respond to new developments and identified gaps. Unfortunately, ethical controversies in research involving humans have not ceased. Most unethical behaviour results from a lack of awareness of ethical concerns and/or various pressures on researchers, Research Ethics Boards (REBs), and institutions. The insights gained from historical and more recent ethical controversies demonstrate why vigilant ethics review is necessary and appropriate. Research ethics policy must continue to evolve to protect research subjects and maintain trust between researchers and society as a whole. Protection of research subjects is a central concern for Canada. Key to an effective ethics review system are mechanisms for education and training for all people involved in research. Education in research ethics engenders public trust in institutions, researchers and the research process. Education also promotes a culture of research ethics.
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The TCPS is a joint policy of the Canadian Institutes of Health Research (CIHR), the Natural Sciences and Engineering Research Council (NSERC), and the Social Sciences and Humanities Research Council (SSHRC). It describes principles, standards and procedures for governing research involving humans. The TCPS applies to all research involving humans affiliated with, and undertaken by members of, research institutions administering funds awarded by any of the three federal granting agencies (CIHR, NSERC and SSHRC). Other organizations have also adopted the TCPS.
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The TCPS:
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: : Ethical Principles
: : Application of Ethical Principles
The ethical principles, standards and procedures of the TCPS are intended to ensure respect for human dignity. This requires that the welfare and integrity of the individual be of primary concern during the research process and that people not be treated as objects. Research involving human subjects must use morally acceptable methods and result in ethically acceptable consequences.
The principles that follow are based on the guidelines of the agencies over the last decades, on more recent statements by other Canadian agencies, and on statements from the international community.
Respect for human dignity forms the basis of seven ethical principles in research:
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The ethical principles, standards and procedures of the TCPS are applied to research projects by the researcher(s). The REB reviews the proposed research project. Ethical principles, standards and procedures cannot be applied in set ways, especially in light of diversity among research disciplines. Although the principles and standards are fundamental in nature, their application depends on the context of the research and the ethical norms and practices of the relevant research discipline. Thus, the REB has some flexibility in the implementation of the policy. However, in order to maintain the integrity of the TCPS guiding ethical principles, those proposing an exception must give an acceptable justification for the proposed course of action.
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The law may influence the conduct of research, particularly in relation to competence to provide free and informed consent, privacy and confidentiality. Various aspects of research may be governed by specific laws such as the Canadian Charter of Rights and Freedoms. In most instances, the TCPS will alert REBs and researchers to points where reference to legislation is required, in order to guide application of a standard or procedure.
The legal context for research involving humans is complex and constantly evolving. For this reason, REBs that review biomedical research are required to have a member knowledgeable in the relevant law. Non-biomedical REBs are advised to include one member with legal knowledge. The member knowledgeable in law alerts the REB to legal issues and their implications. He or she does not provide legal opinions.
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These case studies help you apply the information you have read in this section. Following each case study you will see questions, plus a list of resources to help you answer them. Once you have answered the questions, read the commentary.
You may choose to read one or all of the case studies, or proceed directly to the Progress Check.
: : Case Study 1 - Evacuation From
an Office Building Fire
: : Case Study 2 - Language Choice
of Chinese/English Speakers
: : Case Study 3 - Treatment of Hypertension:
An Open-Label Phase II
Clinical
Trial
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Questions |
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: Tri-Council Policy Statement |
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a. Under what circumstances would the TCPS apply to this research? The researcher's privilege to conduct research involving human subjects is accompanied by a responsibility to apply contemporary research ethics standards. The TCPS provides the Canadian ethical standards for the conduct of research involving humans. All Canadian researchers or researchers conducting research in Canada should apply it. Researchers must apply the TCPS if they are:
b. Which guiding ethical principles might apply to this research? Respect for human dignity, respect for free and informed consent, respect for privacy and confidentiality, respect for justice and inclusiveness, balancing harms and benefits, minimizing harm, and maximizing benefit are all applicable. Whether this research will involve vulnerable persons (i.e., individuals with diminished competence and/or decision-making capacity) is not clear. It is possible that some of the survivors of the fire might be unable to provide free and informed consent because of physical injuries or emotional trauma sustained in the fire. If vulnerable persons are among the potential research subjects, the ethical principles of respect for vulnerable persons and aspects of respect for justice and inclusiveness must also apply.
c. How might the perspective of the subject be taken into account
in Potential research subjects might be involved in the design of the research procedure and questionnaire, perhaps through participation in a focus group. Such a focus group would itself constitute a research project, and would require ethics review. The researchers should strive to anticipate and understand how
a written questionnaire about such a traumatic event might affect
research subjects. If this questionnaire has not been used in similar
research and its potential impact on subjects is unknown, the researchers
might conduct a pilot test of the questionnaire, in consultation
with mental health workers, to learn about subjects' responses to
it. Again, this would constitute a research project and would require
ethics review. |
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: Case Study 2 - Language Choice of Chinese/English Speakers |
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Questions |
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: Tri-Council Policy Statement |
a. Under what circumstances would the TCPS apply to this research? The researcher's privilege to conduct research involving human subjects is accompanied by a responsibility to apply contemporary research ethics standards. The TCPS provides the Canadian ethical standards for the conduct of research involving humans. All Canadian researchers or researchers conducting research in Canada should apply it. Researchers must apply with the TCPS if they are:
b. Which guiding ethical principles might apply to this research? Respect for human dignity, respect for free and informed consent, respect for privacy and confidentiality, respect for justice and inclusiveness, balancing harms and benefits, minimizing harm, and maximizing benefit are all applicable. This research may also involve vulnerable persons, such as family members who are children or family members who are not able to consent for themselves. If vulnerable persons are among the potential research subjects, the ethical principles of respect for vulnerable persons and aspects of respect for justice and inclusiveness may also apply. However, because these ethical principles are the product of Western culture, care should be taken in their application to research involving subjects from other cultures. For example, respecting the exercise of individual consent is inconsistent with the importance some cultures give to family or community decision-making. Similarly, rights to privacy and confidentiality may be less applicable. But, because the research subjects in this study lived in Hong Kong during the time the country was a British protectorate and have lived in Canada for a number of years, some subjects will probably have adopted Western ethical principles to some degree. Thus, the relevance of these ethical principles to a family or an individual may be difficult to predict.
c. How might the perspective of the subject be taken into account
in Researchers should ask the perspective of each family and each individual concerning the application of ethical principles. Potential research subjects might be involved in the design of the research procedure and during data interpretation, and may review manuscripts prior to their dissemination. The researchers should strive to anticipate and understand the families' reaction to being observed and audio taped, as well as the impact this might have on the individual research subjects and each family. |
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: Case Study 1 - Evacuation From an Office Building Fire |
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Questions |
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: Tri-Council Policy Statement |
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a. Under what circumstances would the TCPS apply to this research? The researcher's privilege to conduct research involving human subjects is accompanied by a responsibility to comply with contemporary research ethics standards. The TCPS provides the Canadian ethical standards for the conduct of research involving humans. All Canadian researchers or researchers conducting research in Canada should apply the TCPS. Researchers must apply the TCPS if they are:
b. Which guiding ethical principles might apply to this research? Respect for human dignity, respect for free and informed consent, respect for privacy and confidentiality, respect for justice and inclusiveness, balancing harms and benefits, minimizing harm, and maximizing benefit are all applicable. Due to a more-than-minimal risk of harm, vulnerable patients (i.e., individuals with diminished competence and/or decision-making capacity) would not be included, because the study can be conducted without their inclusion.
c. How might the perspective of the subject be taken into account
in The researchers should strive to anticipate the subject's reaction
to the need for daily monitoring involved in this study. The patients
could find this schedule inconvenient or experience potential anxiety
from the increased awareness of their condition. The researchers
should consider the accessibility of the blood pressure clinic,
as well as the education level of subjects who are asked to use
the blood pressure monitoring equipment and to keep a daily diary. |
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: Case Study 1 - Evacuation From an Office Building Fire |