Accordingly, consent today is asked to do a lot of work: to serve to protect individual interests, to promote personal autonomy, to act as a foundation for trust, and to stand as a cornerstone for the research enterprise. Trust is self-evidently vital to the reputation of the researcher or institution involved, as well as to the future viability of all research involving human participants. Beyond this, consent is also frequently assumed to cement trust within the research relationship.
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4 Nevertheless, there can be little doubt that consent, and the signed forms that document this, now occupy talismanic status in a research culture that places central importance on protecting participants' autonomy and being seen to do so.
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3 In the context of health research, questions have also been raised about whether the importance of obtaining participant consent is emphasised at the expense of the pursuit of a legitimate public interest in generating research findings. 2 However, the presumption that consent is the only, or best, way to protect autonomy has been challenged. Seeking and obtaining informed consent for a medical or research intervention, the collection of tissue samples, or the use of samples and personal data in research has become the principal and ostensibly legitimate means by which patients and research participants are expected to understand risks and consequences of procedures and to determine whether they are prepared to submit to these. 1 This shift has led to a corollary emphasis on informed consent in both treatment and research settings. It is trite to observe that in recent decades, respect for the right to self-determination, or autonomy, has become the dominant ethical principle in bioethics. THE ROLE OF CONSENT FORMS IN HEALTH-RELATED RESEARCH A. The article concludes with recommendations to reconceive consent in these terms. Crucially, the limits of consent must be recognised in the design and governance of modern research practices. The consent form is merely a framing instrument and only the starting point for a partnership that will evolve over time. The aims of ethical research governance will be better served by seeing consent as continuing relational process, requiring on-going mutual respect, opportunity for communication, and accommodation of changing circumstances.
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We suggest that treating consent as a one-off event that can be effectively captured in a written document-as the law tends to do-is an inappropriate and counter-productive approach. However, we argue that in the governance of research relationships-which depend crucially on trust-resort to legal remedy may be undesirable. We suggest that the growing legal protection afforded to autonomy and judicial recognition of individual property rights in tissues may offer opportunities for remedies in law where the regulatory regimes controlling uses of human tissue and personal data do not. The paper demonstrates that, although the legal status of consent forms is not clear in the UK, the landscape is evolving. It identifies which rights participants might have by virtue of any consent form they have signed and which legal remedies might be available to them should the research depart from the terms of the original consent. Join US Legal Forms and get your New York Judicial Consent - Birth or Legal Parent Private-Placement example now.This article addresses the unresolved conundrum of the legal status of consent forms used in research involving tissue samples or personal data. Skilled attorneys work on drawing up our samples to ensure that after saving, you don't have to bother about editing content material outside of your personal information or your business’s information.
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