scholarly journals History of research involving mentally disabled persons - from exploitation through exclusion to appropriate inclusion

2018 ◽  
Vol 71 (9-10) ◽  
pp. 335-339
Author(s):  
Tea Dakic

Introduction. The inability to protect their own interests makes mentally disabled subjects particularly vulnerable; they face an increased likelihood of being wronged or harmed in the context of research. Therefore, they are due to having extra protection and safeguarding. History of research misconduct and abuse of mentally ill patients. The 20th century abounds with examples of ethically inadmissible experiments conducted on decisionally impaired patients. The most infamous among them are surely the atrocities of the Nazi doctors, whose fraudulent ex?periments resulted in death of hundreds of thousands of imprisoned innocent and mentally ill individuals. Current and previous regulations and recommendations on research involving the mentally ill. Extreme use of potentially vulnerable mentally ill persons in research has led to a set of policies and practices for protection from exploitation and abuse of human research participants. While the regulations initially protected these vulnerable patients by prohibiting research including the mentally disabled, current guidelines propose appropriate safe?guarding so that they may be involved in appropriate research. Conclusion. Protection measures for the mentally disabled persons who are unable to consent to their involvement in research, by banning all biomedical research including the mentally ill are restrictive and unnecessary. Even if well-intended, such overprotection is discriminatory and implies that new treatments for conditions that directly affect the incapacitated subjects will not be developed. Providing that they are properly protected from unnecessary harms, appropriate inclusion of vulnerable mentally ill patients in research is necessary in order to meet their health needs in a safe manner.

1981 ◽  
Vol 6 (4) ◽  
pp. 1079-1109 ◽  
Author(s):  
James W. Ellis

The standard of care to be applied in tort cases involving mentally disabled people has not been reconsidered in recent years. Traditional rationales for the “objective” standard are less persuasive in the context of current legal approaches to the rights of mentally ill and retarded persons. Analogies to children (especially the concept of “mental age”) and to physically handicapped adults merit reexamination.


Obiter ◽  
2015 ◽  
Vol 36 (2) ◽  
Author(s):  
Nina Mollema

The National Register for Sexual Offenders was created in accordance with Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. In terms of this Register, the names of all convicted and, in certain circumstances, alleged sex offenders who perpetrated a sexual offence against children or mentally-ill persons, before or after the coming into force of the Chapter, whether their convictions or alleged transgressions were committed in or outside the Republic, must be recorded in the Register. The purpose of the Register is to protect children and mentally-disabled persons against sexual offenders by establishing and maintaining a record of convicted and alleged sex offenders and informing employers, licensing authorities, and authorities dealing with fostering, kinship- and temporary safe care-giving, adoption or curatorship whether a person’s particulars appear on the register. Although the Register was implemented in 2009, it is still not functional and fraught with problems. These problems were already anticipated by the South African Law Reform Commission in 1997 who recommended against the establishment of such a register, yet the submission was ignored. It is not apparent that the Register is accomplishing its intended purpose. Not only is its proper functioning undermined by overbroad and vague provisions resulting in legal action being instituted, but resource and administrative challenges are also impeding its purpose. This note contextualises the Register and considers its current status as well as its future potential. It is argued that, despite atrocious sexual offences statistics in South Africa, the Register is not a panacea to remedy the situation, and more viable alternatives should be utilised.


Sign in / Sign up

Export Citation Format

Share Document