Explain What a Legal Framework Is and What an Ethical Framework Is
To address the need for global harmonization, we propose a collaborative and interdisciplinary approach by establishing a working group that includes researchers, patient advocates, IT professionals and legal experts from different geographic regions. This requires the commitment of all relevant stakeholders. The first step will be another detailed description of the current regulatory landscape, ideally with representations from all regions. This will allow the creation of a library of common and different terms that will identify areas that urgently need to be harmonized. Through this work, it has become clear that all regions share the desire to adequately protect the rights of individuals in DSEs, and that the differences described in this manuscript lie in the interpretation of data protection and its definition. An important step will be to agree on a glossary of standardized terms and definitions. Second, guidance on the principles of responsible exchange of data and samples should be agreed and published, allowing governments and regulators to compare and harmonise national rules and laws. It will be difficult to strike a balance between a subject`s right to privacy and the public interest in promoting medical research in a way that would be broadly acceptable, as existing conflicts between current data repository filing requirements in research repositories and the GDPR already expect [51]. The work of other groups, such as the Global Initiative for the Ethical Use of Human Specimens (GIFT), which has developed a number of recommendations to standardize informed consent, should also be taken into account at this stage [52]. As this example shows, people take a stand and make decisions in different frameworks, and although these frameworks overlap, they are not always perfectly aligned. The legal framework establishes laws that govern conduct, while the ethical framework contains a set of norms and rules that govern the conduct of individuals within groups or professions. If the company decides not to hire smokers, it would essentially interfere with the individual`s right to engage in legal activity.
If the company requires employees to smoke, what else can they decide for employees? The National Institute of Health reports that the total national cost of overweight and obesity combined was $113.9 billion. Does the company set body mass index (BMI) limits for potential employees to reduce the cost of medical care for obesity-related diseases? As you can see, such decisions are complex – and some would say a slippery slope. Ethics: What is moral is what flows from absolute moral duties. The ethical norm is based primarily on individuals and then on the societal level. No one can impose ethics on anyone, but it comes from introspection. The following graph aims to highlight the main contrasts between the three frameworks: in Uganda, Switzerland and the United Kingdom, the waiver of informed consent by the ethics committee and the competent regulatory authority is allowed in situations where it is problematic or difficult to obtain consent, or where the public interest in the research outweighs the interests of the subjects [21, 37, 44, 45]. In the United Kingdom, additional authorisation from a health authority is required in these cases [44]. In Sweden, research can be conducted without informed consent if a weakened state of health prevents the subject from expressing an opinion. A consultation with the patient`s closest relatives and a guardian or other legal representative should be given. However, approval of a power of attorney is not required, because in this country only the research subject (if > is 18 years old) can give consent [46]. Mandatory: When we say something is ethically “mandatory,” we mean that it`s not only right to do it, but it`s wrong not to do it. In other words, we have an ethical obligation to perform the action.
Sometimes the easiest way to see if an action is ethically mandatory is to look at what it would mean not to perform the action. For example, we could say that it is ethically mandatory for parents to take care of their children, not only because it is right for them to do so, but also because it is wrong if they do not. Children would suffer and die if parents did not take care of them. Parents are therefore ethically “obliged” to take care of their children. Setting up frameworksThanks to the situation or choice you face in any of the ways listed above, some features are highlighted more clearly. However, it should be noted that each frame has its limitations: if we focus our attention on a number of functions, other important functions can be hidden. Therefore, it is important to become familiar with the three frameworks and understand how they relate to each other – where they can overlap and where they can differ. Values are sometimes not always taught, if children get what they see, for example, if a child has seen his father kill people or engage in burglary to make a living, then the child will not be afraid to kill someone for him, it will be normal and fair. The duty-based approach, sometimes called deontological ethics, is most often associated with the philosopher Immanuel Kant (1724-1804), although it had important precursors in earlier, often explicitly religious, non-conquentialists, such as St. Augustine of Hippo (354-430), who saw the importance of personal will and intention (and Almighty God seeing this inner state of mind) for the taking of ethical decisions. Kant argued that doing what is right is not about the consequences of our actions (something over which we ultimately have no control), but about having the good intention to accomplish the action. The ethical act is an act that is removed from duty, that is, it is done precisely because it is our duty to carry out the action.
Ethical obligations are the same for all rational creatures (they are universal), and knowledge of what these obligations entail is obtained through the discovery of rules of conduct that reason does not contradict. Non-compliance with the laws is described as “illegal”. Being illegal or doing something illegal can put the person behind bars or a fine can be charged. Kant`s famous formula for discovering our ethical duty is known as the “categorical imperative.” He has a number of different versions, but Kant believed that they all boiled down to the same imperative. .
