PDF Download
PubReader
Export Citation
Email the Author
Share Facebook
Share Twitter
Cited by 0 Article
Metrics (View:2,943)- Legal Issues Concerning the Competence of Minors in Clinical Investigation
QR Code of this Article:
Related Articles
Ethical Principles for Consent in Human Subject Research: A Focus on Research Involving Vulnerable People and the Disabled*
Korean J Med Ethics 2018;21(3):262-277.
The Implications of Care Ethics in Research Involving Vulnerable Subjects: Obtaining Informed Consent*,**
Korean J Med Ethics 2017;20(4):445-464.
The Neuroethics of Informed Consent*
Korean J Med Ethics 2013;16(1):1-10.
Informed Consent and the Decision-Making Competence of Minores
Korean J Med Ethics 2005;8(2):155-170.
The Standard to Measure Patient;s Decision-Making competence in informed Consent
Korean J Med Ethics 2005;8(1):44-59.
임상시험 법률관계에서 미성년자 동의능력의 문제*
Published Online: Jun 30, 2009
ABSTRACT
This article examines some of the legal issues associated with consent and the competence of minors. A study was designed to evaluate the self-decisions of competent minors who are regarded as vulnerable subjects. The study begins with the Grimes Case (Grimes versus Kennedy Krieger Institute, Inc., 2001), which has established some special relationship between research institutes and human subjects. Since minors do not have the legal competence to complete a contract without the consent of their parents there is a conflict between the consent of parents as guardians and that of minors as self-decision makers. This article argues that the self-decisions of competent minors should take precedence over parental rights and that the authority of parents should be restricted. The article discusses the role of IRBs in protecting the consent of the competent minors.