{"title":"Deference in the public health context.","authors":"Jacob Shelley","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"15 1","pages":"33-6"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26484918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Breaking the trance? Enabling dissenting views on immortalism.","authors":"Greg McMullen","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"15 1","pages":"47-9"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26430173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The analysis of Parliamentary debates provides the opportunity to assess the political context of Canadian legislation, particularly in controversial areas such as stem cell research. Parliamentary debates surrounding the recent Assisted Human Reproduction Act, (1) which lasted nearly a decade, were dominated by religious conservatives. At the forefront of the debate were issues such as the moral status of the embryo and the regulation of somatic cell nuclear transfer (SCNT). The resulting restrictive statutory provisions that ban SCNT ultimately arose from a convergence of rhetoric on dignity and the moral status of the embryo, and the resultant promotion of adult stem cell research. Approach We qualitatively analyzed the Canadian Hansard debates concerning stem cell policy from 1994 to 2004 by assigning codes to full text databases. (2) While the majority of the debates related to ethical issues, we focused on descriptions of scientific research by politicians, references to scientific progress, both proven and speculative, economic arguments, references to media coverage and direct quotes from scientific and other experts because the media and experts are major sources of information for politicians. The Parliamentary Debates Descriptions of Scientific Research We found Canadian politicians lack an understanding of scientific research, resulting in inflammatory statements on both costs and benefits of embryonic human stem cell research. Politicians generally misunderstood the process of obtaining embryonic stem cells and SCNT, a methodology used in both therapeutic and reproductive cloning. Both therapeutic and reproductive (human) cloning commence with the use of SCNT. However, reproductive cloning and therapeutic cloning for research purposes are used for different reasons with significantly different endpoints. Politicians generally conflate the two procedures. For instance, building upon the public's distaste for reproductive cloning, one member described the research of the Raelians, a Canadian research group who claim to have successfully cloned a human being, (3) in conjunction with therapeutic cloning. The member stated that "if we took one of [the Speaker's] cells, extracted the nucleus and put it into an ovum, one could stimulate it electrically and allow it to grow. The so-called therapeutic clone would be to take the immature model of Mr. Speaker and extract an organ, if he needed one, killing the clone in the process. That is so-called somatic nuclear cell transfer or therapeutic cloning." (4) Another member stated, "I would suggest that most members of the House do not understand the difference between therapeutic and reproductive cloning. Certainly most people in Canada do not totally understand the difference between the two. In reality, there is not any difference. It is the same process." (5) Such statements demonstrate the lack of understanding of scientific research by politicians, and underscore the need for further educat
对议会辩论的分析提供了评估加拿大立法的政治背景的机会，特别是在干细胞研究等有争议的领域。议会围绕最近的《辅助人类生殖法》(Assisted Human Reproduction Act)的辩论持续了近10年，主要由宗教保守派主导。争论的前沿是诸如胚胎的道德地位和体细胞核移植(SCNT)的监管等问题。禁止SCNT的限制性法律条款最终源于对胚胎尊严和道德地位的修辞趋同，以及对成体干细胞研究的促进。方法通过对全文数据库分配代码，定性分析了1994年至2004年加拿大议会关于干细胞政策的辩论。(2)虽然大多数辩论都与伦理问题有关，但我们关注的是政治家对科学研究的描述、对科学进步的引用(包括已证实的和推测的)、经济论点、对媒体报道的引用以及对科学和其他专家的直接引用，因为媒体和专家是政治家的主要信息来源。我们发现加拿大政客缺乏对科学研究的理解，导致对人类胚胎干细胞研究的成本和收益发表煽动性的言论。政治家们普遍误解了获得胚胎干细胞和SCNT的过程，SCNT是一种用于治疗性和生殖性克隆的方法。治疗性和生殖性(人类)克隆都始于SCNT的使用。然而，用于研究目的的生殖性克隆和治疗性克隆的使用原因不同，终点明显不同。政客们通常将这两种程序混为一谈。例如，基于公众对生殖性克隆的厌恶，一位成员描述了加拿大研究小组雷尔人的研究，他们声称已经成功地克隆了一个人，并将其与治疗性克隆结合起来。这位议员说:“如果我们取出一个(议长的)细胞，提取细胞核，把它放入卵子中，就可以用电刺激它，让它生长。”所谓的治疗性克隆将是采用议长先生的未成熟模型，如果他需要的话，提取一个器官，在此过程中杀死克隆体。这就是所谓的体细胞移植或治疗性克隆。”(4)另一位议员说:“我认为大多数议员不理解治疗性克隆和生殖性克隆之间的区别。”当然，大多数加拿大人并不完全理解这两者之间的区别。在现实中，没有任何区别。这是同样的过程。”(5)这样的陈述表明政治家们对科学研究缺乏了解，并强调在创造意识形态驱动的立法之前，需要对所有政策制定者进行有关干细胞研究问题的进一步教育。另外，更令人担忧的是，这些言论也可能表明，政客们愿意以意识形态为基础，在有争议的科学研究上误导众议院和公众。关于成人和胚胎干细胞研究的辩论由反对党主导，主要是加拿大联盟，后来与进步保守党合并成为保守党，执政党没有作出任何重大回应。这可能意味着，多数人的沉默表明，他们不愿意承担与支持有争议的研究联系在一起的政治风险。然而，不管原因是什么，结果是一场主要围绕胚胎道德地位的辩论，并基于宗教权利和自由党“上帝队”的意识形态。…
{"title":"Stem cells, politics and the progress paradigm.","authors":"Suzanne B Debow, T. Bubela, T. Caulfield","doi":"10.7939/R3B28P","DOIUrl":"https://doi.org/10.7939/R3B28P","url":null,"abstract":"The analysis of Parliamentary debates provides the opportunity to assess the political context of Canadian legislation, particularly in controversial areas such as stem cell research. Parliamentary debates surrounding the recent Assisted Human Reproduction Act, (1) which lasted nearly a decade, were dominated by religious conservatives. At the forefront of the debate were issues such as the moral status of the embryo and the regulation of somatic cell nuclear transfer (SCNT). The resulting restrictive statutory provisions that ban SCNT ultimately arose from a convergence of rhetoric on dignity and the moral status of the embryo, and the resultant promotion of adult stem cell research. Approach We qualitatively analyzed the Canadian Hansard debates concerning stem cell policy from 1994 to 2004 by assigning codes to full text databases. (2) While the majority of the debates related to ethical issues, we focused on descriptions of scientific research by politicians, references to scientific progress, both proven and speculative, economic arguments, references to media coverage and direct quotes from scientific and other experts because the media and experts are major sources of information for politicians. The Parliamentary Debates Descriptions of Scientific Research We found Canadian politicians lack an understanding of scientific research, resulting in inflammatory statements on both costs and benefits of embryonic human stem cell research. Politicians generally misunderstood the process of obtaining embryonic stem cells and SCNT, a methodology used in both therapeutic and reproductive cloning. Both therapeutic and reproductive (human) cloning commence with the use of SCNT. However, reproductive cloning and therapeutic cloning for research purposes are used for different reasons with significantly different endpoints. Politicians generally conflate the two procedures. For instance, building upon the public's distaste for reproductive cloning, one member described the research of the Raelians, a Canadian research group who claim to have successfully cloned a human being, (3) in conjunction with therapeutic cloning. The member stated that \"if we took one of [the Speaker's] cells, extracted the nucleus and put it into an ovum, one could stimulate it electrically and allow it to grow. The so-called therapeutic clone would be to take the immature model of Mr. Speaker and extract an organ, if he needed one, killing the clone in the process. That is so-called somatic nuclear cell transfer or therapeutic cloning.\" (4) Another member stated, \"I would suggest that most members of the House do not understand the difference between therapeutic and reproductive cloning. Certainly most people in Canada do not totally understand the difference between the two. In reality, there is not any difference. It is the same process.\" (5) Such statements demonstrate the lack of understanding of scientific research by politicians, and underscore the need for further educat","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"34 1","pages":"50-2"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73239177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Complementary and Alternative Medicine (CAM) encompasses a wide variety of treatments, such as herbal remedies, not currently thought to be part of mainstream medicine. Our study focuses on herbal remedies, as their use is significant and increasing. (1) We ask whether media coverage of conflicts of interest in clinical trials of herbal remedies is of sufficient quality to provide the public with information to make decisions that are rational, well-informed, and low-risk. We know that the vast quantity of information available on CAM through popular media is of varying quality. (2) In recent years, the scientific community is increasingly interested in studying herbal remedies. (3) As conflict of interest has been an issue in synthetic drug trials, especially those receiving funding from industry, we have reason to believe that this will also be true of clinical trials of herbal remedies, many of which are industry funded. What is conflict of interest and why are we interested? In his thoughtful and widely accepted analysis, Thompson defined conflict of interest as "a set of conditions in which professional judgement concerning a primary interest (such as a patient's welfare or validity of research) tends to be unduly influenced by a secondary interest (such as financial gain)." (4) He also noted that, while a secondary interest is usually not illegitimate in itself, its relative weight in professional decision-making is problematic. The goal, therefore, is to prevent secondary interests "from dominating or appearing to dominate the relevant primary interest in the making of professional decisions", rather than to reduce or eliminate them completely. (5) Conflict of interest rules, those regulating the disclosure and avoidance of these conflicts, generally focus on financial gain because it is relatively objective and easier to regulate by impartial rules. This does not mean, however, that financial gain has a greater potential for harm than other secondary interests. (6) The subtle distinction between conflict of interest and bias must also be emphasized. A declared conflict should merely be seen as an association creating the potential for bias, rather than an indication of bias itself. (7) It has also been noted that if an association does compromise one's judgment, it is generally a result of unconscious bias rather than outright dishonesty. (8) Because the influence of secondary interests can be extremely subtle, the presence of bias is often difficult to determine with any degree of certainty. Why are these issues important in a media context? As the popular press is often cited as a prominent source of medical information for the general public, it has the ability to shape public views and interpretations of new medical research. (9) It follows that media reporting has the capacity to shape public perceptions of safety and efficacy of a particular herbal remedy, thereby influencing patterns of use. The goal of our analysis is to infer how
{"title":"Media portrayal of conflicts of interest in herbal remedy clinical trials.","authors":"M. Koper, T. Bubela, T. Caulfield, H. Boon","doi":"10.7939/R3M00F","DOIUrl":"https://doi.org/10.7939/R3M00F","url":null,"abstract":"Complementary and Alternative Medicine (CAM) encompasses a wide variety of treatments, such as herbal remedies, not currently thought to be part of mainstream medicine. Our study focuses on herbal remedies, as their use is significant and increasing. (1) We ask whether media coverage of conflicts of interest in clinical trials of herbal remedies is of sufficient quality to provide the public with information to make decisions that are rational, well-informed, and low-risk. We know that the vast quantity of information available on CAM through popular media is of varying quality. (2) In recent years, the scientific community is increasingly interested in studying herbal remedies. (3) As conflict of interest has been an issue in synthetic drug trials, especially those receiving funding from industry, we have reason to believe that this will also be true of clinical trials of herbal remedies, many of which are industry funded. What is conflict of interest and why are we interested? In his thoughtful and widely accepted analysis, Thompson defined conflict of interest as \"a set of conditions in which professional judgement concerning a primary interest (such as a patient's welfare or validity of research) tends to be unduly influenced by a secondary interest (such as financial gain).\" (4) He also noted that, while a secondary interest is usually not illegitimate in itself, its relative weight in professional decision-making is problematic. The goal, therefore, is to prevent secondary interests \"from dominating or appearing to dominate the relevant primary interest in the making of professional decisions\", rather than to reduce or eliminate them completely. (5) Conflict of interest rules, those regulating the disclosure and avoidance of these conflicts, generally focus on financial gain because it is relatively objective and easier to regulate by impartial rules. This does not mean, however, that financial gain has a greater potential for harm than other secondary interests. (6) The subtle distinction between conflict of interest and bias must also be emphasized. A declared conflict should merely be seen as an association creating the potential for bias, rather than an indication of bias itself. (7) It has also been noted that if an association does compromise one's judgment, it is generally a result of unconscious bias rather than outright dishonesty. (8) Because the influence of secondary interests can be extremely subtle, the presence of bias is often difficult to determine with any degree of certainty. Why are these issues important in a media context? As the popular press is often cited as a prominent source of medical information for the general public, it has the ability to shape public views and interpretations of new medical research. (9) It follows that media reporting has the capacity to shape public perceptions of safety and efficacy of a particular herbal remedy, thereby influencing patterns of use. The goal of our analysis is to infer how","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"42 1","pages":"9-11"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77195584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Media portrayal of conflicts of interest in herbal remedy clinical trials.","authors":"Megan Koper, Tania Bubela, Timothy Caulfield, Heather Boon","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"15 1","pages":"9-11"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26484917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comparing methods of ethical consultation for biotechnology related issues.","authors":"Holly Longstaff, Michael Burgess, Patrick Lewis","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"15 1","pages":"37-8"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26484919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Nanotechnology--a lot of hype over almost nothing?","authors":"Charma Stang, Lorraine Sheremeta","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"15 1","pages":"53-5"},"PeriodicalIF":0.0,"publicationDate":"2006-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26430176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The realities of implementing health information legislation: the Manitoba experience, 1997-2004.","authors":"Renata Neufeld","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"14 1","pages":"47-50"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25906647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Substitute decision-makers in privacy legislation that affects health information in Alberta.","authors":"Noela J Inions","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"14 1","pages":"26-41"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25907387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Professional responsibility and the protection of human subjects of research in Canada.","authors":"Henry Dinsdale","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":87182,"journal":{"name":"Health law review","volume":"13 2-3","pages":"80-5"},"PeriodicalIF":0.0,"publicationDate":"2005-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25839795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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