高校社会人文科学与教育科学领域科研出版伦理委员会立法的法律评价:一项定性研究

M. bülbül
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引用次数: 1

摘要

第2547号《高等教育法》第65条规定,科学研究和出版伦理委员会的组成、职责和运作必须由高等教育委员会颁布的条例加以规定。尽管有这种法律义务,但高等教育机构的伦理委员会并没有受到法律的约束;它们受2016年发布的HEC科学研究和出版伦理指令(HECSRPED)的监管。各大学还根据参议院的决定,在自己的机构内制定有关这些委员会的规定。本研究首先对伦理委员会的相关文献及相关立法进行了梳理。然后,结合hessrped伦理委员会的规定,采用文献评审法确定类别;在这些类别的背景下,分析了İstanbul上3所国立大学关于社会、人文和教育科学领域伦理委员会的指令。调查结果表明,高校发布的伦理委员会指令的规定与《高等学校伦理委员会指令》的相关规定普遍不一致,甚至存在重大矛盾。还讨论了大学伦理委员会可能损害自由进行科学研究的原则,并给研究人员和委员会成员造成重要的官僚问题和工作量。有人建议,与伦理委员会有关的问题由HEC管理,消除了大学发布指令的违法性,大学可以就HEC srped未澄清的问题发布指令。此外,建议对研究人员的伦理委员会进行个案研究和现象学研究。
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A Legal Evaluation of the Legislation Regarding Scientific Research and Publishing Ethics Committees in the Fields of Social and Humanatirian Sciences and Educational Sciences in Universities: A Qualitative Research
In Article 65 of Higher Education Law numbered 2547, formation, duties and operations of scientific research and publication ethics boards have to be regulated by regulations issued by Higher Education Council (HEC). Despite this legal obligation, ethical committees in higher education institutions are not regulated by regulation; They are regulated by HEC Scientific Research and Publication Ethics Directive (HECSRPED) issued in 2016. Universities also make regulations regarding these boards within their own bodies with directives issued by decisions of their senates. In the research, firstly, the literature on the ethics committees and relevant legislation are examined. Then, categories are determined by using the document review method, considering regulations of ethics committees in HECSRPED; in the context of these categories, directives issued by 3 state universities in İstanbul regarding ethics committees in fields of social and humanities and educational sciences are analyzed. Findings show that provisions of a directive issued by universities on ethics committees generally do not coincide with relevant provisions in HECSRPED and even contain significant contradictions. It has also been discussed that ethical committees in universities may harm the principle of conducting scientific research freely and cause important bureaucratic problems and workload for both researchers and board members. It has been suggested that issues related to ethical committees are regulated by HEC, eliminating illegality in directives issued by universities and that universities can issue directives on issues that are not clarified in HECSRPED. In addition, it was recommended to conduct case studies and phenomenological studies regarding ethics committees for researchers.
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