79C3C34C52B45572883A05D425EB0F82
Opinion No. 31: Regarding Experimentation Involving Pregnant and Breastfeeding Women (2004)
https://www.health.belgium.be/sites/default/files/uploads/fields/fpshealth_theme_file/opinion_31_exps_femme_enc_et_all.pdf
http://leaux.net/URLS/ConvertAPI Text Files/995339BFA7F2A0A92540A07D91F96CD6.en.txt
Examining the file media/Synopses/995339BFA7F2A0A92540A07D91F96CD6.html:
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| Indicators in focus are typically shown highlighted in yellow; | Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; | "Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; | Trigger Words/Phrases are shown highlighted in gray. | 
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / vulnerable
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p.000001:  Belgian Advisory Committee on Bioethics 
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p.000001:  Opinion No. 31 of 5 July 2004 regarding experiments on pregnant and breastfeeding women 
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p.000001:  Final version 
p.000001:  1 
p.000001:   
p.000001:  Introduction 
p.000001:   
p.000001:  In Consultation Document No. 13, which deals with the ethical aspects of experimenting on human beings, the issue of 
p.000001:  clinical trials carried out amongst vulnerable groups was referred for further opinions. 
p.000001:   
p.000001:  Experiments on a pregnant or breastfeeding woman present a particular problem in that there are three parties involved: 
p.000001:  the woman, the unborn or newly-born child and the father. 
p.000001:   
p.000001:  Preliminary remarks 
p.000001:   
p.000001:  -          Before  discussing  the   issue  of  experiments  involving  pregnant  or  breastfeeding women,  it  is 
p.000001:  worth  pointing  out  that,  when  experimenting  on  a  woman  who  is  not pregnant, the presence of a pregnancy has 
p.000001:  to be ruled out before she can be included in the study. Furthermore, the  measures to  be taken to ensure that the 
p.000001:  woman does not become pregnant during the course of the study need to be discussed. 
p.000001:  -          In the case of experiments relating to contraception, due attention should be paid to the problem of the 
p.000001:  possible failure of the contraceptive method and, amongst other things, the issue of an insurance policy in this 
p.000001:  context. 
p.000001:  -          When  evaluating  an  appropriate  protocol  for  experiments  on  pregnant  women,  the local  ethical 
p.000001:  review  committee  should  bear   in  mind  that  various  stages  of  the pregnancy  carry  with  them  a  totally 
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Health / HIV/AIDS
Searching for indicator HIV:
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p.000001:  relevant to  the  objectives  of  the  research  and  both  can  benefit  from  the  study  and  its results. 
p.000001:  2.    Research  into  pathological conditions that  are  not  linked  to  pregnancy,  but  that occur  in  pregnant 
p.000001:  women  and,  consequently,  present  particular  diagnostic  or therapeutic  problems,  such  as  the  diagnosis  or 
p.000001:  treatment  of  hyperthyroidosis  or comedocarcinoma. In this case, the concern is mostly for any adverse effects on the 
p.000001:  foetus that might be caused by the medication used. Conversely, the benefits to the foetus are, for the most part, less 
p.000001:  important. 
p.000001:  3.    Research  into  pathological  complications  that  mostly  affect  the  foetus  (e.g. deformities, toxoplasmosis, 
p.000001:  cytomegalovirus). Here, it is mostly the foetus or the child that benefits. The mother, on the other hand, may be 
p.000001:  exposed to a variety of unwanted  side  effects  during  treatment,  such  as  major  risks  in  the  event  of  in- 
p.000001:  utero surgery, for example. This category also includes research into the extent to which  treatment  can  protect 
p.000001:  mother-to-child  (foetus)  transmission  of  the  HIV virus. 
p.000001:  -          Promoters,  researchers  and  local  ethical  review  committees  should  pay  particular attention  to  the 
p.000001:  insurance  issues  facing  such  trials  where  there  is  a  risk  not  only of 
p.000001:   
p.000001:  Final version 
p.000002:  2 
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p.000002:  adversely affecting the course of a pregnancy (foetal death in utero, abortion), but also of  causing  abnormalities 
p.000002:  in  children  which  can  have  lifelong  consequences  (e.g. phocomelia caused by the administration of thalidomide). 
p.000002:  -          The question arises as to whether or not the child or, later, the adult has the right to know if his or her 
p.000002:  mother has taken part in a clinical trial during pregnancy and if so, what compensation is available to him/her for any 
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
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Health / Motherhood/Family
Searching for indicator family:
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p.000004:  -          The  question  arises  as  to  the  extent  to  which  the  father  of the  unborn  child  (or the partner) 
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
p.000004:  or the development the  unborn  child,  the  pregnancy  involves  both  parents  and  the  responsibility  of  the 
p.000004:  father  cannot  be  denied.  These  members  believe  that  it  is  problematic  to  include  a woman  in  such  a 
p.000004:  trial,  where  there  is  no  agreement  on  her  participation  between herself and  the  father  or  partner,  as 
p.000004:  this can cause  conflicts,  for  instance  should  the child display deformities at birth, in view of the resulting 
p.000004:  affective or financial burden which this may imply for the family as a whole. 
p.000004:  In the  case  of experiments which are  not  of any  direct  benefit  to  the  woman or the foetus, some Committee 
p.000004:  members feel that the agreement of the father or partner must be obtained before a trial can begin. Other members would 
p.000004:  contend that the autonomy of the woman takes precedence, even in cases such as these. 
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p.000004:  Final version 
p.000005:  5 
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p.000005:  The opinion was prepared by select commission 97/8 – 2004, consisting of: 
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p.000005:  Joint chairmen 
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p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
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p.000005:   
p.000005:  Joint reporters 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
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p.000005:   
p.000005:  Members 
p.000005:   
p.000005:  A.  André 
p.000005:  N.  Becker 
p.000005:  P.   Cosyns 
p.000005:  M. Dumont 
p.000005:  Y.  Englert 
p.000005:  Y.  Galloy 
p.000005:  R.  Lallemand 
p.000005:  L.   Leunens 
p.000005:  G.  Rorive 
p.000005:  G.  Verdonk 
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p.000005:  Member of the Bureau 
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p.000005:  J.-A. Stiennon 
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p.000005:  Member of the secretariat: V. Weltens 
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p.000005:  The   working   documents   of   select   commission   97/8   –   2004   –   questions,   personal contributions  of 
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Health / Pregnant
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p.000001:  Belgian Advisory Committee on Bioethics 
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p.000001:  Opinion No. 31 of 5 July 2004 regarding experiments on pregnant and breastfeeding women 
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p.000001:  Final version 
p.000001:  1 
p.000001:   
p.000001:  Introduction 
p.000001:   
p.000001:  In Consultation Document No. 13, which deals with the ethical aspects of experimenting on human beings, the issue of 
p.000001:  clinical trials carried out amongst vulnerable groups was referred for further opinions. 
p.000001:   
p.000001:  Experiments on a pregnant or breastfeeding woman present a particular problem in that there are three parties involved: 
p.000001:  the woman, the unborn or newly-born child and the father. 
p.000001:   
p.000001:  Preliminary remarks 
p.000001:   
p.000001:  -          Before  discussing  the   issue  of  experiments  involving  pregnant  or  breastfeeding women,  it  is 
p.000001:  worth  pointing  out  that,  when  experimenting  on  a  woman  who  is  not pregnant, the presence of a pregnancy has 
p.000001:  to be ruled out before she can be included in the study. Furthermore, the  measures to  be taken to ensure that the 
p.000001:  woman does not become pregnant during the course of the study need to be discussed. 
p.000001:  -          In the case of experiments relating to contraception, due attention should be paid to the problem of the 
p.000001:  possible failure of the contraceptive method and, amongst other things, the issue of an insurance policy in this 
p.000001:  context. 
p.000001:  -          When  evaluating  an  appropriate  protocol  for  experiments  on  pregnant  women,  the local  ethical 
p.000001:  review  committee  should  bear   in  mind  that  various  stages  of  the pregnancy  carry  with  them  a  totally 
p.000001:  different  set  of risks:  possible  effects  on  germ cells  or  the  implantation  of  the  fertilized  egg  cell, 
p.000001:  potential  teratogenic  effects, possible embryotoxic effects and the  impact  on the physiological changes caused  by 
p.000001:  pregnancy as well as on the functioning of the maternal-foetal unit. Therefore, when analysing this problem, it is 
p.000001:  customary to differentiate between a number of different stages: before conception; the first week of the pregnancy; 
p.000001:  the second week up to and including the eighth week, the second and third trimesters and the delivery. 
p.000001:  -           Experiments  involving  a  pregnant  or  breastfeeding  woman  may  be  carried  out  for  a number of 
p.000001:  different reasons, each with their own ethical concerns. 
p.000001:  1.    Research into problems specific to pregnancy (e.g. pregnancy-related pathological complications  such  as 
p.000001:  repeated  miscarriages,  foetal  hypotrophy,  etc.),  but  also physiological  or   physiopathological  research 
p.000001:  (e.g.   in   relation  to   circulatory changes during pregnancy). In this case, both the mother and the child are 
p.000001:  relevant to  the  objectives  of  the  research  and  both  can  benefit  from  the  study  and  its results. 
p.000001:  2.    Research  into  pathological conditions that  are  not  linked  to  pregnancy,  but  that occur  in  pregnant 
p.000001:  women  and,  consequently,  present  particular  diagnostic  or therapeutic  problems,  such  as  the  diagnosis  or 
p.000001:  treatment  of  hyperthyroidosis  or comedocarcinoma. In this case, the concern is mostly for any adverse effects on the 
p.000001:  foetus that might be caused by the medication used. Conversely, the benefits to the foetus are, for the most part, less 
p.000001:  important. 
p.000001:  3.    Research  into  pathological  complications  that  mostly  affect  the  foetus  (e.g. deformities, toxoplasmosis, 
p.000001:  cytomegalovirus). Here, it is mostly the foetus or the child that benefits. The mother, on the other hand, may be 
p.000001:  exposed to a variety of unwanted  side  effects  during  treatment,  such  as  major  risks  in  the  event  of  in- 
p.000001:  utero surgery, for example. This category also includes research into the extent to which  treatment  can  protect 
p.000001:  mother-to-child  (foetus)  transmission  of  the  HIV virus. 
p.000001:  -          Promoters,  researchers  and  local  ethical  review  committees  should  pay  particular attention  to  the 
p.000001:  insurance  issues  facing  such  trials  where  there  is  a  risk  not  only of 
p.000001:   
p.000001:  Final version 
p.000002:  2 
p.000002:   
p.000002:  adversely affecting the course of a pregnancy (foetal death in utero, abortion), but also of  causing  abnormalities 
p.000002:  in  children  which  can  have  lifelong  consequences  (e.g. phocomelia caused by the administration of thalidomide). 
p.000002:  -          The question arises as to whether or not the child or, later, the adult has the right to know if his or her 
p.000002:  mother has taken part in a clinical trial during pregnancy and if so, what compensation is available to him/her for any 
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
p.000002:  woman  and  to  her  foetus  is  a  prerequisite  for  the  woman’s  ability  to  make  a rational decision to enrol in 
p.000002:  a clinical study. In this discussion, if participation in the research might be hazardous to a foetus or a woman if she 
p.000002:  becomes pregnant, the sponsors/ investigators should guarantee the prospective subject a pregnancy test and access to 
p.000002:  effective contraceptive methods before the research commences. Where  such  access  is  not  possible,  for  legal  or 
p.000002:  religious  reasons,  investigators should  not  recruit  for  such  possibly  hazardous  research  women  who  might 
p.000002:  become pregnant. 
p.000002:   
p.000002:  CIOMS Guideline 17: Pregnant women as research participants 
p.000002:  Pregnant women should be presumed to be eligible for participation in biomedical research.   Investigators   and 
p.000002:  ethical   review   committees   should   ensure   that prospective subjects who are pregnant are adequately informed 
p.000002:  about the risks and benefits   to   themselves,   their   pregnancies,   the   foetus   and   their   subsequent 
p.000002:  offspring, and to their fertility. 
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
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p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
p.000003:  specifically  with research   during   pregnancy   or   breastfeeding.   The   text   of   this   Protocol   is 
p.000003:  accompanied by an explanatory report. 
p.000003:  Council of Europe - Additional Protocol to the Convention on Human Rights and  Biomedicine,  concerning  Biomedical 
p.000003:  Research  -  Article  18  -  Research during pregnancy or breastfeeding 
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
p.000003:  -          Experiments on pregnant  women present  more  problems than those  on women who are  not  pregnant,  given 
p.000003:  the  possible  risk  to  the  unborn  child.  All  the  precautions required for any experiment whatsoever will 
p.000003:  therefore have to be complied even more stringently in such cases. In addition, particular attention should be paid to 
p.000003:  the need for comprehensive information that is properly understood and for truly informed consent, given only after the 
p.000003:  individual has had sufficient  opportunity to  consider whether or not  to  participate.  In  this  last  regard,  an 
p.000003:  opportunity  must  be  provided  to  consult  a person who is not involved in the research (doctor, nurse, member of 
p.000003:  the local ethical review committee, chaplain, moral consultant, etc.). Researchers and the local ethical review 
p.000003:  committees should pay particular attention to these aspects. 
p.000003:  -          Article  18  of  the  Council  of  Europe’s  “Additional  Protocol  to  the  Convention  on Human  Rights 
p.000003:  and  Biomedicine,  concerning  Biomedical  Research”  sets  out  the conditions to be fulfilled by experiments which do 
p.000003:  not provide any direct benefit  for the pregnant woman or her child. Such experiments may only be carried out when it 
p.000003:  may be presumed that there is no risk, or where the risk is negligible. The Bioethics Advisory Committee  would  like 
p.000003:  to  stress that  such  clinical trials,  where  there  is  no prospect  of direct  benefit  to the  mother or child, 
p.000003:  are  not  permissible during the  first three months of the pregnancy except where the risk of teratogenesis or other 
p.000003:  problems (e.g. premature birth) can be ruled out. It goes without saying that, where a potential research subject is in 
p.000003:  the later stages of pregnancy, trials without direct benefits may only be carried out after careful consideration of 
p.000003:  the relevance of the purpose of this experiment   set   against   the   possible   risks   involved.   The   local 
p.000003:  ethical   review committees, when evaluating the protocols on such trials, should weigh up the benefits 
p.000003:  Final version 
p.000004:  4 
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p.000004:  linked to the expected results against the risks involved in the experiment. If there is no direct benefit to the 
p.000004:  participant, these risks should be negligible. 
p.000004:  -          In trials such as these, it is important to avoid over-representation of women belonging to  socially 
p.000004:  disadvantaged  or  minority  groups,  as  they are  often  less  attentive  to  the potential risks involved in a study 
p.000004:  of this nature. They may, moreover, be attracted by the fact that participation in the trial may mean their receiving 
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Health / breastfeeding
Searching for indicator breastfeeding:
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p.000001:  Belgian Advisory Committee on Bioethics 
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p.000001:  Opinion No. 31 of 5 July 2004 regarding experiments on pregnant and breastfeeding women 
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p.000001:  Final version 
p.000001:  1 
p.000001:   
p.000001:  Introduction 
p.000001:   
p.000001:  In Consultation Document No. 13, which deals with the ethical aspects of experimenting on human beings, the issue of 
p.000001:  clinical trials carried out amongst vulnerable groups was referred for further opinions. 
p.000001:   
p.000001:  Experiments on a pregnant or breastfeeding woman present a particular problem in that there are three parties involved: 
p.000001:  the woman, the unborn or newly-born child and the father. 
p.000001:   
p.000001:  Preliminary remarks 
p.000001:   
p.000001:  -          Before  discussing  the   issue  of  experiments  involving  pregnant  or  breastfeeding women,  it  is 
p.000001:  worth  pointing  out  that,  when  experimenting  on  a  woman  who  is  not pregnant, the presence of a pregnancy has 
p.000001:  to be ruled out before she can be included in the study. Furthermore, the  measures to  be taken to ensure that the 
p.000001:  woman does not become pregnant during the course of the study need to be discussed. 
p.000001:  -          In the case of experiments relating to contraception, due attention should be paid to the problem of the 
p.000001:  possible failure of the contraceptive method and, amongst other things, the issue of an insurance policy in this 
p.000001:  context. 
p.000001:  -          When  evaluating  an  appropriate  protocol  for  experiments  on  pregnant  women,  the local  ethical 
p.000001:  review  committee  should  bear   in  mind  that  various  stages  of  the pregnancy  carry  with  them  a  totally 
p.000001:  different  set  of risks:  possible  effects  on  germ cells  or  the  implantation  of  the  fertilized  egg  cell, 
p.000001:  potential  teratogenic  effects, possible embryotoxic effects and the  impact  on the physiological changes caused  by 
p.000001:  pregnancy as well as on the functioning of the maternal-foetal unit. Therefore, when analysing this problem, it is 
p.000001:  customary to differentiate between a number of different stages: before conception; the first week of the pregnancy; 
p.000001:  the second week up to and including the eighth week, the second and third trimesters and the delivery. 
p.000001:  -           Experiments  involving  a  pregnant  or  breastfeeding  woman  may  be  carried  out  for  a number of 
p.000001:  different reasons, each with their own ethical concerns. 
p.000001:  1.    Research into problems specific to pregnancy (e.g. pregnancy-related pathological complications  such  as 
p.000001:  repeated  miscarriages,  foetal  hypotrophy,  etc.),  but  also physiological  or   physiopathological  research 
p.000001:  (e.g.   in   relation  to   circulatory changes during pregnancy). In this case, both the mother and the child are 
p.000001:  relevant to  the  objectives  of  the  research  and  both  can  benefit  from  the  study  and  its results. 
p.000001:  2.    Research  into  pathological conditions that  are  not  linked  to  pregnancy,  but  that occur  in  pregnant 
p.000001:  women  and,  consequently,  present  particular  diagnostic  or therapeutic  problems,  such  as  the  diagnosis  or 
p.000001:  treatment  of  hyperthyroidosis  or comedocarcinoma. In this case, the concern is mostly for any adverse effects on the 
p.000001:  foetus that might be caused by the medication used. Conversely, the benefits to the foetus are, for the most part, less 
p.000001:  important. 
p.000001:  3.    Research  into  pathological  complications  that  mostly  affect  the  foetus  (e.g. deformities, toxoplasmosis, 
p.000001:  cytomegalovirus). Here, it is mostly the foetus or the child that benefits. The mother, on the other hand, may be 
...
           
p.000001:  utero surgery, for example. This category also includes research into the extent to which  treatment  can  protect 
p.000001:  mother-to-child  (foetus)  transmission  of  the  HIV virus. 
p.000001:  -          Promoters,  researchers  and  local  ethical  review  committees  should  pay  particular attention  to  the 
p.000001:  insurance  issues  facing  such  trials  where  there  is  a  risk  not  only of 
p.000001:   
p.000001:  Final version 
p.000002:  2 
p.000002:   
p.000002:  adversely affecting the course of a pregnancy (foetal death in utero, abortion), but also of  causing  abnormalities 
p.000002:  in  children  which  can  have  lifelong  consequences  (e.g. phocomelia caused by the administration of thalidomide). 
p.000002:  -          The question arises as to whether or not the child or, later, the adult has the right to know if his or her 
p.000002:  mother has taken part in a clinical trial during pregnancy and if so, what compensation is available to him/her for any 
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
p.000002:  woman  and  to  her  foetus  is  a  prerequisite  for  the  woman’s  ability  to  make  a rational decision to enrol in 
...
           
p.000002:  Pregnant women should be presumed to be eligible for participation in biomedical research.   Investigators   and 
p.000002:  ethical   review   committees   should   ensure   that prospective subjects who are pregnant are adequately informed 
p.000002:  about the risks and benefits   to   themselves,   their   pregnancies,   the   foetus   and   their   subsequent 
p.000002:  offspring, and to their fertility. 
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
p.000003:  specifically  with research   during   pregnancy   or   breastfeeding.   The   text   of   this   Protocol   is 
p.000003:  accompanied by an explanatory report. 
p.000003:  Council of Europe - Additional Protocol to the Convention on Human Rights and  Biomedicine,  concerning  Biomedical 
p.000003:  Research  -  Article  18  -  Research during pregnancy or breastfeeding 
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
p.000003:  -          Experiments on pregnant  women present  more  problems than those  on women who are  not  pregnant,  given 
p.000003:  the  possible  risk  to  the  unborn  child.  All  the  precautions required for any experiment whatsoever will 
p.000003:  therefore have to be complied even more stringently in such cases. In addition, particular attention should be paid to 
p.000003:  the need for comprehensive information that is properly understood and for truly informed consent, given only after the 
p.000003:  individual has had sufficient  opportunity to  consider whether or not  to  participate.  In  this  last  regard,  an 
p.000003:  opportunity  must  be  provided  to  consult  a person who is not involved in the research (doctor, nurse, member of 
p.000003:  the local ethical review committee, chaplain, moral consultant, etc.). Researchers and the local ethical review 
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
           
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
p.000002:  woman  and  to  her  foetus  is  a  prerequisite  for  the  woman’s  ability  to  make  a rational decision to enrol in 
p.000002:  a clinical study. In this discussion, if participation in the research might be hazardous to a foetus or a woman if she 
p.000002:  becomes pregnant, the sponsors/ investigators should guarantee the prospective subject a pregnancy test and access to 
p.000002:  effective contraceptive methods before the research commences. Where  such  access  is  not  possible,  for  legal  or 
p.000002:  religious  reasons,  investigators should  not  recruit  for  such  possibly  hazardous  research  women  who  might 
p.000002:  become pregnant. 
p.000002:   
p.000002:  CIOMS Guideline 17: Pregnant women as research participants 
p.000002:  Pregnant women should be presumed to be eligible for participation in biomedical research.   Investigators   and 
p.000002:  ethical   review   committees   should   ensure   that prospective subjects who are pregnant are adequately informed 
p.000002:  about the risks and benefits   to   themselves,   their   pregnancies,   the   foetus   and   their   subsequent 
p.000002:  offspring, and to their fertility. 
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
...
Social / Age
Searching for indicator age:
(return to top)
           
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
p.000002:  woman  and  to  her  foetus  is  a  prerequisite  for  the  woman’s  ability  to  make  a rational decision to enrol in 
p.000002:  a clinical study. In this discussion, if participation in the research might be hazardous to a foetus or a woman if she 
p.000002:  becomes pregnant, the sponsors/ investigators should guarantee the prospective subject a pregnancy test and access to 
p.000002:  effective contraceptive methods before the research commences. Where  such  access  is  not  possible,  for  legal  or 
p.000002:  religious  reasons,  investigators should  not  recruit  for  such  possibly  hazardous  research  women  who  might 
p.000002:  become pregnant. 
p.000002:   
p.000002:  CIOMS Guideline 17: Pregnant women as research participants 
...
Social / Child
Searching for indicator child:
(return to top)
           
p.000001:  Belgian Advisory Committee on Bioethics 
p.000001:   
p.000001:   
p.000001:  Opinion No. 31 of 5 July 2004 regarding experiments on pregnant and breastfeeding women 
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:  Final version 
p.000001:  1 
p.000001:   
p.000001:  Introduction 
p.000001:   
p.000001:  In Consultation Document No. 13, which deals with the ethical aspects of experimenting on human beings, the issue of 
p.000001:  clinical trials carried out amongst vulnerable groups was referred for further opinions. 
p.000001:   
p.000001:  Experiments on a pregnant or breastfeeding woman present a particular problem in that there are three parties involved: 
p.000001:  the woman, the unborn or newly-born child and the father. 
p.000001:   
p.000001:  Preliminary remarks 
p.000001:   
p.000001:  -          Before  discussing  the   issue  of  experiments  involving  pregnant  or  breastfeeding women,  it  is 
p.000001:  worth  pointing  out  that,  when  experimenting  on  a  woman  who  is  not pregnant, the presence of a pregnancy has 
p.000001:  to be ruled out before she can be included in the study. Furthermore, the  measures to  be taken to ensure that the 
p.000001:  woman does not become pregnant during the course of the study need to be discussed. 
p.000001:  -          In the case of experiments relating to contraception, due attention should be paid to the problem of the 
p.000001:  possible failure of the contraceptive method and, amongst other things, the issue of an insurance policy in this 
p.000001:  context. 
p.000001:  -          When  evaluating  an  appropriate  protocol  for  experiments  on  pregnant  women,  the local  ethical 
p.000001:  review  committee  should  bear   in  mind  that  various  stages  of  the pregnancy  carry  with  them  a  totally 
p.000001:  different  set  of risks:  possible  effects  on  germ cells  or  the  implantation  of  the  fertilized  egg  cell, 
p.000001:  potential  teratogenic  effects, possible embryotoxic effects and the  impact  on the physiological changes caused  by 
p.000001:  pregnancy as well as on the functioning of the maternal-foetal unit. Therefore, when analysing this problem, it is 
p.000001:  customary to differentiate between a number of different stages: before conception; the first week of the pregnancy; 
p.000001:  the second week up to and including the eighth week, the second and third trimesters and the delivery. 
p.000001:  -           Experiments  involving  a  pregnant  or  breastfeeding  woman  may  be  carried  out  for  a number of 
p.000001:  different reasons, each with their own ethical concerns. 
p.000001:  1.    Research into problems specific to pregnancy (e.g. pregnancy-related pathological complications  such  as 
p.000001:  repeated  miscarriages,  foetal  hypotrophy,  etc.),  but  also physiological  or   physiopathological  research 
p.000001:  (e.g.   in   relation  to   circulatory changes during pregnancy). In this case, both the mother and the child are 
p.000001:  relevant to  the  objectives  of  the  research  and  both  can  benefit  from  the  study  and  its results. 
p.000001:  2.    Research  into  pathological conditions that  are  not  linked  to  pregnancy,  but  that occur  in  pregnant 
p.000001:  women  and,  consequently,  present  particular  diagnostic  or therapeutic  problems,  such  as  the  diagnosis  or 
p.000001:  treatment  of  hyperthyroidosis  or comedocarcinoma. In this case, the concern is mostly for any adverse effects on the 
p.000001:  foetus that might be caused by the medication used. Conversely, the benefits to the foetus are, for the most part, less 
p.000001:  important. 
p.000001:  3.    Research  into  pathological  complications  that  mostly  affect  the  foetus  (e.g. deformities, toxoplasmosis, 
p.000001:  cytomegalovirus). Here, it is mostly the foetus or the child that benefits. The mother, on the other hand, may be 
p.000001:  exposed to a variety of unwanted  side  effects  during  treatment,  such  as  major  risks  in  the  event  of  in- 
p.000001:  utero surgery, for example. This category also includes research into the extent to which  treatment  can  protect 
p.000001:  mother-to-child  (foetus)  transmission  of  the  HIV virus. 
p.000001:  -          Promoters,  researchers  and  local  ethical  review  committees  should  pay  particular attention  to  the 
p.000001:  insurance  issues  facing  such  trials  where  there  is  a  risk  not  only of 
p.000001:   
p.000001:  Final version 
p.000002:  2 
p.000002:   
p.000002:  adversely affecting the course of a pregnancy (foetal death in utero, abortion), but also of  causing  abnormalities 
p.000002:  in  children  which  can  have  lifelong  consequences  (e.g. phocomelia caused by the administration of thalidomide). 
p.000002:  -          The question arises as to whether or not the child or, later, the adult has the right to know if his or her 
p.000002:  mother has taken part in a clinical trial during pregnancy and if so, what compensation is available to him/her for any 
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
...
           
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
p.000003:  specifically  with research   during   pregnancy   or   breastfeeding.   The   text   of   this   Protocol   is 
p.000003:  accompanied by an explanatory report. 
p.000003:  Council of Europe - Additional Protocol to the Convention on Human Rights and  Biomedicine,  concerning  Biomedical 
p.000003:  Research  -  Article  18  -  Research during pregnancy or breastfeeding 
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
p.000003:  -          Experiments on pregnant  women present  more  problems than those  on women who are  not  pregnant,  given 
p.000003:  the  possible  risk  to  the  unborn  child.  All  the  precautions required for any experiment whatsoever will 
p.000003:  therefore have to be complied even more stringently in such cases. In addition, particular attention should be paid to 
p.000003:  the need for comprehensive information that is properly understood and for truly informed consent, given only after the 
p.000003:  individual has had sufficient  opportunity to  consider whether or not  to  participate.  In  this  last  regard,  an 
p.000003:  opportunity  must  be  provided  to  consult  a person who is not involved in the research (doctor, nurse, member of 
p.000003:  the local ethical review committee, chaplain, moral consultant, etc.). Researchers and the local ethical review 
p.000003:  committees should pay particular attention to these aspects. 
p.000003:  -          Article  18  of  the  Council  of  Europe’s  “Additional  Protocol  to  the  Convention  on Human  Rights 
p.000003:  and  Biomedicine,  concerning  Biomedical  Research”  sets  out  the conditions to be fulfilled by experiments which do 
p.000003:  not provide any direct benefit  for the pregnant woman or her child. Such experiments may only be carried out when it 
p.000003:  may be presumed that there is no risk, or where the risk is negligible. The Bioethics Advisory Committee  would  like 
p.000003:  to  stress that  such  clinical trials,  where  there  is  no prospect  of direct  benefit  to the  mother or child, 
p.000003:  are  not  permissible during the  first three months of the pregnancy except where the risk of teratogenesis or other 
p.000003:  problems (e.g. premature birth) can be ruled out. It goes without saying that, where a potential research subject is in 
p.000003:  the later stages of pregnancy, trials without direct benefits may only be carried out after careful consideration of 
p.000003:  the relevance of the purpose of this experiment   set   against   the   possible   risks   involved.   The   local 
p.000003:  ethical   review committees, when evaluating the protocols on such trials, should weigh up the benefits 
p.000003:  Final version 
p.000004:  4 
p.000004:   
p.000004:  linked to the expected results against the risks involved in the experiment. If there is no direct benefit to the 
p.000004:  participant, these risks should be negligible. 
p.000004:  -          In trials such as these, it is important to avoid over-representation of women belonging to  socially 
p.000004:  disadvantaged  or  minority  groups,  as  they are  often  less  attentive  to  the potential risks involved in a study 
p.000004:  of this nature. They may, moreover, be attracted by the fact that participation in the trial may mean their receiving 
p.000004:  free medical care. On the  other  hand,  women  from  these  groups  should  not  be  systematically  excluded either. 
p.000004:  It is necessary to ascertain whether or not such women, particularly if they are foreign language speakers, have in 
p.000004:  fact fully understood the consent form presented to them. 
p.000004:  -          The  question  arises  as  to  the  extent  to  which  the  father  of the  unborn  child  (or the partner) 
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
p.000004:  or the development the  unborn  child,  the  pregnancy  involves  both  parents  and  the  responsibility  of  the 
p.000004:  father  cannot  be  denied.  These  members  believe  that  it  is  problematic  to  include  a woman  in  such  a 
p.000004:  trial,  where  there  is  no  agreement  on  her  participation  between herself and  the  father  or  partner,  as 
p.000004:  this can cause  conflicts,  for  instance  should  the child display deformities at birth, in view of the resulting 
p.000004:  affective or financial burden which this may imply for the family as a whole. 
p.000004:  In the  case  of experiments which are  not  of any  direct  benefit  to  the  woman or the foetus, some Committee 
p.000004:  members feel that the agreement of the father or partner must be obtained before a trial can begin. Other members would 
p.000004:  contend that the autonomy of the woman takes precedence, even in cases such as these. 
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:  Final version 
p.000005:  5 
p.000005:   
p.000005:  The opinion was prepared by select commission 97/8 – 2004, consisting of: 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint chairmen 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint reporters 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Members 
p.000005:   
p.000005:  A.  André 
p.000005:  N.  Becker 
p.000005:  P.   Cosyns 
p.000005:  M. Dumont 
p.000005:  Y.  Englert 
p.000005:  Y.  Galloy 
p.000005:  R.  Lallemand 
p.000005:  L.   Leunens 
p.000005:  G.  Rorive 
p.000005:  G.  Verdonk 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Member of the Bureau 
p.000005:   
p.000005:  J.-A. Stiennon 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Member of the secretariat: V. Weltens 
p.000005:   
p.000005:   
...
Searching for indicator children:
(return to top)
           
p.000001:  foetus that might be caused by the medication used. Conversely, the benefits to the foetus are, for the most part, less 
p.000001:  important. 
p.000001:  3.    Research  into  pathological  complications  that  mostly  affect  the  foetus  (e.g. deformities, toxoplasmosis, 
p.000001:  cytomegalovirus). Here, it is mostly the foetus or the child that benefits. The mother, on the other hand, may be 
p.000001:  exposed to a variety of unwanted  side  effects  during  treatment,  such  as  major  risks  in  the  event  of  in- 
p.000001:  utero surgery, for example. This category also includes research into the extent to which  treatment  can  protect 
p.000001:  mother-to-child  (foetus)  transmission  of  the  HIV virus. 
p.000001:  -          Promoters,  researchers  and  local  ethical  review  committees  should  pay  particular attention  to  the 
p.000001:  insurance  issues  facing  such  trials  where  there  is  a  risk  not  only of 
p.000001:   
p.000001:  Final version 
p.000002:  2 
p.000002:   
p.000002:  adversely affecting the course of a pregnancy (foetal death in utero, abortion), but also of  causing  abnormalities 
p.000002:  in  children  which  can  have  lifelong  consequences  (e.g. phocomelia caused by the administration of thalidomide). 
p.000002:  -          The question arises as to whether or not the child or, later, the adult has the right to know if his or her 
p.000002:  mother has taken part in a clinical trial during pregnancy and if so, what compensation is available to him/her for any 
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
...
           
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
p.000003:  specifically  with research   during   pregnancy   or   breastfeeding.   The   text   of   this   Protocol   is 
p.000003:  accompanied by an explanatory report. 
p.000003:  Council of Europe - Additional Protocol to the Convention on Human Rights and  Biomedicine,  concerning  Biomedical 
p.000003:  Research  -  Article  18  -  Research during pregnancy or breastfeeding 
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
p.000003:  -          Experiments on pregnant  women present  more  problems than those  on women who are  not  pregnant,  given 
p.000003:  the  possible  risk  to  the  unborn  child.  All  the  precautions required for any experiment whatsoever will 
p.000003:  therefore have to be complied even more stringently in such cases. In addition, particular attention should be paid to 
...
Social / Fetus/Neonate
Searching for indicator foetus:
(return to top)
           
p.000001:  potential  teratogenic  effects, possible embryotoxic effects and the  impact  on the physiological changes caused  by 
p.000001:  pregnancy as well as on the functioning of the maternal-foetal unit. Therefore, when analysing this problem, it is 
p.000001:  customary to differentiate between a number of different stages: before conception; the first week of the pregnancy; 
p.000001:  the second week up to and including the eighth week, the second and third trimesters and the delivery. 
p.000001:  -           Experiments  involving  a  pregnant  or  breastfeeding  woman  may  be  carried  out  for  a number of 
p.000001:  different reasons, each with their own ethical concerns. 
p.000001:  1.    Research into problems specific to pregnancy (e.g. pregnancy-related pathological complications  such  as 
p.000001:  repeated  miscarriages,  foetal  hypotrophy,  etc.),  but  also physiological  or   physiopathological  research 
p.000001:  (e.g.   in   relation  to   circulatory changes during pregnancy). In this case, both the mother and the child are 
p.000001:  relevant to  the  objectives  of  the  research  and  both  can  benefit  from  the  study  and  its results. 
p.000001:  2.    Research  into  pathological conditions that  are  not  linked  to  pregnancy,  but  that occur  in  pregnant 
p.000001:  women  and,  consequently,  present  particular  diagnostic  or therapeutic  problems,  such  as  the  diagnosis  or 
p.000001:  treatment  of  hyperthyroidosis  or comedocarcinoma. In this case, the concern is mostly for any adverse effects on the 
p.000001:  foetus that might be caused by the medication used. Conversely, the benefits to the foetus are, for the most part, less 
p.000001:  important. 
p.000001:  3.    Research  into  pathological  complications  that  mostly  affect  the  foetus  (e.g. deformities, toxoplasmosis, 
p.000001:  cytomegalovirus). Here, it is mostly the foetus or the child that benefits. The mother, on the other hand, may be 
p.000001:  exposed to a variety of unwanted  side  effects  during  treatment,  such  as  major  risks  in  the  event  of  in- 
p.000001:  utero surgery, for example. This category also includes research into the extent to which  treatment  can  protect 
p.000001:  mother-to-child  (foetus)  transmission  of  the  HIV virus. 
p.000001:  -          Promoters,  researchers  and  local  ethical  review  committees  should  pay  particular attention  to  the 
p.000001:  insurance  issues  facing  such  trials  where  there  is  a  risk  not  only of 
p.000001:   
p.000001:  Final version 
p.000002:  2 
p.000002:   
p.000002:  adversely affecting the course of a pregnancy (foetal death in utero, abortion), but also of  causing  abnormalities 
p.000002:  in  children  which  can  have  lifelong  consequences  (e.g. phocomelia caused by the administration of thalidomide). 
p.000002:  -          The question arises as to whether or not the child or, later, the adult has the right to know if his or her 
p.000002:  mother has taken part in a clinical trial during pregnancy and if so, what compensation is available to him/her for any 
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
p.000002:  woman  and  to  her  foetus  is  a  prerequisite  for  the  woman’s  ability  to  make  a rational decision to enrol in 
p.000002:  a clinical study. In this discussion, if participation in the research might be hazardous to a foetus or a woman if she 
p.000002:  becomes pregnant, the sponsors/ investigators should guarantee the prospective subject a pregnancy test and access to 
p.000002:  effective contraceptive methods before the research commences. Where  such  access  is  not  possible,  for  legal  or 
p.000002:  religious  reasons,  investigators should  not  recruit  for  such  possibly  hazardous  research  women  who  might 
p.000002:  become pregnant. 
p.000002:   
p.000002:  CIOMS Guideline 17: Pregnant women as research participants 
p.000002:  Pregnant women should be presumed to be eligible for participation in biomedical research.   Investigators   and 
p.000002:  ethical   review   committees   should   ensure   that prospective subjects who are pregnant are adequately informed 
p.000002:  about the risks and benefits   to   themselves,   their   pregnancies,   the   foetus   and   their   subsequent 
p.000002:  offspring, and to their fertility. 
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
p.000003:  specifically  with research   during   pregnancy   or   breastfeeding.   The   text   of   this   Protocol   is 
p.000003:  accompanied by an explanatory report. 
p.000003:  Council of Europe - Additional Protocol to the Convention on Human Rights and  Biomedicine,  concerning  Biomedical 
p.000003:  Research  -  Article  18  -  Research during pregnancy or breastfeeding 
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
...
           
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
p.000004:  or the development the  unborn  child,  the  pregnancy  involves  both  parents  and  the  responsibility  of  the 
p.000004:  father  cannot  be  denied.  These  members  believe  that  it  is  problematic  to  include  a woman  in  such  a 
p.000004:  trial,  where  there  is  no  agreement  on  her  participation  between herself and  the  father  or  partner,  as 
p.000004:  this can cause  conflicts,  for  instance  should  the child display deformities at birth, in view of the resulting 
p.000004:  affective or financial burden which this may imply for the family as a whole. 
p.000004:  In the  case  of experiments which are  not  of any  direct  benefit  to  the  woman or the foetus, some Committee 
p.000004:  members feel that the agreement of the father or partner must be obtained before a trial can begin. Other members would 
p.000004:  contend that the autonomy of the woman takes precedence, even in cases such as these. 
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:  Final version 
p.000005:  5 
p.000005:   
p.000005:  The opinion was prepared by select commission 97/8 – 2004, consisting of: 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint chairmen 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint reporters 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Members 
p.000005:   
p.000005:  A.  André 
p.000005:  N.  Becker 
p.000005:  P.   Cosyns 
p.000005:  M. Dumont 
p.000005:  Y.  Englert 
p.000005:  Y.  Galloy 
p.000005:  R.  Lallemand 
p.000005:  L.   Leunens 
p.000005:  G.  Rorive 
p.000005:  G.  Verdonk 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Member of the Bureau 
p.000005:   
p.000005:  J.-A. Stiennon 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Member of the secretariat: V. Weltens 
p.000005:   
p.000005:   
p.000005:  The   working   documents   of   select   commission   97/8   –   2004   –   questions,   personal contributions  of 
p.000005:  the  members,  minutes  of  meetings,  documents  consulted  -  are  stored  as Annexes 97/8 – 2004 at the Committee’s 
p.000005:  documentation centre, where they may be consulted and copied. 
p.000005:   
p.000005:   
p.000005:   
...
Searching for indicator foetuses:
(return to top)
           
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
p.000003:  specifically  with research   during   pregnancy   or   breastfeeding.   The   text   of   this   Protocol   is 
p.000003:  accompanied by an explanatory report. 
p.000003:  Council of Europe - Additional Protocol to the Convention on Human Rights and  Biomedicine,  concerning  Biomedical 
p.000003:  Research  -  Article  18  -  Research during pregnancy or breastfeeding 
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
p.000003:  -          Experiments on pregnant  women present  more  problems than those  on women who are  not  pregnant,  given 
p.000003:  the  possible  risk  to  the  unborn  child.  All  the  precautions required for any experiment whatsoever will 
p.000003:  therefore have to be complied even more stringently in such cases. In addition, particular attention should be paid to 
...
Social / Linguistic Proficiency
Searching for indicator language:
(return to top)
           
p.000003:  are  not  permissible during the  first three months of the pregnancy except where the risk of teratogenesis or other 
p.000003:  problems (e.g. premature birth) can be ruled out. It goes without saying that, where a potential research subject is in 
p.000003:  the later stages of pregnancy, trials without direct benefits may only be carried out after careful consideration of 
p.000003:  the relevance of the purpose of this experiment   set   against   the   possible   risks   involved.   The   local 
p.000003:  ethical   review committees, when evaluating the protocols on such trials, should weigh up the benefits 
p.000003:  Final version 
p.000004:  4 
p.000004:   
p.000004:  linked to the expected results against the risks involved in the experiment. If there is no direct benefit to the 
p.000004:  participant, these risks should be negligible. 
p.000004:  -          In trials such as these, it is important to avoid over-representation of women belonging to  socially 
p.000004:  disadvantaged  or  minority  groups,  as  they are  often  less  attentive  to  the potential risks involved in a study 
p.000004:  of this nature. They may, moreover, be attracted by the fact that participation in the trial may mean their receiving 
p.000004:  free medical care. On the  other  hand,  women  from  these  groups  should  not  be  systematically  excluded either. 
p.000004:  It is necessary to ascertain whether or not such women, particularly if they are foreign language speakers, have in 
p.000004:  fact fully understood the consent form presented to them. 
p.000004:  -          The  question  arises  as  to  the  extent  to  which  the  father  of the  unborn  child  (or the partner) 
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
p.000004:  or the development the  unborn  child,  the  pregnancy  involves  both  parents  and  the  responsibility  of  the 
p.000004:  father  cannot  be  denied.  These  members  believe  that  it  is  problematic  to  include  a woman  in  such  a 
p.000004:  trial,  where  there  is  no  agreement  on  her  participation  between herself and  the  father  or  partner,  as 
p.000004:  this can cause  conflicts,  for  instance  should  the child display deformities at birth, in view of the resulting 
...
Social / Racial Minority
Searching for indicator minority:
(return to top)
           
p.000003:  not provide any direct benefit  for the pregnant woman or her child. Such experiments may only be carried out when it 
p.000003:  may be presumed that there is no risk, or where the risk is negligible. The Bioethics Advisory Committee  would  like 
p.000003:  to  stress that  such  clinical trials,  where  there  is  no prospect  of direct  benefit  to the  mother or child, 
p.000003:  are  not  permissible during the  first three months of the pregnancy except where the risk of teratogenesis or other 
p.000003:  problems (e.g. premature birth) can be ruled out. It goes without saying that, where a potential research subject is in 
p.000003:  the later stages of pregnancy, trials without direct benefits may only be carried out after careful consideration of 
p.000003:  the relevance of the purpose of this experiment   set   against   the   possible   risks   involved.   The   local 
p.000003:  ethical   review committees, when evaluating the protocols on such trials, should weigh up the benefits 
p.000003:  Final version 
p.000004:  4 
p.000004:   
p.000004:  linked to the expected results against the risks involved in the experiment. If there is no direct benefit to the 
p.000004:  participant, these risks should be negligible. 
p.000004:  -          In trials such as these, it is important to avoid over-representation of women belonging to  socially 
p.000004:  disadvantaged  or  minority  groups,  as  they are  often  less  attentive  to  the potential risks involved in a study 
p.000004:  of this nature. They may, moreover, be attracted by the fact that participation in the trial may mean their receiving 
p.000004:  free medical care. On the  other  hand,  women  from  these  groups  should  not  be  systematically  excluded either. 
p.000004:  It is necessary to ascertain whether or not such women, particularly if they are foreign language speakers, have in 
p.000004:  fact fully understood the consent form presented to them. 
p.000004:  -          The  question  arises  as  to  the  extent  to  which  the  father  of the  unborn  child  (or the partner) 
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
...
Social / Religion
Searching for indicator religious:
(return to top)
           
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
p.000002:  woman  and  to  her  foetus  is  a  prerequisite  for  the  woman’s  ability  to  make  a rational decision to enrol in 
p.000002:  a clinical study. In this discussion, if participation in the research might be hazardous to a foetus or a woman if she 
p.000002:  becomes pregnant, the sponsors/ investigators should guarantee the prospective subject a pregnancy test and access to 
p.000002:  effective contraceptive methods before the research commences. Where  such  access  is  not  possible,  for  legal  or 
p.000002:  religious  reasons,  investigators should  not  recruit  for  such  possibly  hazardous  research  women  who  might 
p.000002:  become pregnant. 
p.000002:   
p.000002:  CIOMS Guideline 17: Pregnant women as research participants 
p.000002:  Pregnant women should be presumed to be eligible for participation in biomedical research.   Investigators   and 
p.000002:  ethical   review   committees   should   ensure   that prospective subjects who are pregnant are adequately informed 
p.000002:  about the risks and benefits   to   themselves,   their   pregnancies,   the   foetus   and   their   subsequent 
p.000002:  offspring, and to their fertility. 
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
...
Social / Women
Searching for indicator women:
(return to top)
           
p.000001:  Belgian Advisory Committee on Bioethics 
p.000001:   
p.000001:   
p.000001:  Opinion No. 31 of 5 July 2004 regarding experiments on pregnant and breastfeeding women 
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:  Final version 
p.000001:  1 
p.000001:   
p.000001:  Introduction 
p.000001:   
p.000001:  In Consultation Document No. 13, which deals with the ethical aspects of experimenting on human beings, the issue of 
p.000001:  clinical trials carried out amongst vulnerable groups was referred for further opinions. 
p.000001:   
p.000001:  Experiments on a pregnant or breastfeeding woman present a particular problem in that there are three parties involved: 
p.000001:  the woman, the unborn or newly-born child and the father. 
p.000001:   
p.000001:  Preliminary remarks 
p.000001:   
p.000001:  -          Before  discussing  the   issue  of  experiments  involving  pregnant  or  breastfeeding women,  it  is 
p.000001:  worth  pointing  out  that,  when  experimenting  on  a  woman  who  is  not pregnant, the presence of a pregnancy has 
p.000001:  to be ruled out before she can be included in the study. Furthermore, the  measures to  be taken to ensure that the 
p.000001:  woman does not become pregnant during the course of the study need to be discussed. 
p.000001:  -          In the case of experiments relating to contraception, due attention should be paid to the problem of the 
p.000001:  possible failure of the contraceptive method and, amongst other things, the issue of an insurance policy in this 
p.000001:  context. 
p.000001:  -          When  evaluating  an  appropriate  protocol  for  experiments  on  pregnant  women,  the local  ethical 
p.000001:  review  committee  should  bear   in  mind  that  various  stages  of  the pregnancy  carry  with  them  a  totally 
p.000001:  different  set  of risks:  possible  effects  on  germ cells  or  the  implantation  of  the  fertilized  egg  cell, 
p.000001:  potential  teratogenic  effects, possible embryotoxic effects and the  impact  on the physiological changes caused  by 
p.000001:  pregnancy as well as on the functioning of the maternal-foetal unit. Therefore, when analysing this problem, it is 
p.000001:  customary to differentiate between a number of different stages: before conception; the first week of the pregnancy; 
p.000001:  the second week up to and including the eighth week, the second and third trimesters and the delivery. 
p.000001:  -           Experiments  involving  a  pregnant  or  breastfeeding  woman  may  be  carried  out  for  a number of 
p.000001:  different reasons, each with their own ethical concerns. 
p.000001:  1.    Research into problems specific to pregnancy (e.g. pregnancy-related pathological complications  such  as 
p.000001:  repeated  miscarriages,  foetal  hypotrophy,  etc.),  but  also physiological  or   physiopathological  research 
p.000001:  (e.g.   in   relation  to   circulatory changes during pregnancy). In this case, both the mother and the child are 
p.000001:  relevant to  the  objectives  of  the  research  and  both  can  benefit  from  the  study  and  its results. 
p.000001:  2.    Research  into  pathological conditions that  are  not  linked  to  pregnancy,  but  that occur  in  pregnant 
p.000001:  women  and,  consequently,  present  particular  diagnostic  or therapeutic  problems,  such  as  the  diagnosis  or 
p.000001:  treatment  of  hyperthyroidosis  or comedocarcinoma. In this case, the concern is mostly for any adverse effects on the 
p.000001:  foetus that might be caused by the medication used. Conversely, the benefits to the foetus are, for the most part, less 
p.000001:  important. 
p.000001:  3.    Research  into  pathological  complications  that  mostly  affect  the  foetus  (e.g. deformities, toxoplasmosis, 
p.000001:  cytomegalovirus). Here, it is mostly the foetus or the child that benefits. The mother, on the other hand, may be 
p.000001:  exposed to a variety of unwanted  side  effects  during  treatment,  such  as  major  risks  in  the  event  of  in- 
p.000001:  utero surgery, for example. This category also includes research into the extent to which  treatment  can  protect 
p.000001:  mother-to-child  (foetus)  transmission  of  the  HIV virus. 
p.000001:  -          Promoters,  researchers  and  local  ethical  review  committees  should  pay  particular attention  to  the 
p.000001:  insurance  issues  facing  such  trials  where  there  is  a  risk  not  only of 
p.000001:   
p.000001:  Final version 
p.000002:  2 
p.000002:   
p.000002:  adversely affecting the course of a pregnancy (foetal death in utero, abortion), but also of  causing  abnormalities 
p.000002:  in  children  which  can  have  lifelong  consequences  (e.g. phocomelia caused by the administration of thalidomide). 
p.000002:  -          The question arises as to whether or not the child or, later, the adult has the right to know if his or her 
p.000002:  mother has taken part in a clinical trial during pregnancy and if so, what compensation is available to him/her for any 
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
p.000002:  woman  and  to  her  foetus  is  a  prerequisite  for  the  woman’s  ability  to  make  a rational decision to enrol in 
p.000002:  a clinical study. In this discussion, if participation in the research might be hazardous to a foetus or a woman if she 
p.000002:  becomes pregnant, the sponsors/ investigators should guarantee the prospective subject a pregnancy test and access to 
p.000002:  effective contraceptive methods before the research commences. Where  such  access  is  not  possible,  for  legal  or 
p.000002:  religious  reasons,  investigators should  not  recruit  for  such  possibly  hazardous  research  women  who  might 
p.000002:  become pregnant. 
p.000002:   
p.000002:  CIOMS Guideline 17: Pregnant women as research participants 
p.000002:  Pregnant women should be presumed to be eligible for participation in biomedical research.   Investigators   and 
p.000002:  ethical   review   committees   should   ensure   that prospective subjects who are pregnant are adequately informed 
p.000002:  about the risks and benefits   to   themselves,   their   pregnancies,   the   foetus   and   their   subsequent 
p.000002:  offspring, and to their fertility. 
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
p.000003:  specifically  with research   during   pregnancy   or   breastfeeding.   The   text   of   this   Protocol   is 
p.000003:  accompanied by an explanatory report. 
p.000003:  Council of Europe - Additional Protocol to the Convention on Human Rights and  Biomedicine,  concerning  Biomedical 
p.000003:  Research  -  Article  18  -  Research during pregnancy or breastfeeding 
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
p.000003:  -          Experiments on pregnant  women present  more  problems than those  on women who are  not  pregnant,  given 
p.000003:  the  possible  risk  to  the  unborn  child.  All  the  precautions required for any experiment whatsoever will 
p.000003:  therefore have to be complied even more stringently in such cases. In addition, particular attention should be paid to 
p.000003:  the need for comprehensive information that is properly understood and for truly informed consent, given only after the 
p.000003:  individual has had sufficient  opportunity to  consider whether or not  to  participate.  In  this  last  regard,  an 
p.000003:  opportunity  must  be  provided  to  consult  a person who is not involved in the research (doctor, nurse, member of 
p.000003:  the local ethical review committee, chaplain, moral consultant, etc.). Researchers and the local ethical review 
p.000003:  committees should pay particular attention to these aspects. 
p.000003:  -          Article  18  of  the  Council  of  Europe’s  “Additional  Protocol  to  the  Convention  on Human  Rights 
p.000003:  and  Biomedicine,  concerning  Biomedical  Research”  sets  out  the conditions to be fulfilled by experiments which do 
p.000003:  not provide any direct benefit  for the pregnant woman or her child. Such experiments may only be carried out when it 
p.000003:  may be presumed that there is no risk, or where the risk is negligible. The Bioethics Advisory Committee  would  like 
p.000003:  to  stress that  such  clinical trials,  where  there  is  no prospect  of direct  benefit  to the  mother or child, 
p.000003:  are  not  permissible during the  first three months of the pregnancy except where the risk of teratogenesis or other 
p.000003:  problems (e.g. premature birth) can be ruled out. It goes without saying that, where a potential research subject is in 
p.000003:  the later stages of pregnancy, trials without direct benefits may only be carried out after careful consideration of 
p.000003:  the relevance of the purpose of this experiment   set   against   the   possible   risks   involved.   The   local 
p.000003:  ethical   review committees, when evaluating the protocols on such trials, should weigh up the benefits 
p.000003:  Final version 
p.000004:  4 
p.000004:   
p.000004:  linked to the expected results against the risks involved in the experiment. If there is no direct benefit to the 
p.000004:  participant, these risks should be negligible. 
p.000004:  -          In trials such as these, it is important to avoid over-representation of women belonging to  socially 
p.000004:  disadvantaged  or  minority  groups,  as  they are  often  less  attentive  to  the potential risks involved in a study 
p.000004:  of this nature. They may, moreover, be attracted by the fact that participation in the trial may mean their receiving 
p.000004:  free medical care. On the  other  hand,  women  from  these  groups  should  not  be  systematically  excluded either. 
p.000004:  It is necessary to ascertain whether or not such women, particularly if they are foreign language speakers, have in 
p.000004:  fact fully understood the consent form presented to them. 
p.000004:  -          The  question  arises  as  to  the  extent  to  which  the  father  of the  unborn  child  (or the partner) 
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
p.000004:  or the development the  unborn  child,  the  pregnancy  involves  both  parents  and  the  responsibility  of  the 
p.000004:  father  cannot  be  denied.  These  members  believe  that  it  is  problematic  to  include  a woman  in  such  a 
p.000004:  trial,  where  there  is  no  agreement  on  her  participation  between herself and  the  father  or  partner,  as 
...
Social / embryo
Searching for indicator embryo:
(return to top)
           
p.000002:  offspring, and to their fertility. 
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
p.000003:  specifically  with research   during   pregnancy   or   breastfeeding.   The   text   of   this   Protocol   is 
p.000003:  accompanied by an explanatory report. 
p.000003:  Council of Europe - Additional Protocol to the Convention on Human Rights and  Biomedicine,  concerning  Biomedical 
p.000003:  Research  -  Article  18  -  Research during pregnancy or breastfeeding 
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
...
Social / parents
Searching for indicator parents:
(return to top)
           
p.000004:  free medical care. On the  other  hand,  women  from  these  groups  should  not  be  systematically  excluded either. 
p.000004:  It is necessary to ascertain whether or not such women, particularly if they are foreign language speakers, have in 
p.000004:  fact fully understood the consent form presented to them. 
p.000004:  -          The  question  arises  as  to  the  extent  to  which  the  father  of the  unborn  child  (or the partner) 
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
p.000004:  or the development the  unborn  child,  the  pregnancy  involves  both  parents  and  the  responsibility  of  the 
p.000004:  father  cannot  be  denied.  These  members  believe  that  it  is  problematic  to  include  a woman  in  such  a 
p.000004:  trial,  where  there  is  no  agreement  on  her  participation  between herself and  the  father  or  partner,  as 
p.000004:  this can cause  conflicts,  for  instance  should  the child display deformities at birth, in view of the resulting 
p.000004:  affective or financial burden which this may imply for the family as a whole. 
p.000004:  In the  case  of experiments which are  not  of any  direct  benefit  to  the  woman or the foetus, some Committee 
p.000004:  members feel that the agreement of the father or partner must be obtained before a trial can begin. Other members would 
p.000004:  contend that the autonomy of the woman takes precedence, even in cases such as these. 
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:  Final version 
p.000005:  5 
p.000005:   
p.000005:  The opinion was prepared by select commission 97/8 – 2004, consisting of: 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint chairmen 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint reporters 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Members 
p.000005:   
p.000005:  A.  André 
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
           
p.000001:  Belgian Advisory Committee on Bioethics 
p.000001:   
p.000001:   
p.000001:  Opinion No. 31 of 5 July 2004 regarding experiments on pregnant and breastfeeding women 
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:   
p.000001:  Final version 
p.000001:  1 
p.000001:   
p.000001:  Introduction 
p.000001:   
p.000001:  In Consultation Document No. 13, which deals with the ethical aspects of experimenting on human beings, the issue of 
p.000001:  clinical trials carried out amongst vulnerable groups was referred for further opinions. 
p.000001:   
p.000001:  Experiments on a pregnant or breastfeeding woman present a particular problem in that there are three parties involved: 
p.000001:  the woman, the unborn or newly-born child and the father. 
p.000001:   
p.000001:  Preliminary remarks 
p.000001:   
p.000001:  -          Before  discussing  the   issue  of  experiments  involving  pregnant  or  breastfeeding women,  it  is 
...
           
p.000003:  the relevance of the purpose of this experiment   set   against   the   possible   risks   involved.   The   local 
p.000003:  ethical   review committees, when evaluating the protocols on such trials, should weigh up the benefits 
p.000003:  Final version 
p.000004:  4 
p.000004:   
p.000004:  linked to the expected results against the risks involved in the experiment. If there is no direct benefit to the 
p.000004:  participant, these risks should be negligible. 
p.000004:  -          In trials such as these, it is important to avoid over-representation of women belonging to  socially 
p.000004:  disadvantaged  or  minority  groups,  as  they are  often  less  attentive  to  the potential risks involved in a study 
p.000004:  of this nature. They may, moreover, be attracted by the fact that participation in the trial may mean their receiving 
p.000004:  free medical care. On the  other  hand,  women  from  these  groups  should  not  be  systematically  excluded either. 
p.000004:  It is necessary to ascertain whether or not such women, particularly if they are foreign language speakers, have in 
p.000004:  fact fully understood the consent form presented to them. 
p.000004:  -          The  question  arises  as  to  the  extent  to  which  the  father  of the  unborn  child  (or the partner) 
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
p.000004:  or the development the  unborn  child,  the  pregnancy  involves  both  parents  and  the  responsibility  of  the 
p.000004:  father  cannot  be  denied.  These  members  believe  that  it  is  problematic  to  include  a woman  in  such  a 
p.000004:  trial,  where  there  is  no  agreement  on  her  participation  between herself and  the  father  or  partner,  as 
p.000004:  this can cause  conflicts,  for  instance  should  the child display deformities at birth, in view of the resulting 
p.000004:  affective or financial burden which this may imply for the family as a whole. 
p.000004:  In the  case  of experiments which are  not  of any  direct  benefit  to  the  woman or the foetus, some Committee 
p.000004:  members feel that the agreement of the father or partner must be obtained before a trial can begin. Other members would 
p.000004:  contend that the autonomy of the woman takes precedence, even in cases such as these. 
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:  Final version 
p.000005:  5 
p.000005:   
p.000005:  The opinion was prepared by select commission 97/8 – 2004, consisting of: 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint chairmen 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint reporters 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Members 
p.000005:   
p.000005:  A.  André 
p.000005:  N.  Becker 
p.000005:  P.   Cosyns 
p.000005:  M. Dumont 
p.000005:  Y.  Englert 
p.000005:  Y.  Galloy 
p.000005:  R.  Lallemand 
p.000005:  L.   Leunens 
p.000005:  G.  Rorive 
p.000005:  G.  Verdonk 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Member of the Bureau 
p.000005:   
p.000005:  J.-A. Stiennon 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Member of the secretariat: V. Weltens 
p.000005:   
p.000005:   
p.000005:  The   working   documents   of   select   commission   97/8   –   2004   –   questions,   personal contributions  of 
p.000005:  the  members,  minutes  of  meetings,  documents  consulted  -  are  stored  as Annexes 97/8 – 2004 at the Committee’s 
p.000005:  documentation centre, where they may be consulted and copied. 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Final version 
...
General/Other / Impaired Autonomy
Searching for indicator autonomy:
(return to top)
           
p.000003:  ethical   review committees, when evaluating the protocols on such trials, should weigh up the benefits 
p.000003:  Final version 
p.000004:  4 
p.000004:   
p.000004:  linked to the expected results against the risks involved in the experiment. If there is no direct benefit to the 
p.000004:  participant, these risks should be negligible. 
p.000004:  -          In trials such as these, it is important to avoid over-representation of women belonging to  socially 
p.000004:  disadvantaged  or  minority  groups,  as  they are  often  less  attentive  to  the potential risks involved in a study 
p.000004:  of this nature. They may, moreover, be attracted by the fact that participation in the trial may mean their receiving 
p.000004:  free medical care. On the  other  hand,  women  from  these  groups  should  not  be  systematically  excluded either. 
p.000004:  It is necessary to ascertain whether or not such women, particularly if they are foreign language speakers, have in 
p.000004:  fact fully understood the consent form presented to them. 
p.000004:  -          The  question  arises  as  to  the  extent  to  which  the  father  of the  unborn  child  (or the partner) 
p.000004:  should be involved in giving informed consent. 
p.000004:  The  members of the  Advisory Committee  are  of the  opinion that  the  autonomy and decision of the woman must take 
p.000004:  precedence in the case of experiments which might be of therapeutic benefit to the woman or the child she is bearing. 
p.000004:  Nonetheless, they feel that, in the case of a stable relationship, it is highly recommended that the father or partner 
p.000004:  be consulted. Certain members of the Advisory Committee, some more than others,  wish  to  underline  the  role  of the 
p.000004:  father  here.  They  feel  that,  whilst  it  is  the woman who mostly bears the burden of any risks to the pregnancy 
p.000004:  or the development the  unborn  child,  the  pregnancy  involves  both  parents  and  the  responsibility  of  the 
p.000004:  father  cannot  be  denied.  These  members  believe  that  it  is  problematic  to  include  a woman  in  such  a 
p.000004:  trial,  where  there  is  no  agreement  on  her  participation  between herself and  the  father  or  partner,  as 
p.000004:  this can cause  conflicts,  for  instance  should  the child display deformities at birth, in view of the resulting 
p.000004:  affective or financial burden which this may imply for the family as a whole. 
p.000004:  In the  case  of experiments which are  not  of any  direct  benefit  to  the  woman or the foetus, some Committee 
p.000004:  members feel that the agreement of the father or partner must be obtained before a trial can begin. Other members would 
p.000004:  contend that the autonomy of the woman takes precedence, even in cases such as these. 
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:   
p.000004:  Final version 
p.000005:  5 
p.000005:   
p.000005:  The opinion was prepared by select commission 97/8 – 2004, consisting of: 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint chairmen 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Joint reporters 
p.000005:   
p.000005:  M. Bogaert 
p.000005:  M.-L. Delfosse 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Members 
p.000005:   
p.000005:  A.  André 
p.000005:  N.  Becker 
p.000005:  P.   Cosyns 
p.000005:  M. Dumont 
p.000005:  Y.  Englert 
p.000005:  Y.  Galloy 
p.000005:  R.  Lallemand 
p.000005:  L.   Leunens 
p.000005:  G.  Rorive 
p.000005:  G.  Verdonk 
p.000005:   
p.000005:   
p.000005:   
p.000005:  Member of the Bureau 
p.000005:   
p.000005:  J.-A. Stiennon 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:  Member of the secretariat: V. Weltens 
p.000005:   
p.000005:   
p.000005:  The   working   documents   of   select   commission   97/8   –   2004   –   questions,   personal contributions  of 
p.000005:  the  members,  minutes  of  meetings,  documents  consulted  -  are  stored  as Annexes 97/8 – 2004 at the Committee’s 
p.000005:  documentation centre, where they may be consulted and copied. 
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
p.000005:   
...
General/Other / cioms guidelines
Searching for indicator cioms:
(return to top)
           
p.000001:  -          Promoters,  researchers  and  local  ethical  review  committees  should  pay  particular attention  to  the 
p.000001:  insurance  issues  facing  such  trials  where  there  is  a  risk  not  only of 
p.000001:   
p.000001:  Final version 
p.000002:  2 
p.000002:   
p.000002:  adversely affecting the course of a pregnancy (foetal death in utero, abortion), but also of  causing  abnormalities 
p.000002:  in  children  which  can  have  lifelong  consequences  (e.g. phocomelia caused by the administration of thalidomide). 
p.000002:  -          The question arises as to whether or not the child or, later, the adult has the right to know if his or her 
p.000002:  mother has taken part in a clinical trial during pregnancy and if so, what compensation is available to him/her for any 
p.000002:  harm which may be suffered. The question  of  the  extent  to  which  the  informed  consent  of  the  mother  involves 
p.000002:  her unborn child is a subject of controversy. 
p.000002:  -           A number of guidelines relating to experiments involving pregnant and breastfeeding women already exist: 
p.000002:  1.    In  November  2002,  the  ‘Council  for  International  Organizations  of  Medical Sciences’ (CIOMS)  issued  the 
p.000002:  “International  Ethical  Guidelines for Biomedical Research  Involving  Human  Subjects”.  Guideline  No.  16 
p.000002:  discusses  women  as research   subjects   and   in   particular,   those   who   become   pregnant   whilst 
p.000002:  participating  in  a  study.  Guideline  17  deals  more  specifically  with  pregnant woman as research subjects. The 
p.000002:  guidelines are also  accompanied  by individual commentaries. 
p.000002:  These guidelines are as follows: 
p.000002:  CIOMS Guideline 16: Women as research subjects 
p.000002:  Investigators, sponsors or ethical review  committees should  not  exclude women of  reproductive  age   from 
p.000002:  biomedical  research.   The   potential  for   becoming pregnant during a study should not, in itself, be used as a 
p.000002:  reason for precluding or limiting  participation.  However,  a  thorough  discussion  of  risks  to  the  pregnant 
p.000002:  woman  and  to  her  foetus  is  a  prerequisite  for  the  woman’s  ability  to  make  a rational decision to enrol in 
p.000002:  a clinical study. In this discussion, if participation in the research might be hazardous to a foetus or a woman if she 
p.000002:  becomes pregnant, the sponsors/ investigators should guarantee the prospective subject a pregnancy test and access to 
p.000002:  effective contraceptive methods before the research commences. Where  such  access  is  not  possible,  for  legal  or 
p.000002:  religious  reasons,  investigators should  not  recruit  for  such  possibly  hazardous  research  women  who  might 
p.000002:  become pregnant. 
p.000002:   
p.000002:  CIOMS Guideline 17: Pregnant women as research participants 
p.000002:  Pregnant women should be presumed to be eligible for participation in biomedical research.   Investigators   and 
p.000002:  ethical   review   committees   should   ensure   that prospective subjects who are pregnant are adequately informed 
p.000002:  about the risks and benefits   to   themselves,   their   pregnancies,   the   foetus   and   their   subsequent 
p.000002:  offspring, and to their fertility. 
p.000002:  Research  in  this  population  should  be  performed  only  if  it  is  relevant  to  the particular health needs of a 
p.000002:  pregnant woman or her foetus, or to the health needs of pregnant women in general, and, when appropriate, if it is 
p.000002:  supported by reliable evidence  from animal experiments,  particularly as to  risks of teratogenicity and mutagenicity. 
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:   
p.000002:  Final version 
p.000003:  3 
p.000003:   
p.000003:  2.    On 30 June 2004, the Committee of Ministers of the Council of Europe adopted the  “Additional  Protocol  to  the 
p.000003:  Convention  on Human  Rights and Biomedicine, concerning  Biomedical  Research”,  of  which  Article  18  deals 
...
           
p.000003:  1.  Research on a pregnant woman, which does not have the potential to produce results of direct benefit to her health, 
p.000003:  or to that of her embryo, foetus or child after birth,  may only be undertaken if the  following additional conditions 
p.000003:  are met: 
p.000003:  i.     the research has the aim of contributing to the ultimate attainment of results capable of conferring benefit to 
p.000003:  other women in relation to reproduction or to other embryos, foetuses or children; 
p.000003:  ii.    research  of comparable  effectiveness  cannot  be  carried  out  on  women  who are not pregnant; 
p.000003:  iii.   the research entails only minimal risk and minimal burden. 
p.000003:  2.  Where research is undertaken on a breastfeeding woman, particular care shall be taken to avoid any adverse impact 
p.000003:  on the health of the child. 
p.000003:   
p.000003:  Recommendations 
p.000003:   
p.000003:  The  members of the  Advisory Committee on Bioethics uphold  Article 18 of the Council of Europe’s  “Additional 
p.000003:  Protocol  to  the  Convention  on  Human  Rights  and  Biomedicine, concerning Biomedical Research”, as well as 
p.000003:  Guidelines 16 and 17 issued by the CIOMS, but nevertheless wish to draw attention to a number of points. 
p.000003:  -          Experiments on pregnant  women present  more  problems than those  on women who are  not  pregnant,  given 
p.000003:  the  possible  risk  to  the  unborn  child.  All  the  precautions required for any experiment whatsoever will 
p.000003:  therefore have to be complied even more stringently in such cases. In addition, particular attention should be paid to 
p.000003:  the need for comprehensive information that is properly understood and for truly informed consent, given only after the 
p.000003:  individual has had sufficient  opportunity to  consider whether or not  to  participate.  In  this  last  regard,  an 
p.000003:  opportunity  must  be  provided  to  consult  a person who is not involved in the research (doctor, nurse, member of 
p.000003:  the local ethical review committee, chaplain, moral consultant, etc.). Researchers and the local ethical review 
p.000003:  committees should pay particular attention to these aspects. 
p.000003:  -          Article  18  of  the  Council  of  Europe’s  “Additional  Protocol  to  the  Convention  on Human  Rights 
p.000003:  and  Biomedicine,  concerning  Biomedical  Research”  sets  out  the conditions to be fulfilled by experiments which do 
p.000003:  not provide any direct benefit  for the pregnant woman or her child. Such experiments may only be carried out when it 
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability | 
|---|
| HIV | HIV/AIDS | 
| access | Access to Social Goods | 
| age | Age | 
| autonomy | Impaired Autonomy | 
| breastfeeding | breastfeeding | 
| child | Child | 
| children | Child | 
| cioms | cioms guidelines | 
| embryo | embryo | 
| family | Motherhood/Family | 
| foetus | Fetus/Neonate | 
| foetuses | Fetus/Neonate | 
| language | Linguistic Proficiency | 
| minority | Racial Minority | 
| opinion | philosophical differences/differences of opinion | 
| parents | parents | 
| pregnant | Pregnant | 
| religious | Religion | 
| vulnerable | vulnerable | 
| women | Women | 
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers | 
|---|
| child | ['children'] | 
| children | ['child'] | 
| foetus | ['foetuses'] | 
| foetuses | ['foetus'] | 
Trigger Words
consent
harm
protect
risk
Applicable Type / Vulnerability / Indicator Overlay for this Input