The World Medical Association (WMA) has embarked on an 18 month process to amend the Declaration of Helsinki in October 2008.1 After a period of consultation to identify gaps and areas for improvement in the current text, a working groups is currently working on an initial draft to be circulated to National Medical Associations (NMAs) and other stakeholders around the end of this year. Comments from these groups will be considered for a second draft, which will be considered by the WMA’s Medical Ethics Committee and Council and again by the NMAs before being passed to the 59th General Assembly (to be held in Seoul) for adoption.
This is a rigorous and relatively transparent process, but it omits two fundamental questions: whether a document such as the Declaration should exist at all, and if so, whether the WMA is the appropriate body to oversee it.
Do we need a universal standard for research ethics?
I’ve written previously2 on the debate over whether a universal standard for research ethics is achievable or desirable. There are strong arguments on either side; on one hand, using anything other than universal standards to determine what is ethically permissible undermines the rights and dignity of those subject to lower standards than others elsewhere. On the other, different societies and cultures have reached their own consensus over time on practices they consider acceptable, and if the ‘universal’ standard is in reality a Western, Christian, liberal standard, then to impose it on other societies denies their right to autonomy.
If the Declaration of Helsinki didn’t exist, to misquote Voltaire, would it be necessary to invent it? This is a very difficult question. Fortunately, though, the situation we face is slightly different, so pragmatism can prevail: abandoning the concept of the Declaration would result in such ethical chaos and socio-political upheaval that there is no practical alternative but to keep it… or, at least, something like it.
Who should set the standard?
In my opinion, the more compelling question is whether the WMA is the right body to set the standard for whether a proposed clinical study is ethical. Physicians have no monopoly on ethical practice, and the Research Ethics Committees referring to the Declaration to give opinions on individual studies now comprise a far more diverse range of scientists and lay people than was the case in 1964. The 43-year history of the Declaration has seen it diverge from the opinions of other stakeholders to the extent that key documents such as the EU Clinical Trials Directive cite versions of the Declaration which the WMA considers superseded. Since the current version was adopted in 2000, it has twice been “clarified”, softening its position on placebo controls and post-trial access. While these clarifications were broadly welcomed, the fact that they were needed at all further undermines the current drafting and adoption process.
Clearly, to arrive at a document that will be complied with by all and incorporated into legal documents, a more inclusive drafting process is required. The current amendment process is certainly more inclusive and transparent than previous ones, but the final decisions still rest within the WMA. I would like to see a process involving the WMA, but also patient representatives, regulators, industry and professional ethicists on an equal footing. Representatives should come from developed and developing regions, for open debate without deference or power-politics.
Replaced, not now but soon
Of course, it is wholly impractical for this kind of new process to be completed by October 2008, but the current Declaration is creaking slightly and in need of attention. The WMA should continue on its course towards a 2008 revision, but then immediately set the scene for the creation of a successor to be drafted and adopted by a multi-disciplined body in 2010. With a new name and a broader mandate, this document should be free from the Declaration’s ‘baggage’, and acceptable and workable for all, to protect patients while facilitating the development of new medicines.
References
- http://www.wma.net/e/ethicsunit/helsinki.htm
- Smith A (2007): “Does One Size Fit All? Are Universal Standards of Research Ethics Achievable… or Even Desirable?” CRfocus 18(4), p4.