International Bioethics Committee (IBC)
Public Hearing Day of non-governmental organizations and institutions
on Human Genetic Data
Kati Myllymäki
M.D. specialist in family medicine
President of World Medical Association
www.wma.net
kati.myllymaki@stm.vn.fi
The World Medical Association (WMA) is an independent confederation
of free medical associations representing physicians all over
the world. WMA was founded in 1947 when physicians gathered together
to discuss human rights violations conducted by physicians during
the Second World War. WMA has nearly 80 member associations representing
more than 8 million physicians around the world.
The aim of the WMA is to serve humanity and to achieve the highest
international standards in medical education, medical science,
medical art and medical ethics and health care for all
people of the world. The best known WMA document is the Declaration
of Helsinki on ethical principles for medical research involving
human subjects.
We thank for the opportunity to comment on the Revised Outline
of the International Declaration on Human Genetic Data. As we
have not had our own decision-making meetings (Medical Ethics
Committee), my comments are based on our earlier decisions: declarations,
resolutions and statements.
Applicable WMA documents are Declaration of Helsinki (1964,2002),
Statement on Genetic Counselling and Genetic Engineering (1987),
Declaration on the Human Genome Project (1992), Declaration of
Lisbon on the Rights of the Patient (1981,1995), Resolution on
Cloning (1997) and the most recent ones: Declaration on Medical
Ethics and Advanced Medical Technology (2002) and Declaration
on Ethical Considerations Regarding Health Databases (2002). These
documents are available on our website (www.wma.net).
The Declaration of Helsinki is about ethical principles for medical
research involving human subjects
- not only about randomised clinical pharmaceutical trials. The
last revision of Helsinki (2000) defined the scope of the Declaration
as "medical research involving human subjects includes research
on identifiable human material or identifiable data". It
was acknowledged that medicine and medical research have changed
rapidly and the important issues of informed consent, confidentiality
and risks and burdens have a new importance to our patients as
well as healthy volunteers in research. We congratulate IBC for
addressing these problems in the new version of the document.
WMA decided upon a statement on Genetic counselling and genetic
engineering in Madrid in 1987 which addressed the possibilities
of modern technology to screen and evaluate prospective parents
for genetic disease before conception and in utero. The basic
difficulty about abortion is described. "Physicians engaged
in genetic counselling are ethically obligated to provide prospective
parents with the basis for an informed decision for childbearing.
Where a genetic defect is found in the foetus, the prospective
parents may, or may not, request an abortion. Physicians, for
personal moral reasons may, or may not, oppose the provision of
contraception, sterilization or abortion as part of the genetic
counselling services. Whether they advocate or oppose providing
such services, physicians should avoid the imposition of their
personal moral values and the substitution of their own moral
judgment for that of the prospective parents.
Physicians who consider contraception, sterilization and abortion
to be in conflict with their moral values and conscience may choose
not to provide genetic services. However, in appropriate circumstances,
the physician is nevertheless obligated to alert prospective parents
that a potential genetic problem does exist, and that the patient
should seek medical genetic counselling from a qualified specialist.
About genetic engineering research this document refers to the
Declaration of Helsinki especially about informed, voluntary and
written consent. WMA states that appropriate guidance must be
provided by the scientific community, medicine, industry, government
and the public to regulate research in genetic engineering.
WMA Declaration on Human Genome Project was adopted in Marbella
in 1992. This Declaration deals with evaluation of risk versus
advantage. It emphasizes strongly respect for a person as a human
being, respect for autonomy and respect for privacy. This document
clearly states that information should not be passed on to a third
party without consent. "Even if family members of the patient
may be at risk, medical secrecy has to be kept unless there is
a serious harm and this harm could be avoided by disclosing the
information."
The Declaration of Lisbon on the Rights of the Patient (1981,
amended 1995) is one of the key documents of WMA. It states that
"the patient has right to be fully informed about his/her
health status including the medical facts about his/her condition
The patient has the right not to be informed on his/her explicit
request, unless required for the protection of another person's
life. All identifiable data must be protected. Human substances
from which identifiable data can be derived must be likewise protected.
The patient's dignity and right to privacy shall be respected
at all times in medical care and teaching, as shall his/her culture
and values."
In Paris in 1997 WMA adopted a resolution on cloning : "WMA
calls on doctors engaged in research and other researchers to
abstain voluntarily from participating in the cloning of
human beings until the scientific, ethical and legal issues
have been fully considered by doctors and scientists, and any
necessary controls put in place."
Last year in Washington, Medical Ethics and Advanced Medical
Technology was discussed. In the adopted Declaration, it is said
that "efforts must be made to ensure the provision of comprehensive
medical education as a way to deepen the understanding that at
the heart of medicine is a love for all humanity".
In 2002 also, a Declaration on Ethical Considerations Regarding
Health Databases was adopted. The background to this declaration
was the so-called Icelandic Database which aroused great concern
about confidentiality of patient records combined with genealogic
data. As this document is the latest one by WMA and it addresses
the very same problems as the IBC document, the full text is added:
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