Justice et paternalisme dans les essais précoces en cancérologie

Abstract

Some recent discussions on clinical research ethics such as early cancer trials drew attention to the paternalistic nature of the ethical framework necessary to protect the interests of people. More specifically, it has been suggested by some authors that a clinical trial which requires a high level of risk research should be considered ethically unacceptable. In this article, I begin by outlining an argument in favor of a paternalistic restriction of the freedom of individuals to participate in early trials. I continue by making two objections to this paternalistic argument. Then I explain how this paternalistic argument can be defended when it is based on considerations of distributive justice. I conclude by noting that although the paternalistic argument for distributive justice must be dismissed, the fact is that anyway paternalism is inevitable in public health policy.

Some recent discussions on clinical research ethics such as early cancer trials drew attention to the paternalistic nature of the ethical framework necessary to protect the interests of people. More specifically, it has been suggested by some authors that a clinical trial which requires a high level of risk research should be considered ethically unacceptable. In this article, I begin by outlining an argument in favor of a paternalistic restriction of the freedom of individuals to participate in early trials. I continue by making two objections to this paternalistic argument. Then I explain how this paternalistic argument can be defended when it is based on considerations of distributive justice. I conclude by noting that although the paternalistic argument for distributive justice must be dismissed, the fact is that anyway paternalism is inevitable in public health policy