Jove
Visualize
Contact Us
JoVE
x logofacebook logolinkedin logoyoutube logo
ABOUT JoVE
OverviewLeadershipBlogJoVE Help Center
AUTHORS
Publishing ProcessEditorial BoardScope & PoliciesPeer ReviewFAQSubmit
LIBRARIANS
TestimonialsSubscriptionsAccessResourcesLibrary Advisory BoardFAQ
RESEARCH
JoVE JournalMethods CollectionsJoVE Encyclopedia of ExperimentsArchive
EDUCATION
JoVE CoreJoVE BusinessJoVE Science EducationJoVE Lab ManualFaculty Resource CenterFaculty Site
Terms & Conditions of Use
Privacy Policy
Policies

Related Concept Videos

You might also read

Related Articles

Articles linked to this work by shared authors, journal, and citation graph.

Sort by
Same author

Participant Selection for Inpatient Physical Rehabilitation.

Journal of law and medicine·2022
Same author

Establishing an acute admission unit for older people at a New Zealand hospital.

The New Zealand medical journal·2022
Same author

Should older people ever be discharged from hospital at night?

Journal of bioethical inquiry·2022
Same author

Perceived versus objective sleep quality in long-stay hospitalised older adults-a mixed methods study.

Age and ageing·2021
Same author

Classifying discharge scenarios to improve understanding and care.

Age and ageing·2020
Same author

'Not safe for discharge'? Words, values, and person-centred care.

Age and ageing·2019

Related Experiment Video

Updated: Feb 8, 2026

Integrating Computerized Linguistic and Social Network Analyses to Capture Addiction Recovery Capital in an Online Community
08:53

Integrating Computerized Linguistic and Social Network Analyses to Capture Addiction Recovery Capital in an Online Community

Published on: May 31, 2019

5.8K

Best Interests and Non-consensual Research.

Brent Hyslop1,2

  • 1Clinical Senior Lecturer, Department of Medicine, Dunedin School of Medicine, University of Otago.

Journal of Law and Medicine
|July 7, 2018
PubMed
Summary

Clinical research with adults unable to consent (non-consensual research) faces legal challenges. This article argues a "best interests" legal standard can be met, advocating for its reconsideration and a dual approach to reform.

Keywords:
best interestsclinical researchnon-consensual researchresearch ethics

More Related Videos

Dextran Enhances the Lentiviral Transduction Efficiency of Murine and Human Primary NK Cells
08:42

Dextran Enhances the Lentiviral Transduction Efficiency of Murine and Human Primary NK Cells

Published on: January 15, 2018

11.7K
Cytotoxic Efficacy of Photodynamic Therapy in Osteosarcoma Cells In Vitro
08:04

Cytotoxic Efficacy of Photodynamic Therapy in Osteosarcoma Cells In Vitro

Published on: March 18, 2014

13.2K

Related Experiment Videos

Last Updated: Feb 8, 2026

Integrating Computerized Linguistic and Social Network Analyses to Capture Addiction Recovery Capital in an Online Community
08:53

Integrating Computerized Linguistic and Social Network Analyses to Capture Addiction Recovery Capital in an Online Community

Published on: May 31, 2019

5.8K
Dextran Enhances the Lentiviral Transduction Efficiency of Murine and Human Primary NK Cells
08:42

Dextran Enhances the Lentiviral Transduction Efficiency of Murine and Human Primary NK Cells

Published on: January 15, 2018

11.7K
Cytotoxic Efficacy of Photodynamic Therapy in Osteosarcoma Cells In Vitro
08:04

Cytotoxic Efficacy of Photodynamic Therapy in Osteosarcoma Cells In Vitro

Published on: March 18, 2014

13.2K

Area of Science:

  • Legal and Ethical Frameworks in Clinical Research
  • Medical Law and Bioethics
  • Regulatory Standards for Human Subject Research

Background:

  • Clinical research involving adults unable to provide informed consent (non-consensual research - NCR) presents significant legal and ethical complexities.
  • Current legal standards, particularly the 'best interests' test used in New Zealand, are debated regarding their applicability to NCR.
  • There is a prevailing view that existing legal standards are insufficient, necessitating new frameworks for valuable NCR to proceed.

Purpose of the Study:

  • To critically evaluate the suitability of the 'best interests' test as a legal standard for non-consensual research (NCR).
  • To argue that the 'best interests' test can indeed be satisfied within the context of NCR.
  • To propose a dual approach for legal reform, potentially integrating the 'best interests' test with new, specific standards.

Main Methods:

  • Legal analysis of the 'best interests' test in the context of non-consensual research (NCR).
  • Examination of existing legal scholarship and arguments challenging the applicability of the 'best interests' test.
  • Development of a theoretical framework supporting the satisfaction of the 'best interests' test in NCR and proposing reform recommendations.

Main Results:

  • The article contends that the 'best interests' test is a viable and suitable benefit-harm standard for evaluating non-consensual research (NCR).
  • It demonstrates that the 'best interests' test can be practically satisfied, contrary to existing claims.
  • The study suggests that maintaining the 'best interests' test alongside a new, more specific legal standard offers a synergistic and effective reform strategy.

Conclusions:

  • The 'best interests' test should be reconsidered as an appropriate legal standard for non-consensual research (NCR).
  • A dual legal approach, combining the 'best interests' test with a new, specific standard, is recommended for current discussions on reforming NCR regulations.
  • This integrated strategy can facilitate valuable research while upholding ethical and legal safeguards for participants unable to consent.