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Published on: May 10, 2016
Law and ethics in consensual harm
1Advocate, Courtyard Attorneys, 47/1345, MIG Adarsh Nagar, Worli, Mumbai 400 030, India., courtyard attorneys@gmail.com.
Abstract:
In recent times there has been an emerging interest in conducting Controlled Human Infection Model studies in low-and-middle-income countries, in which healthy human beings are infected with weakened pathogen strains under controlled conditions. These volunteers are monitored closely so that cures and prevention methods can be developed for the disease. Such studies call into question the legal sophistry of taking consent to harm a person by justifying it for the greater good or advancement of science. This paper analyses the law on the subject and the ethics of obtaining consent to harm another human being as in the context of Controlled Human Infection Models.
Insights
Controlled Human Infection Model studies involve infecting healthy volunteers with pathogens to develop cures. This research examines the complex legal and ethical issues surrounding informed consent for harm in these vital scientific endeavors.
Area of Science:
- Biomedical research ethics
- Infectious disease modeling
Background:
- Growing interest in Controlled Human Infection Model (CHIM) studies in low-and-middle-income countries.
- CHIM studies involve controlled infection of healthy volunteers with attenuated pathogens.
- These studies aim to accelerate the development of disease preventions and cures.
Purpose of the Study:
- To analyze the legal and ethical considerations of obtaining consent for harm in CHIM studies.
- To examine the justification of potential harm to individuals for the greater good or scientific advancement.
Main Methods:
- Legal analysis of consent to harm principles.
- Ethical review of CHIM study protocols.
- Examination of existing literature on research ethics and human subject protection.
Main Results:
- Identified legal complexities in justifying "consent to harm" for scientific benefit.
- Highlighted ethical challenges in balancing individual rights with public health goals.
- Discussed the "greater good" argument in the context of human experimentation.
Conclusions:
- CHIM studies present unique ethical dilemmas regarding informed consent.
- A thorough legal and ethical framework is crucial for conducting CHIM studies responsibly.
- Further discourse is needed to navigate the nuances of consent for harm in medical research.
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