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Whistleblowing legislation and reporting on research misconduct: A case for mutual learning
1Cnrs, Ctad (Umr 7074), Université Paris Nanterre, Nanterre, France.
Accountability in Research
|July 25, 2023
Summary
Research misconduct reporting regulations and whistleblower protection laws have developed separately. This analysis examines their convergence and divergence, offering insights for improved legal frameworks and whistleblower protections.
Area of Science:
- Legal Studies
- Science Policy
- Research Ethics
Background:
- Regulations for reporting research misconduct evolved significantly since the 1980s.
- State legislation for whistleblower protection and alert reception also developed concurrently.
- These legislative areas, while sharing reporting aims, have largely developed in isolation.
Purpose of the Study:
- To analyze convergences and divergences between whistleblowing legislation and research misconduct reporting.
- To identify potential contributions of each legal framework to the other.
- To propose avenues for improving procedures and protections for whistleblowers in research misconduct contexts.
Main Methods:
- Analysis of European Union law.
- Examination of French transposition of EU law.
- Comparative legal analysis of whistleblowing and research misconduct reporting frameworks.
Main Results:
- Identified specific convergences and divergences between the two legal domains.
- Highlighted how whistleblowing law can inform research misconduct procedures and vice versa.
- Demonstrated the need for better integration of these legal frameworks.
Conclusions:
- Existing legal frameworks for research misconduct reporting and whistleblower protection require better linkage.
- Integrating insights from both areas can enhance procedural efficacy and protection levels.
- Further development should focus on harmonizing these related but isolated legislative efforts.
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