In this episode, I explain what the Nuremberg Code is, its status as an important foundational code of ethics (it is not a law), its application to medical research and experimentation on human beings; and its current relevance.

I also explain the status of the fundamental human right to consent to receive medical treatment, as it applies in Australia.

Show Notes

[1:28] I explain that the Doctors' Trial was one of the Nuremberg Trials that occurred after World War II and was heard before  United States Military Tribunal.

[3:42] The Doctors' Trial resulted in the creation of the Nuremberg Code, which is a set of 10 ethical principles that concern human experimentation, so that nobody else would suffer what prisoners of war and civilians did at the hands of Nazi doctors.

[5:40] The Nuremberg Code is a vital human rights document but it is not a law and has not be adopted as a law in any country, in its entirety.

[6:27] The Nuremberg Code sets out ethics for medical experimentation on human beings, and not medical treatment in general.

[7:25] The Nuremberg Code is a historical document. Most ethics committees, doctors and scientists today refer to the Helsinki Declaration, which is updated and reviewed regularly, or in the US, the Common Rule.

[8:34] The principle of voluntary and informed consent which is a key contribution of the Nuremberg Code is a fundamental human right that applies to any form of medical treatment.

[9:20] Full and informed consent  is recognised as a human right in Australian human rights legislation in Queensland, Victoria and the Australian Capital Territory. These provisions are based on Art. 7 of the International Covenant on Civil and Political Rights.

[11:01] The High Court of Australia has recognised the principle of informed consent to medical treatment in the case of Rogers v Whittaker which imposed a duty on doctors to procure such consent from patients.

For more information, please visit the episode page on the New Earth lawyer website.