CLINICAL RESEARCH AND DISABILITY

AN APPROACH FROM THE INTERNATIONAL CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Abstract

Th is paper examines, from the perspective of the International Convention on the Rights of Persons with Disabilities, one particular aspect of the biomedical research-the clinical research involving people with disabilities. The normative relevance of this aspect is that the participation of this group of people in clinical research raises several challenges to the theory of rights-questioning their ability to exercise the rights they are entitled. Th is questioning is not only about how it is possible to carry out the process of information and how to obtain consent but also the convenience of their own inclusion. All clinical research, whose ultimate justifi cation lies in the benefi ts that may result in the increase of knowledge in terms of improvement of medicine, must avoid exploitation, subjection to cruel, inhuman and degrading treatment and discrimination against people with disabilities, and it must respect their ability to make their own decisions. For people with disabilities, this respect for their capacity is achieved by developing an information process that is accessible, appropriate to the specifi c needs of each person, taking reasonable accommodations, allowing them the necessary support to consent the inclusion in clinical research. In the case of profound mental disability, it is required the presence of a person who is subrogated to the decision.