Biology Reference
In-Depth Information
knowledge associated with genetic resources through this mechanism shall be used to
support the conservation of biological diversity and the sustainable use of its components
globally (CBD
2010
: 8).
Particularly noteworthy for the purposes of this topic is the fact that the Nagoya
Protocol refers to human genetic resources, namely human pathogens, in the intro-
duction: '
Mindful
of the International Health Regulations (2005) of the World
Health Organization (WHO
2007
) and the importance of ensuring access to human
pathogens for public health preparedness and response purposes' (CBD
2010
: 3).
9
Likewise, it is significant that 'access to affordable treatments by those in need,
especially in developing countries' is included in article 8 among the special con-
siderations that must be observed when regulating access to genetic resources.
These provisions in the Nagoya Protocol represent the first cautious appearance
of human genetic resources in the CBD since their exclusion in 1995. We shall
now move on to the main international ethics guidelines that contain benefit shar-
ing provisions.
3.3 Declaration of Helsinki
3.3.1 History
In 1926, doctors from several countries formed the Association Professionnelle
Internationale des Médecins, an organization aimed at discussing the problems of
practising medicine across borders. The organization suspended operations during
the Second World War after achieving a membership of 23 countries. During the
war, the British Medical Association became the new focal point for doctors who
wanted to compare medical practice in different countries. Two conferences held
in London initiated plans to form a new organization, which was to be called the
World Medical Association (WMA). In 1947, the First General Assembly of the
WMA was held in Paris, with founder members from 27 countries. In particular
the atrocities committed in the name of medical research during the Second World
War had prompted a renewed focus on collaboration across borders.
Work amongst the country delegations of the WMA culminated in the adoption
of the Declaration of Helsinki.
10
The declaration is part of the international regime
that governs medical research involving humans. Of course, other international
9
This development, the mentioning of human pathogens in the Nagoya Protocol, marks a depar-
ture from the approach otherwise taken in CBD legislation, which since 1995 excludes material
of human origin.
10
It should be noted that prior to the Second World War, no international ethical standards
existed to regulate research on human subjects. National standards were also scarce. For a
detailed look at the history and development of the Declaration of Helsinki see Human and Fluss
(
2001
).
