MEDICAL EXPERIMENTATION ON HUMANS IN ALGERIAN LAW -"LIMITS OF LEGITIMACY AND CRIMINAL LIABILITY"
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Abstract
This article examines the legal framework governing medical experimentation in Algeria, highlighting the ethical and legal aspects related to conducting medical research on human subjects. It establishes the concept of medical experimentation, reviewing its importance for scientific progress while also highlighting the risks that may arise if legal and humanitarian principles are violated. The article also outlines the conditions for conducting medical experimentation in Algerian law, in accordance with Law No. 18-11 on health, particularly with regard to patient consent, legal protection, and the obligations of the physician-researcher. In its criminal section, the article focuses on the legal liability that may arise when these controls are violated. It addresses the elements of the crime resulting from an illegal medical experiment and the penalties stipulated in this context, in addition to referencing some relevant international principles, such as the Helsinki Convention.
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References
First: Legal Documents.
Law No. 18/11 of July 2, 2018, containing the Algerian Health Code, Official Gazette No. 46, issued on July 28, 2018. Amended by Order No. 20/02 of August 30, 2020, Official Gazette No. 50, issued on August 30, 2020.
Executive Decree No. 92/276 of July 6, containing the Code of Medical Ethics, Official Gazette No. 52, issued in 1992.
Second: Books.
Jamal al-Din Muhammad ibn Makram (Ibn Manzur), Lisan al-Arab, 3rd ed., Dar al-Mufakir, Lebanon, 1994, vol. 5.
Al-Shadiqat Safwan Muhammad: Criminal Liability for Medical Workers, Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2011.
Lafi Majid Majd: Criminal Liability Arising from Medical Error, 2nd ed., Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2012.
Al-Fadl Munther: Medical Liability, 1st ed., Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2011.
Third: University Theses.
Al-Boushi Youssef: The Human Body and the Impact of Medical Advances on the Scope of Its Criminal Protection, a dissertation for a PhD in Private Law, Ibn Khaldoun University, Tiaret, 2012/2013.
Khaled Bin Al-Nawi: Controls on the Legality of Medical Experiments on the Human Body and Their Impact on Civil Liability, a thesis submitted for a Master's degree in Legal Sciences, Setif 2 University, 2013.
Fourth: Articles.
Barakat Imad al-Din and Muhammad Reda Hammadi: New Legal Controls for Conducting Medical Experiments on Humans in Light of the New Algerian Health Law No. 18/11, Journal of International Law and Development, Issue 2, 2020.
Jarmon Muhammad al-Tahir: The Declaration of Helsinki: Between the Establishment of Medical Experiments and Respect for Human Rights, Journal of Legal and Political Sciences, Volume 9, Issue 3, 2018.
Hamid Hussein Muhammad: The Legal System for Medical Experiments on Humans, Journal of Legal and Political Sciences, Issue 1, 2022.
Nasif Saad: Guarantees for Conducting Medical and Scientific Experiments on Humans Under Health Law No. 18/11, Journal of Contract Research and Business Law, Issue 4, 2021.
Zahdour Ashwaq: Research in the Field of Biomedicine in Light of the Algerian Health Law of 2018, Annals of the University of Algiers 1, Issue 1, 2022.
Al-Fadl Mundhir: Medical Experiments on Humans and the Extent of Protection Guaranteed by civil law, penal and medical laws. Al-Kufa Magazine, Issue 7, Arab Open University, Jordan.
Haroun Samir and Boussar Mesoum: Medical Experiments on the Human Body: Between Medical Necessity and the Right to Bodily Integrity under Algerian Health Law 18/11, Journal of Legal Studies, Issue 2, 2022.
Adi Sara: Legal Regulation of Medical and Scientific Experiments on Human Embryos and Vaccines, Journal of Legal and Political Sciences, Issue 2.
Fifth: Conferences.
Muammar Muhammad Al-Hajj and Al-Dawla Suhad Tahseen: Conducting Medical Experiments on Humans and Animals, International Conference: Ethics of the Medical Professions from an Islamic and Legal Perspective, An-Najah National University, Nablus, Palestine, 2021.