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
Jamal al-Din Muhammad ibn Makram (Ibn Manzur), Lisan al-Arab, 3rd ed., Dar al-Mufakir, Lebanon, 1994, vol. 5, pp. 261-262.
Abdul Aziz Abdul Muati Alwan: Constitutional and Legal Controls for Conducting Medical and Clinical Research, Ruh al-Qawanin Journal, Issue 96, 2021, pp. 297-298.
Muhammad Hamid Hussein: The Legal System for Medical Experiments on Humans, Journal of Legal and Political Sciences, Issue 1, 2022, p. 457.
Ibid., p. 457.
Abdul Aziz Abdul Muati Alwan: The Previous Reference, p. 295.
Munther al-Fadl: Medical Experiments on the Human Body and the Extent of Protection Guaranteed by Civil Law, Penal Laws, and Medical Laws, Al-Kufa Journal, Issue 7, Arab University of Amman, Jordan, pp. 13-14.
Munther Al-Fadl: Medical Responsibility, 1st ed., Dar Al-Thaqafa Publishing and Distribution, Amman, Jordan, 2011, p. 24
Munther Al-Fadl: Criminal Responsibility, op. cit., p. 26
Paragraph 2 of Article 12 of the First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, dated August 12, 1494, states: "The Parties to the conflict in whose power they may be shall treat them humanely and care for them, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attack on their lives, or violence to their lives, is strictly prohibited. In particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created."
Muhammad Al-Tahir Jarmoun: The Declaration of Helsinki: Between the Establishment of Medical Experiments and Respect for Human Rights, Journal of Legal and Political Sciences, Vol. 9, No. 3, 2018, p. 434.
Sara Ayadi: Legal Regulation of Medical and Scientific Experiments on Human Embryos and Vaccines, Journal of Legal and Political Sciences, Issue 2, 2019, p. 858.
Muammar Muhammad Al-Hajj and Suhad Tahsin Al-Dawla: 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, p. 8.
Ashwaq Zahdour: Research in the Fields of Biomedicine under the Algerian Health Law of 2018, Annals of the University of Algiers 1, Issue 1, 2022, p. 240.
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 University 2, 2013, p. 28.
Majid Majd Lafi: Criminal Liability Arising from Medical Error, 2nd ed., Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2012, p. 240. 162.
Youssef Al-Boushi: The Human Body and the Impact of Medical Developments on the Scope of Its Criminal Protection, a dissertation for a PhD in Private Law, Ibn Khaldoun University, Tiaret, 2012/2013, p. 117.
Ashwaq Zahdour: The previous reference, p. 242.
Safwan Muhammad Al-Shadifat: Criminal Liability for Medical Workers, Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2011, p. 277.
The first paragraph of Article 377 of 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.
The second paragraph of Article 377 of Law No. 18/11, containing the Algerian Health Code.
Article 378 of Law No. 18/11, containing the Algerian Health Code.
Imad Eddine Barakat and Mohamed Reda Hammadi: New legal controls for conducting medical experiments on the human body in light of the new Algerian Health Law No. 18/11, Journal of International Law and Development, Issue 2, 2020, pp. 97-98.
Imad Eddine Barakat and Mohamed Reda Hammadi: Ibid., p. 98.
The first paragraph of Article 166 of Law No. 18/11 containing the Algerian Health Code.
The first paragraph of Article 381 of Law No. 18/11 containing the Algerian Health Code.
The second paragraph of Article 381 of Law No. 18/11 containing the Algerian Health Code states: "Any amendment to the clinical study file, after obtaining a license, is subject to the approval of the Minister of Health."
Imad Eddine Barakat and Mohamed Reda Hammadi: Ibid., p. 102.
Article 379 of Law No. 18/11 containing the Algerian Health Code.
Souad Nassif: Guarantees for conducting medical and scientific experiments on humans in accordance with Health Law No. 18/11, Journal of Research in Contracts and Business Law, Issue 4, 2021, p. 31.
The first paragraph of Article 386 of Law No. 18/11 containing the Algerian Health Code.
Souad Nassif: Ibid., p. 31.
The second paragraph of Article 386 of Law No. 18/11 containing the Algerian Health Code.
See: Paragraph 3 of Article 380 of Law No. 18/11 containing the Algerian Health Code / Souad Nassif: The previous reference, p. 32.
Samir Haroun and Maysoum Boussarr: Medical Experiments on the Human Body: Between Medical Necessity and the Right to Bodily Integrity under the Algerian Health Code 18/11, Journal of Legal Studies, Issue 2, 2022, p. 1278.
Souad Nassif: The previous reference, p. 39.
Article 439 of Law No. 18/11 containing the Algerian Health Code.
Article 438 of Law No. 18/11 containing the Algerian Health Code.
See Articles: 339, 347, 378, and 382 of Law No. 18/11 containing the Algerian Health Code. / Souad Nassif: The previous reference, p. 42.
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.
Harishchandra Patel, “Impedance Control in HDI and Substrate-Like PCBs for AI Hardware Applications” (2024). Journal of Electrical Systems, 20(11s), 5109-5115.
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, Nabl