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RESEARCH ARTICLE
Protecting research participants against undue influence and exploitation. An ethico-legal analysis of Article 23b(2) of the Polish Act on the Professions of Physician and Dentist
 
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University of Warsaw, Faculty of Philosophy, Center for Bioethics & Biolaw
 
 
Publication date: 2025-12-31
 
 
Corresponding author
Joanna Różyńska
Uniwersytet Warszawski, Wydział Filozofii, Centrum Bioetyki i Bioprawa
 
 
PPM 2025;7(4):0
 
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ABSTRACT
This article provides a thorough ethical and legal analysis of Article 23b(2) of the Polish Act on the Professions of Physician and Dentist (APPD). The analyzed provision prohibits taking advantage of a forced situation of persons participating in medical experiments. However, despite its brevity, its normative content remains unclear. First, we reject the interpretation proposed in the literature of reading the provision as excluding all individuals in forced situations from scientific experiments. We argue that Article 23b(2) should be interpreted as prohibiting the exercise of undue influence and exploitation of all potential and enrolled research participants who are in dire situations or weaker positions, not only those belonging to groups traditionally considered particularly vulnerable to manipulation, harm, and abuse. By comparing the protective measures against undue influence and exploitation adopted by the prominent international ethical standards for human biomedical research and those endorsed by the APPD, we demonstrate that such an interpretation of Article 23b(2) of the APPD is not only legally justified, but also ethically necessary to shield all participants of medical experiments against these unethical practices. Our interpretation of Article 23b(2) of the APPD provides researchers and research ethics committees with valuable, practical guidance. We maintain that the provision analyzed should be recognized as one of the key pillars of Polish regulation on medical experimentation.
eISSN:2719-3748
ISSN:2657-8573
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