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Ethics of Potentially Dangerous Experiments
on
Psychiatric Survivors*
The Queen Street Patients Council is a group
of psychiatric consumers and survivors elected by consumers and
survivors. We submit this position regarding the ethics of potentially
dangerous research on psychiatric survivors and consumers, people
who are often vulnerable and discriminated against. These considerations
do not apply to non-intrusive research, such as anecdotal surveys
or passive observations.
Psychiatric survivors and consumers must not
be sacrificed to irresponsible science. We believe non-solicited
volunteer pools, rigorous informed consent agreements, and compulsory
liaising with independent mental health advocates may reduce the
conflicts in consent on the part of someone given a mental illness
diagnosis. These measures must be made requisite to finding experimental
subjects in negative-effect inducing research, if negative-effect
research is to be done at all. We hope one day, biopsychiatrists
will consider only doing research which seeks positive effects according
to patients' self-identified needs, such as medication-detox programs,
CNS-reconstruction-from-Tardive, and other much needed research.
1. Ability to Give Consent
In a recent complaint and ensuing Corrections
Canada investigation into LSD experiments in a Kingston prison,
officials stated that even if the complainant were to have given
written consent, as an inmate in solitary confinement, she could
never give proper consent. She was in a coercive situation which
made any consent questionable at best. Patients in psychiatric facilities
are in parallel coercive situations (ex. involuntarily commitment,
behaviour-based priveleges or status restrictions, restraints and
isolation rooms, suspended rights based on capability, etc.). We
feel psychiatric patients are not in a position to give proper consent
given the conflict of being under supervision (which may result
in coercive or potentially coercive situations) and wanting to promote
their status, priveleges, or general acceptance by staff.
2. Volunteerism and Informed Consent
Because of such limitations on in-patients'
consent (and for out-patients in varying degrees), volunteers should
not be scouted or encouraged while under supervised treatment because
the issue of becoming an experimental subject is obscured by on-going
treatment issues for the patient. An ideal volunteer would not be
undergoing psychiatric treatment for at least a year before the
experiments start and before offering their services (like a donation
of organs), after which he or she could be approached for a particular
experiment. This ideal can be used as a standard to qualify the
level of capability someone has in lieu of coercion. Any such standard
should be explored with the expertise of psychiatric survivors.
In the event that in- and out- patients are still drawn upon for
experimentation, researchers and their peers must assure advocates
that such "volunteers" are not coerced, unduly led, or offered therapeutic
"rewards" like priveleges for participating in research. Positive
and negative effects should always be presented to all parties concerned.
Volunteers must be given extensive contractual agreements (within
the presence of independent counsels or paid advocates) which should
be devised on principles of informed consent.
3. Informing the Volunteer
We believe fully informed consent on the part
of a volunteer requires he or she be told
* the methods, design and financial scope or history of the experiment
* how the procedure is known to negatively
affect the body and behaviour
* what degrees of danger are unknown and
why: the role of toxic effects, the role of procedural dangers,
etc.
The issue of "unknown danger" must be raised
with a candidate and explained without resorting to speculation.
Ignorance of detail in risk should be understood as a lack of scientific
evidence about the procedure, and that this may lead to irreversible
damage.
4. Substitute Decision Makers and a Definition
of Potentially Harmful Research
The Council believes that families and other
substitute decision makers, as understood in standards and legislation
on treatment, have no right to consent to experiments on behalf
of a psychiatric survivor or consumer. Both treatment and research
may seek to bring about the curative process, and both may fail,
even bringing on negative effects. But the risks in treatment are
understood more readily than those in experiments..
We define potentially harmful experiments
as having primary interest in eliciting negative and/or positive
effects for observational purposes. In that context, we would define
treatment as having a primary interest in promoting positive effects
in the individual. Consent issues are much more serious in experiments
because of the gravity of danger and because the risks may complicate
already risky treatment!
In this light, any substitute decision making
power in treatment on the part of family or others is unequal to
the responsibility of submitting someone to potentially harmful
research. Such responsibility should rest solely with the individual,
if s/he qualifies to consent at all.
Conclusion
The Council believes experiments where consent
is not fully informed or voluntary (based on a standard reference
of coersion) is experimentation without consent. In terms of ethics
or human rights, this may constitute torture. Without ethical requirements
and guidelines throughout and after research, psychiatric experimentation
runs the risk of re-writing the history of German biomedical psychiatry
in the 1930's. We fully support a stringent ethical process for
anyone interested in doing research where negative-effect risks
and coerced-consent issues exist.
* see an article on the history
of eugenics targetting survivors, past and present, and sites
on Canadian medical ethics.
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