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Human Dignity and Bioethics

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<strong>Human</strong> <strong>Dignity</strong> <strong>and</strong> Respect for Persons | 21<br />

persons, has a history that begins long before the establishment of the<br />

President’s Council? What, if anything, comes to light when the differing<br />

historical contexts in which the two national forums were created<br />

are compared? To address these questions, I turn first to the context<br />

in which the National Commission was conceived <strong>and</strong> established.<br />

Respect for Persons, the Belmont Report, <strong>and</strong> the<br />

National Commission<br />

On July 12, 1974, then President Richard M. Nixon signed into law<br />

Public Law 93-348, the National Research Act, which created the<br />

National Commission <strong>and</strong> charged its members with several tasks.<br />

One task was to identify the ethical principles that should govern<br />

the conduct of biomedical <strong>and</strong> behavioral research with human subjects.<br />

Another was to develop guidelines to ensure that specific investigations<br />

would be designed <strong>and</strong> conducted in accordance with<br />

these principles. The events that led to Congressional passage of the<br />

National Research Act of 1974 are well known but merit explicit<br />

remembrance here. Two years before, in the midst of the civil rights<br />

movement, the now-notorious Tuskegee Syphilis Study was brought<br />

to light in a series of newspaper investigations. Funded <strong>and</strong> conducted<br />

by the U.S. Public Health Service, the Study began in 1932 in<br />

Macon County, Alabama, <strong>and</strong> enrolled 399 poor African-American<br />

men suffering from syphilis. While its purpose was to track the natural<br />

history of the disease, researchers from the Public Health Service<br />

told the participants that they were subjects in an investigation of<br />

“bad blood,” an umbrella term encompassing several conditions including<br />

syphilis, anemia, <strong>and</strong> fatigue. 7 In 1947, fifteen years into<br />

the study, penicillin was established as an effective cure for syphilis,<br />

but the Tuskegee researchers withheld the antibiotic from the subjects,<br />

whose participation was enticed <strong>and</strong> sustained with offers of<br />

free meals, physical examinations, <strong>and</strong> burial insurance. In the course<br />

of the 40-year study, 28 of the men died of the disease, 100 died of<br />

related complications, <strong>and</strong> at least 40 wives <strong>and</strong> 19 children became<br />

infected. 8<br />

The public outrage sparked by the Tuskegee revelations was unprecedented,<br />

though similar abuses in human subjects research had

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