التجارب الطبية على جسم الإنسان ومدى الحماية التي يكفلها القانون المدني - تجربة اللقاح ضد الفيروسات المستجدة انموذجا

Abstract

Medical experiments on the human body, whether therapeutic aiming to achieve a treatment for the concerned patient or non-therapeutic aiming to acquire new medical knowledge such as trials of vaccines against emerging viruses, are considered medical interventions that assert themselves despite their danger. This has led to the necessity of balancing the right of individuals to the integrity of their bodies and the right of the physician or researcher to conduct these experiments by establishing a series of legal rules that must be taken into account to legitimize these experiments. The right of the physician or researcher to conduct medical experiments does not exempt them from civil liability if they cause harm to the person undergoing these experiments, as they are obliged to compensate them in order to repair this damage. In order to provide maximum protection to individuals subjected to these experiments, the traditional idea that fault had to be proven as the basis for civil liability has been abandoned, and the idea of presumed fault has been adopted in the context of therapeutic experiments, as well as the idea of objective liability without fault in the context of scientific experiments, including trials of vaccines against emerging viruses. New foundations have also been sought to ensure the right to compensation for damages, notably by establishing a system of civil liability insurance for medical experiments, as well as implementing medical accident guarantee funds by the French legislator, and introducing an automatic compensation system for bodily harm by the Algerian legislator.