Medical Liability for Trafficking in Persons for the Purpose of Human Experimentation

Abstract

Conducting experiments on humans may subject them to abuse and exploitation. The international community has developed principles, rules and norms that provide for safeguards against exploitative human experimentation. Recruiting a person by illegal means for illicit purposes has been criminalized as human trafficking. This article attempts, for the first time, to address human experimentation as a form of human trafficking. The article advocates for an expansive definition of the concept of human trafficking to include not only sex or labor but also medical or scientific tests that are conducted in violation of the law, also arguing that the international medical ethical principles, rules and norms may be more appropriately analyzed by using the three basic elements of a case of human trafficking, namely: (a) absence of consent; (b) abuse of a position of vulnerability; and (c) exploitation.