The justification of non-therapeutic research on incapacitated and decisionally impaired patients - On the ethics of biomedical research

The justification of non-therapeutic research on incapacitated persons is a still unsolved problem, because in this situation, both legitimising facto rs of research - informed consent and therapeutic benefit - are absent and the question arises as to whether such research is morally justifiable at a ll. The paper will ask if there could be arguments for such research. One a rgument could be that under certain circumstances, an institutionally decre ed global renunciation of any type of research on this group of persons cou ld also be illegitimate. Not doing research can do injury to the Principles of Justice because in this manner the needs of a particular group may unju stifiably be ignored. This would aggravate the disadvantaged position of th is group in a groundless manner and, in particular, would deprive its membe rs of the basis of self respect. Precisely in view of this aspect of Justic e non-therapeutic studies on decisionally impaired persons must also be per mitted in order to ensure the preservation of basic social goods in regard to these persons.