commentary
nature genetics • volume 23 • november 1999 275
Protecting communities in research: current
guidelines and limits of extrapolation
Charles Weijer
1
, Gary Goldsand
2
& Ezekiel J. Emanuel
3
1
Department of Bioethics, Dalhousie University, Halifax, Nova Scotia, Canada.
2
Joint Centre for Bioethics, University of Toronto, Toronto, Ontario, Canada.
3
Department of Clinical Bioethics, Warren G. Magnusen Clinical Center, National Institutes of Health, Bethesda, Maryland, USA. Correspondence should be
addressed to C.W. (e-mail: Charles.Weijer@dal.ca).
Recent cancer genetics studies documented a high prevalence of
particular genetic mutations predisposing Ashkenazi Jews to
breast, ovarian and colon cancers
1,2
. In response, an editorial
expressed concern that “anyone with a Jewish-sounding name
could face discrimination in insurance and employment as com-
panies struggle to keep down health-care costs,”
3
and some Jew-
ish leaders in the United States have called for the development of
guidelines to protect the Ashkenazi community. Developing pro-
tections for communities in research is complicated by several
fundamental issues, including ambiguity as to what constitutes a
community in need of protection, disagreements about multicul-
turalism and uncertainty as to what these protections should be.
Codifying protections for communities in research is a dialectical
process that will require addressing these issues by proposing and
refining potential safeguards based on conceptual reflection and
practical experience.
To begin the process of determining whether protections for
communities are appropriate and what their substance should
be, we critically examine well-established guidelines protecting
aboriginal communities participating in biomedical research.
These guidelines make a logical starting point for our enquiry for
two reasons. First, while protections for communities in research
are controversial and remain open to question, there is at least
general agreement that aboriginal communities are distinct com-
munities with common interests in need of protection. Second,
the highly cohesive nature of these communities makes it likely
that the requirements articulated represent the most extensive set
of possible protections for a community in research. Accordingly,
two fundamental questions need addressing. What is the scope of
protections for aboriginal communities? To what extent can such
protections extend to other types of communities?
Limitations of current regulations
The predominant framework for analysing ethical issues in clini-
cal research is articulated in The Belmont Report
4
. It identifies
three ethical principles to govern research on human beings:
respect for persons, beneficence and justice. Although widely
cited, The Belmont Report has been criticized for overemphasiz-
ing individual rights and failing to take into account important
human relationships found in the family and the community
5
.
Indeed, the word ‘community’ is not mentioned once in The Bel-
mont Report. This lack of attention to community is reflected in
the Common Rule (45 CFR 46), which focuses only on individual
research subjects and vulnerable groups, such as the mentally ill
and educationally disadvantaged people, insofar as they might be
wrongfully included in or excluded from research participation
6
.
To remedy this situation, some have argued for the adoption of a
new ethical principle of respect for communities
7–9
. A reasonable
formulation of the principle of respect for communities confers
on the researcher an obligation to respect the values and interests
of the community in research and, wherever possible, to protect
the community from harm.
Indeed, some official bodies have begun studying and propos-
ing protections for communities. Recent Food and Drug Admin-
istration (FDA) regulations permitting the waiver of consent in
certain emergency research requires investigators to consult with
the community before a study is initiated
10
. The National
Bioethics Advisory Commission (NBAC) now recommends that
research involving stored tissue and DNA samples that poses
risks to a particular community requires consultation with that
group
11
. Similarly, in Canada, part of the 1996 draft national
guidelines developed by the Tri-Council Working Group on
Ethics for research involving human subjects set out standards
for research involving collectivities, including aboriginal groups
and people infected with HIV (refs 12,13).
Existing guidelines for protecting communities
So far, most guidelines for the protection of communities in
research have been written for research involving aboriginal
communities and peoples. We use the term ‘aboriginal peoples’
to apply to American Indians, Alaska Natives, Canadian First-
Nations and Inuit Peoples, Australian Aborigines, Torres Strait
As genetic research increasingly focuses on communities, there have been calls for extending research
protections to them. We critically examine guidelines developed to protect aboriginal communities and
consider their applicability to other communities. These guidelines are based on a model of researcher-
community partnership and span the phases of a research project, from protocol development to pub-
lication. The complete list of 23 protections may apply to those few non-aboriginal communities, such as
the Amish, that are highly cohesive. Although some protections may be applicable to less-cohesive com-
munities, such as Ashkenazi Jews, analysis suggests substantial problems in extending these guidelines in
toto beyond the aboriginal communities for which they were developed.
© 1999 Nature America Inc. • http://genetics.nature.com
© 1999 Nature America Inc. • http://genetics.nature.com