Paediatric Research under the New eu Regulation on Clinical Trials: Old Issues New Challenges

in European Journal of Health Law
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Regulating paediatric research means searching for the balance between two valuable goals: protecting children while ensuring they benefit from safe and efficient medicines. Different legal instruments were adopted in the eu in order to regulate clinical trials, foster paediatric research and promote European and international ethical guidelines. However a new Regulation on clinical trials was adopted in 2014, and might change the current framework of paediatric research. How does the new Regulation 536/2014 foster research on children taking into account both the eu Paediatric Regulation and the eu Ethical Recommendations? Does it live up to the standards of the Directive 2001/20/ec and does it represent a step forward in accordance with international ethical guidelines? This article shows that, despite the adoption of new rules, many clarifications are still needed. Stakeholders involved in paediatric research have to play a driving role in the implementation process of the new Regulation.

Paediatric Research under the New eu Regulation on Clinical Trials: Old Issues New Challenges

in European Journal of Health Law

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References

28

Act of 26 February 1998containing rules on medical research involving human subjects (Medical Research Act) Section 4.1.

29

Law 14/2007 of 3 July 2007on biomedical research Article 20.2)b). Royal Decree 223/2004 of 6 February 2004 Article 4.b).

33

A.E. Westra et al.‘How best to define the concept of minimal risk’J Pediatr 159(3) (2011) 496-500 at 496.

34

A. Binik‘On the minimal risk threshold in research with children’Am J Bioeth 9(14) (2014) 3-12 at 3.

52

A.E. Westra and others‘Drug development for children: how adequate is the current European ethical guidance?’ Arch Dis Child 95(1) (2010) 3-6 at 3.

65

Ibid. p. 24.

80

A. Altavilla et al.‘Impact of the new European paediatric regulatory framework on ethics committees: overview and perspectives’Acta Paediatr 101(1) (2012) 1-6 at 5.

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