Seen But Not Heard: Children in Clinical Trials

(2010) 18(1) Medical Law Review, 1-27

34 Pages Posted: 8 Oct 2014 Last revised: 22 Nov 2017


The Medicines for Human Use (Clinical Trials) Regulations put into effect the European Union Clinical Trials Directive 2001, which aims to facilitate and harmonise standards in research across Europe. The Regulations apply only to 'clinical trials of investigational medicinal products' (CTIMPs). The author discusses the consent requirements which restrict the ability of competent minors to consent or assent. Additionally, concerns are raised regarding the risk benefit ratio applied in paediatric clinical trials. The Regulations may prove overly restrictive of research which is not of direct benefit to the research participants, to the detriment of child health generally.

Keywords: Clinical trials, Gillick, consent, medical research, children

Suggested Citation

Cave, Emma, Seen But Not Heard: Children in Clinical Trials. (2010) 18(1) Medical Law Review, 1-27. Available at SSRN:

Emma Cave (Contact Author)

Durham University ( email )

Durham Law School
Palatine Centre
Durham, England DH1 3LE
United Kingdom

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