CHAPTER V

PROTECTION OF SUBJECTS AND INFORMED CONSENT

Clinical trials on minors
Article 32
1
A clinical trial on minors may be conducted only where, in addition to the conditions set out in Article 28, all of the following conditions are met:
a
the informed consent of their legally designated representative has been obtained;
b
the minors have received the information referred to in Article 29(2) in a way adapted to their age and mental maturity and from investigators or members of the investigating team who are trained or experienced in working with children;
c
the explicit wish of a minor who is capable of forming an opinion and assessing the information referred to in Article 29(2) to refuse participation in, or to withdraw from, the clinical trial at any time, is respected by the investigator;
d
no incentives or financial inducements are given to the subject or his or her legally designated representative except for compensation for expenses and loss of earnings directly related to the participation in the clinical trial;
e
the clinical trial is intended to investigate treatments for a medical condition that only occurs in minors or the clinical trial is essential with respect to minors to validate data obtained in clinical trials on persons able to give informed consent or by other research methods;
f
the clinical trial either relates directly to a medical condition from which the minor concerned suffers or is of such a nature that it can only be carried out on minors;
g
there are scientific grounds for expecting that participation in the clinical trial will produce:
1. a direct benefit for the minor concerned outweighing the risks and burdens involved; or
2. some benefit for the population represented by the minor concerned and such a clinical trial will pose only minimal risk to, and will impose minimal burden on, the minor concerned in comparison with the standard treatment of the minor's condition.
2
The minor shall take part in the informed consent procedure in a way adapted to his or her age and mental maturity.
3
If during a clinical trial the minor reaches the age of legal competence to give informed consent as defined in the law of the Member State concerned, his or her express informed consent shall be obtained before that subject can continue to participate in the clinical trial.