L'article 21 du Code civil du Québec: ses implications sur la recherche en gérontologie

Abstract

AbstractThe new Quebec Civil Code came into effect on January 1,1994. This text enacted among other things the new provisions for consent to experimentation. In this article, we summarize these provisions and highlight the necessity of excluding from the majority of research protocols, people unable to consent without legal representative. Thanks to the database of a recent study, we then show that this provision can render certain gerontological studies invalid. This leads us to recommend that the Civil Code be amended in a way to allow impaired persons who are not legally represented to participate in studies that do not pose any serious risk to their health.