Abstract:

Despite the importance of medical research activity, most legal legislation did not regulate it in a detailed manner. This imposes on the legislator the necessity of intervention to keep pace with scientific development. The Iraqi legislator, like most Arab legislation, No. 8 of the year 2008 this despite adopting instructions licensing the implementation of experimental medical research, did not come up with special rules in this regard, unlike the Egyptian legislator who issued the Egyptian Clinical Medical Research Law No. 214 of the year 2020 And the Emirati legislator who issued the Federal Decree on Medical Liability No. 4 of 2016, And the French legislator who promulgated the Law on Experimental Medical Research No. 88/1138 of 1988, which defines the conditions for conducting experimental medical experiments. By regulating the subject in a precise legal manner to preserve the sanctity of the human body from any uncontrolled research and scientific interventions. Despite the negatives that accompany the experimental research work on the human body, it has brought many benefits to all of humanity, and thus has proven to be a double-edged sword that carries more advantages than risks. Were it not for these experiences, the world today would be full of epidemics and diseases, and the best proof of that is what the coronavirus known as the Covid-19 virus has done to the world. Had it not been for the research and exqperiments that scientists have conducted on the bodies of the living and dead sick patients through autopsies and the discovery of the causes of death that are a complication of this dangerous virus, and if it were not for the experimental research conducted by scientists to discover vaccination, the world today would be in great danger. For all of the above of the importance of the subject, we seek with this research project to reach legal solutions by calling on the legislator to intervene to organize such scientific activities that were and still have a role in medical progress.

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