VULNERABLE OLDER PEOPLE IN BIOMEDICAL RESEARCH: WHAT ARE THE RESPONSES OF EUROPEAN LAW?

Abstract

Biomedical research makes it possible to improve treatments, react to new diseases1, and adapt to global changes in society, such as the aging of the population. Indeed, the elderly are estimated to represent 30% of the European population by 20502, even though they are the main consumers of medicines3. By the elderly, we usually mean people over 654, knowing that the age criterion can show its limits. For the topic of clinical trials, it is rather the consideration of their vulnerability that will condition their legal status. And yet, European law5 relating to biomedical research does not provide a definition of vulnerability or of the vulnerable person, but only lists the people considered to be vulnerable6.