Critical analysis of the principle of benefit and harm

Abstract

Benefit and harm are essential elements in any consideration of bioethical nature. Preventing harm is already present in the Hippocratic Oath as a central concern. The purpose of this article is to critically analyze the principle of maximizing benefit and minimizing harm. It takes as its starting point the article of the Universal Declaration on Bioethics and Human Rights (UDBHR) dedicated to this principle. First we propose a more general, philosophical approach grounded in classical authors such as Kant and Mill, but also contemporaries such as Ruwen Ogien and Edgar Morin, among others. We then present several approaches to bioethics in the Brazilian and international literature. At that point we were able to observe a clearly misconceived bias, in that a rather limited concept of benefit is proposed by certain American authors. Using arguments from principalism to defend their positions, these authors (unintentionally) reinforce the need for another standard for bioethical evaluation, the UDBHR.