How Over-Protectionism Can Evidence Unethical Outcomes: Examples from South Africa

South Africa has adopted a paternalistic stance on the minimum age of enrolment for HIV vaccine trials, and on the level of compensation for trial participants. Whilst this approach has presumably been taken to protect the interests of research participants an over-protective approach, however well-intended, does not always serve the interests of the particularly vulnerable. It will be argued that an inclusive approach, based on the principles of beneficence and justice, can better guide research in such a way that the necessary data are generated while also furthering the interests of the particularly vulnerable members of a study population.