The Principle of Respect of Persons
Respect for persons has two dimensions “that individuals should be treated as autonomous agents, and second, that persons with diminished autonomy are entitled to protection” ( US Department of Health and Human Services 1979:4) . This calls for people to acknowledge individual’s autonomy while conducting research. Respect for persons requires that the subjects be recruited in research voluntarily and with adequate information ( US Department of Health and Human Services 1979) . People have the right to choose what they want to be done to them and what they don't, which is portrayed by giving them informed consent. That said, Laud Humphrey’s Tearoom Trade study violated this ethical principle by masquerading as a voyeur while observing homosexual acts. Likewise, he did not seek informed consent from the research participants and used deceit to interview the participants by posing as a health service interviewer, while the real purpose was to enquire about the participants’ lifestyles ( Granberg and Galliher 2012) . Moreover, Humphrey also took the participants’ license plate numbers without their consent, which he used later to track them at their homes.
The Principle of Justice
According to the US Department of Health and Human Services ( 1979), the principle of justice focuses on "fairness in distribution" or "what is deserved." Injustices occur when a person is denied credit where due and without good reasons, or when a burden is imposed unfairly on them. Laud Humphrey’s Tearoom Trade study violated in part this principle by over-representing “married men with families, Roman Catholics, and members of the military” ( Granberg and Galliher 2012:7). Humphreys claimed that he was protecting the marginalized populations' rights, tearoom participants, by studying them to eliminate the false stereotypes associated with them. However, according to Granberg and Galliher ( 2012), Humphreys had premeditated intentions to victimize some community members, such as military personnel, Roman Catholics, and married men with families.
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The Principle of Beneficence
The principle of beneficence calls for people to be treated “in an ethical manner not only by respecting their decisions and protecting them from harm but also by making efforts to secure their well-being” ( US Department of Health and Human Services 1979:5) . To enhance the participants’ well-being, researchers should not harm them and maximize the research's possible benefits. The study benefits should always outweigh the risks. Laud Humphrey’s Tearoom Trade study failed to protect the participants against deductive disclosure of identity. Although Humphreys destroyed the list containing the participants’ names to conceal their identity, the research methodology contained traits that made the groups identifiable. This is affirmed by Granberg and Galliher ( 2012), who noted that Humphreys invaded the participants' privacy, conducted the research without their consent, concealed the true intentions of the research during follow-ups, and his methodology was susceptible to disclosure of patients’ identity. Moreover, some researchers criticized the research terming it pornography. Therefore, the risks associated with Humphrey’s research were more than the benefits.
Yes, there are other ethical ways to obtain similar data to the one used in the Tearoom Trade study. Humphrey follows an observational design, which could also be used to collect data ethically. After identifying the research participants, the research should give them informed consent. This should entail explaining to them the purpose of the research so that they can decide whether to be recruited for the research or not. The US Department of Health and Human Services ( 1979) highlights three crucial elements of informed consent: information, comprehension, and voluntariness. The information element requires the researchers to explain the specific items that will be addressed in the research, the research procedure, the risks and benefits of the research, and a window for the participants to ask for clarifications. This ensures that the subjects have sufficient information regarding the research.
The second component of informed consent, comprehension, requires the searchers to convey the information to the participants in a way they can understand. This element recognizes that subjects have different capabilities; thus, the information should be conveyed to suit them, which enables them to make informed decisions ( US Department of Health and Human Services 1979) . In case the subjects object to be involved in the research, they should be excluded in good terms. Lastly, the third component of informed consent, voluntariness, requires researchers to seek discretion when participating in research ( US Department of Health and Human Services 1979) . No subject should be coerced or pressured to participate in research. Participants also have the right to quit the study at their will. Following these components of informed consent ensures that the research will be ethically conducted.
In conclusion, Laud Humphreys failed to observe the three ethical principles, justice, beneficence, and respect of persons, while conducting his Tearoom Trade study. Humphreys did not seek informed consent from the subjects, used deceit to conduct follow-up interviews, failed to disclose the research's real objective to the participants, and failed to protect the participants against deductive disclosure of identity. This made his research considered unethical. If Laud Humphreys used the three elements of informed consent, his research could have been considered ethical.
References
Granberg, Donald O., and Galliher, John. 2012. A Most Human Enterprise: Controversies in the Social Sciences . MD: Lexington Books.
US Department of Health and Human Services. 1979. The Belmont Report: Office of the Secretary, Ethical Principles and Guidelines for the Protection of Human Subjects of Research, the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research.
