تضارب المصالح

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قالب:State monopoly capitalism

A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of a third party.

An "interest" is a commitment, obligation, duty or goal associated with a particular social role or practice.[1] By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other. Such a matter is of importance because under such circumstances the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of the outcomes.

Typically, a conflict of interest arises when an individual finds themselves occupying two social roles simultaneously which generate opposing benefits or loyalties. The interests involved can be pecuniary or non-pecuniary. The existence of such conflicts is an objective fact, not a state of mind, and does not in itself indicate any lapse or moral error. However, especially where a decision is being taken in a fiduciary context, it is important that the contending interests be clearly identified and the process for separating them is rigorously established. Typically, this will involve the conflicted individual either giving up one of the conflicting roles or else recusing himself or herself from the particular decision-making process that is in question.

The presence of a conflict of interest is independent of the occurrence of inappropriateness. Therefore, a conflict of interest can be discovered and voluntarily defused before any corruption occurs. A conflict of interest exists if the circumstances are reasonably believed (on the basis of past experience and objective evidence) to create a risk that a decision may be unduly influenced by other, secondary interests, and not on whether a particular individual is actually influenced by a secondary interest.

A widely used definition is: "A conflict of interest is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest."[2] Primary interest refers to the principal goals of the profession or activity, such as the protection of clients, the health of patients, the integrity of research, and the duties of public officer. Secondary interest includes personal benefit and is not limited to only financial gain but also such motives as the desire for professional advancement, or the wish to do favours for family and friends. These secondary interests are not treated as wrong in and of themselves, but become objectionable when they are believed to have greater weight than the primary interests. Conflict of interest rules in the public sphere mainly focus on financial relationships since they are relatively more objective, fungible, and quantifiable, and usually involve the political, legal, and medical fields.

A conflict of interest is a set of conditions in which professional judgment concerning a primary interest (such as a patient's welfare or the validity of research) tends to be unduly influenced by a secondary interest (such as financial gain). Conflict-of-interest rules [...] regulate the disclosure and avoidance of these conditions.

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Related to the practice of law

قالب:Professional responsibility



Concurrent conflicts of interest

Direct adversity to current client

Identity of the client - corporations
Material limitation conflicts

Consent to concurrent conflicts of interest

Consent to current conflicts
Prospective consent to future conflicts
The hot potato doctrine

Successive conflicts of interest

The substantial relationship test
Imputation of conflicts

Generally (unrelated to the practice of law)

Conflict of interest in UN Security Council

Organizational


Conflict of interest in the health care industry


Types

The following are the most common forms of conflicts of interests:[4]

  • Self-dealing, in which an official who controls an organization causes it to enter into a transaction with the official, or with another organization that benefits the official only. The official is on both sides of the "deal."
  • Outside employment, in which the interests of one job conflict with another.
  • Nepotism, in which a spouse, child, or other close relative is employed (or applies for employment) by an individual, or where goods or services are purchased from a relative or from a firm controlled by a relative. To avoid nepotism in hiring, many employment applications ask if the applicant is related to a current employee of the company. This allows recusal if the employed relative has a role in the hiring process. If this is the case, the relative could then recuse from any hiring decisions.
  • Gifts from friends who also do business with the person receiving the gifts or from individuals or corporations who do business with the organization in which the gift recipient is employed. Such gifts may include non-tangible things of value such as transportation and lodging.
  • Pump and dump, in which a stock broker who owns a security artificially inflates the price by "upgrading" it or spreading rumors, sells the security and adds short position, then "downgrades" the security or spreads negative rumors to push the price down.



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Examples

Environmental hazards and human health

Funding Harm No Harm
Industry 0 13 (100%)
Independent (e.g., government) 152 (86%) 11 (14%)


Self-regulation

Insurance claims adjusters

Purchasing agents and sales personnel

Real estate agents

Government officials

Conflict of interest in legislation; the interests of the poor and the interests of the rich. A personification of corrupt legislation weighs a bag of money and denies an appeal of poverty.


Contributions from the sugar lobby, 1983–1986 Percent voting in 1985 against gradually reducing sugar subsidies
> $5,000 100%
$2,500–5,000 97%
$1,000–2,500 68%
$1–1,000 45%
$0 20%


Finance industry and elected officials

[[File:USFinanceIndustry.svg|thumb|Finance as a percent of US Domestic Corporate Profits


Finance industry and economists

Stockbrokers

Media

Mitigation

Removal

"Blind trust"

Disclosure

Recusal

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Third-party evaluations

See also

References

  1. ^ Komesaroff, Paul A.; Kerridge, Ian; Lipworth, Wendy (2019). "Komesaroff PA, Kerridge I, Lipworth W. "Conflicts of interest: new thinking, new processes". Internal Medicine Journal. 49 (5); 2019: 574-577". Internal Medicine Journal. 49 (5): 574–577. doi:10.1111/imj.14233. hdl:2123/20531. PMID 30693633. S2CID 59340797.
  2. ^ Lo and Field (2009). The definition originally appeared in Thompson (1993).
  3. ^ Dennis F. Thompson (19 August 1993). "Understanding financial conflicts of interest". The New England Journal of Medicine. doi:10.1056/NEJM199308193290812.
  4. ^ Boundless. 

Further reading

External links

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قالب:Conflict of interest قالب:Social accountability