Consent

Consent is the voluntary agreement of one person to another’s proposal or desire. While it is a common term in everyday language, its meaning becomes more precise in fields like law, medicine, research, and sexual consent. In these specific contexts, consent may not align with its ordinary usage. For instance, a person with a mental disorder, a low mental age, or someone below the legal age of sexual consent might willingly take part in a sexual act, yet that act may still lack legal consent under applicable law.

United Nations agencies and sex education programs view teaching consent as a beneficial part of comprehensive sexuality education. Different types of consent include implied consent, express consent, informed consent, and unanimous consent.

Express consent is clearly stated, either in writing (such as a contract), orally, or non-verbally (like a nod). If not recorded or witnessed, non-written express consent can be disputed if one party denies it was given.

Implied consent is inferred from a person’s actions, the circumstances, or sometimes from silence or inaction. Examples include unambiguously initiating sexual activity or the implied consent to physical contact in a hockey game or boxing match.

Informed consent in medicine requires that a person clearly understands the facts, implications, and future consequences of an action. The term also applies to social scientific research, where participants affirm their understanding of the procedure, and to sex, where each person is aware of any sexually transmitted infections or diseases they might encounter.

Unanimous consent, or general consent, is given by all parties in a group. Substituted consent, or the substituted judgment doctrine, lets a decision maker choose what an incompetent person would have decided if competent. Advance consent, given ahead of time, is generally not considered valid, except in certain cases like advance healthcare directives or commercial contracts, depending on jurisdiction. Consent can also be defined according to substantive equality.

In international law, consent involves states, not individuals. It is a key principle requiring the agreement of all relevant parties for any rule changes to be legally binding. Some legal scholars argue that consensus among states, rather than explicit consent from each one, may be the standard for a rule to be obligatory and enf