Everything about Consent


It is known as consent to the act and result of consenting (that is, approving the realization of something, condescending, having something certain, granting, allowing, etc). The idea of ​​consent, according to the meaning of the term, implies admitting, tolerating or supporting a certain condition. For example: “I’m going to go to court since the operation was carried out without my consent”, “Juan is waiting for the owner’s consent to sell the shares”, “You can marry him, daughter, you have my consent.

In this sense, we can use as an example a film that was released in the 1990s and entitled “Without your consent.” This is an American drama that revolves around the tragic situation suffered by a woman. And it is that she is the victim of a rape by someone close to her, which will lead her to denounce it but also to feel even more outraged before the courts when she has to prove that at no time was that intimate relationship consented to by her.

In the field of literature we also find works that, in one way or another, revolve around the term we are addressing. Thus, for example, there is the book entitled “With the consent of the body: diary of a future mother.”

In 2004 it was when said narration came to light, which is made by the authors Therese Bertherat, Marie Bertherat and Paule Brung. What is sought with it is that women who are in a state of good hope learn a series of exercises and movements to prepare their bodies for childbirth and thus facilitate the birth of their future baby.

For the field of law, consent is understood as the manifest will (whether tacit or express) of a minimum of two individuals to accept and recognize obligations and rights of various kinds. Regarding a contract, consent is the agreement that the parties involved express in relation to its contents.

Of course, for consent to be valid from a legal point of view, certain requirements must be met. The subject, as a first point, must have the capacity to act (therefore, in many cases minors and the mentally disabled cannot give consent).

Consent, on the other hand, is not valid when it is obtained through the use of force or intimidation, or when a serious error is detected in the assessment of the facts.

The civil law requires consent to formalize contracts both to get different obligations or rights (such as marriage). In the field of criminal law, consent is usually seen as a mitigating factor for liability arising from a punishable action (the defendant alleges that the action in question was carried out with the consent of the plaintiff).

The informed consent, finally, is a process of the medicine by which the patient expresses freely subjected to treatment or study and understand the risks and benefits involved it.

This type of consent is especially evident and necessary when healthcare professionals have to carry out interventions that pose a serious danger to the patient. However, there are situations in which it is ignored, such as the case that the patient in question could endanger public health and need to be admitted and quarantined.