How analyse factors that influence the capacity of an individual to express consent ?

 Consent is an essential aspect in human life

without consent doing anything is illegal.and Consent is a very critical aspect in law as well.

 

When you reach a certain age you will get the right for the consent even though if you are not old enough for legal  consent age, it is still a  significant aspect although a  certain age is considered important to have a cognitive ability to give consent.

There are some aspects where certain people having certain issues are not able to give consent.

People's emotional state, physical health related issues,  mental health related problems, age , cognitive related can be the reason where people are not able to give consent or think about the consequences of the consent.

When we contemplate consent, one of the important factors is age.

As we have decided legally the age of consent some people can be mature enough to give concern before the age decided by the law, some cannot be mature enough  enough to give consent even after the reaching the age which is decide by the virtue of law.

consent is to realise that you are mature enough to take your decision and the decision is not harming anything.

You are competent to ponder about the consequences that is when you are able to decide about the consent.

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  Mental health is an exceptionally meaningful aspect.

you can take the example of someone who is under the influence of alcohol or drugs or has some mental disability. Their cognitive abilities is impaired that time,judgement and consent can be affected when they are in the normal state of mind or not normal state of mind.

We have to evaluate the emotional aspect of the consent of someone, who is feeling vulnerable someone who is emotionally inefficient will not be able to think about the different aspects of the consent and the consequence of their determination. Power dynamics again can play a very substantial role when we are giving consent. Power dynamics between you and your boss. Supervisor and someone who is an intern, dynamic between teacher and student can be difficult to not give consent.

 

physical status can be the reason for the consent related  situation,  where a person is not able to contemplate about the  consent and think about the decision making. Someone who  is in discomfort, distress and going through something physically, will not presume about the significance of their consent in a profound manner and will take such a decision which is not very beneficial for them.

we have to discuss cognitive related issues or cognitive related disabilities people with these situations will not comprehend the impacts of their decision and may give  consent without even thinking about this outcome of  consent. They smoothly can fall into the influence of other people around them and which can influence their consent.

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