Definition of

Consent

Agreement

Consent usually has to do with the acceptance of a condition.

Consent is known as the act and result of consenting (approving the realization of something, condescending, considering something true, granting, allowing, etc.). The idea of ​​consent, according to the meaning of the term, implies admitting, tolerating or enduring a certain condition .

For example: "I am 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" .

Examples in cinema and literature

In this sense, we can use as an example a film that was released in the 90s and is titled "Without Their Consent" . An American drama that revolves around the tragic situation that a woman suffers. And the fact is that she is the victim of rape by someone close to her, which will lead her to report it but also to feel even more outraged in court 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 titled "With the consent of the body: diary of a future mother."

In 2004, this narrative, written by the authors Therese Bertherat , Marie Bertherat and Paule Brung , came to light. 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 body for childbirth and thus facilitate the birth of their future baby.

Acceptance

Consent implies approval of something.

Consent in law

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 (which is why, 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 concept according to the type of right

Civil law requires consent both to formalize contracts and to contract different obligations or rights (such as marriage ).

In the field of criminal law , consent is usually considered as a mitigating factor against the responsibility that arises from a punishable action (the defendant alleges that the action in question was carried out with the consent of the plaintiff).

Informed consent in medicine

Informed consent , finally, is a medical procedure through which the patient expresses that he freely submits to a treatment or study and that he understands the risks and benefits that it entails.

This type of consent becomes especially evident and necessary when health professionals have to carry out interventions that pose a serious danger to the patient. However, there are situations in which this is ignored, such as the case where the patient in question may endanger public health and needs to be hospitalized and quarantined.