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Alexander Pho and Benjamin A. White respond to Nicolas Dixon's critique of mixed martial arts (MMA) through a 'companions in innocence' argument. Taking up a counterexample that Dixon is quick to dismiss, the authors argue that MMA techniques are on a par with the 'pain-leveraging' tactics used by cyclists and that pressing for a moral distinction between cycling and MMA leads to absurd conclusions about other practices. So, because cycling is morally permissible, MMA is morally permissible. This companions in innocence argument fails. But cycling can be used to develop a better, though only partial, defense of MMA. [ABSTRACT FROM AUTHOR]

This essay offers a philosophical defense of deception about reservation prices in business negotiation. Its discussion is prompted by arguments that Charles N.C. Sherwood makes in a recent issue of Business Ethics Quarterly and develops ideas I put forward in an earlier issue of Business Ethics Quarterly. The essay argues that although reservation price deception cannot be justified by appeal to the consent of negotiating parties, it can be justified by appeal to a separate but related notion, assumption of risk, as long as the assumption of risk occurs in a suitably fair context. [ABSTRACT FROM AUTHOR]

According to the nonworseness claim, it cannot be morally worse to exploit someone than not to interact with them at all when the interaction 1) is mutually beneficial, 2) is voluntary, and 3) has no negative effects on third parties. My aim in this article is to defend the moral significance of exploitation from this challenge. To that end, I develop a novel account of why sweatshop owners have a moral obligation to pay sweatshop workers a nonexploitative wage despite the fact that their relationship is entirely optional. More precisely, I defend two main claims. First, I show that sweatshop owners are morally obligated to pay sweatshop workers a nonexploitative wage even though they have a right not to hire them and even though that will require them to pay sweatshop workers a wage that is higher than the one they voluntarily accepted. Second, I explain why this obligation on the part of sweatshop owners is not defeated by the fact that other individuals not party to the transaction would benefit even more than sweatshop workers from receiving this additional level of pay. [ABSTRACT FROM AUTHOR]

The main purpose of our research highlights a lack of awareness about donor laws, inadequate implementation, and critical challenges that require legal reform, enhanced support for donors, and better training for healthcare professionals. The legislative framework for organ transplantation varies widely across Asian countries, reflecting differences in cultural, ethical, and legal perspectives. Organ transplantation involves transferring organs, tissues, or cells from donors to recipients, with a significant global demand surpassing the available supply. Biomedical ethics, as outlined by Beauchamp and Childress, and further examined by Veatch and Harris, provide a framework for addressing the moral dilemmas associated with transplantation. In Mongolia, the organ transplantation framework is guided by international standards, though there are gaps in legislation, social welfare, and insurance coverage, which impact the effectiveness of the transplant system. [ABSTRACT FROM AUTHOR]

ABSTRACT Objective Design Setting Sample Methods Results Conclusions To understand the experiences of women, birth partners and health professionals of verbal followed by retrospective written consent in a prospective cohort study of a device to manage postpartum haemorrhage (PPH).Grounded Theory.Tertiary facility in North‐West England, UK.We used purposive and theoretical sampling to recruit 51 participants; 12 women, 12 birth partners, 16 obstetricians and 11 midwives.Semi‐structured interviews were conducted, using a topic guide for focus, until data saturation was achieved. Data were analysed using framework analysis technique.Most women wanted sufficient information to make a decision at the time of the event, rather than in advance, and preferred not to be overwhelmed with detail. A key factor in making the decision to participate was a positive and trusting relationship with the attending obstetrician. Obtaining consent for research in emergencies was viewed by obstetricians as requiring a different approach and more challenging than consent for standard procedures in an emergency.This is one of the first studies to explore verbal followed by retrospective written consent processes with women, clinicians and observers. This was acceptable to all, however information needs to be appropriate, and those discussing consent require adequate training (199/200). [ABSTRACT FROM AUTHOR]

The rapid digitization of the modern world has led to an increase in the collection and processing of personal data. The principles of transparency and consent have become crucial for citizens to understand how their data is being used and to be able to give their voluntary consent to its processing. Ukraine is actively adapting its legislation to EU standards in the field of personal data protection. In particular, the General Data Protection Regulation (GDPR) affects approaches to data collection and processing. Examining transparency and consent in the context of these changes can help identify which aspects of the law need special attention. Citizens are becoming increasingly cautious about who they trust with their data. This article analyzes and evaluates the role and impact of the principles of transparency and consent on the effective mechanism of personal data protection in Ukraine, taking into account modern technological and legislative challenges. Studying these principles demonstrates their importance and relevance in today’s digital society. The principle of transparency determines the need for accessible and understandable information for data subjects regarding the processing of their data. Openness is a fundamental requirement for maintaining trust between organizations and citizens. Providing the ability to control and regulate their data allows data subjects to play a more active role in the processing and use of their personal data. The principle of consent, in turn, emphasizes the voluntary and informed nature of consent to data processing. The consent of the data subject determines the basis for the legal processing of personal data, ensuring harmony between the rights of citizens and the interests of organizations. As technology advances and legislation changes, transparency and consent become even more important aspects. They help build trust between organizations and citizens, ensure responsible use of personal data, and empower individuals to control their own information. [ABSTRACT FROM AUTHOR]

This article examines lessons learned from the Force Intervention Brigade in relation to the fundamental principles of peacekeeping. Whilst the Security Council declared that the Brigade, deployed in the dr Congo in 2013, was created ‘without a precedent or any prejudice to the agreed principles of peacekeeping’ this article will consider how it has challenged our understanding of these principles and will question to what extent a precedent has been set within peacekeeping. As the UN’s peace operation in the Congo, monusco, is set to withdraw and regional actors involved in the creation of the Brigade seek to deploy forces, the article will argue that the Brigade expanded peacekeeping to its very limits, amounting to a ‘conscious departure’ from the peacekeeping principles which should be avoided in any future UN peace operations. [ABSTRACT FROM AUTHOR]

Although numerous predictors of sexual violence (SV) have been identified, there is a need to further explore protective factors and examine the nature and strength of associations between predictors and SV outcomes using a hierarchical predictive model. Cross-sectional data from the My World Survey Post-Second Level (2019) in Ireland were used. The sample contained 8, 288 post-secondary students, 69% female, aged 18 to 25 years (M = 20.25, SD = 1.85). Univariate and multivariate binary logistic regression analyses were conducted to identify correlates of two SV outcomes (i.e., forced/pressured to have sex and being touched in a sexual manner without consent) across societal, community, relationship, and individual levels. Approximately 25% of females and 10% of males reported being forced/pressured to have sex, whereas 55% of females and 23% of males reported being touched in a sexual manner without consent. Key predictors of SV in multivariate analyses included being female and experiencing violence in a romantic relationship, whereas discrimination, living on campus or in rented accommodation (compared with living at home) were also significant predictors of both SV outcomes. Parental conflict, sexual initiation, depressive symptoms, older age, and an avoidant coping style significantly predicted being forced/pressured to have sex, whereas being bullied and engaging in problem drinking were unique predictors of being touched sexually without consent. Findings highlight the importance of considering salient risk and protective factors at the individual, relationship, community and societal level to predict SV and effectively guide the delivery of interventions and support services for post-secondary students affected by SV. [ABSTRACT FROM AUTHOR]

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Since the #MeToo movement, many discussions arose on the role of consent in defining rape, among academics, legal practitioners, non-governmental organisations, and at the European Union level. This debate is particularly relevant in France, where rape is a sexual act committed by violence, coercion, threat, or surprise, with no mention of consent in the Criminal Code. By conducting a meta-analysis of the discourse of the French legal literature on this topic in four criminal law reviews and ten textbooks, this study offers a new perspective to this debate. Based on this analysis, the definition of rape and the role of consent is barely discussed by the literature, partly due to an equivalence drawn between the constitutive elements of the offence and the absence of consent of the victim. Yet, the relevance of consent is highly criticised, mainly by a few male academics, using primarily arguments of authority instead of a critical approach to the topic. In general, the French legal literature on the role of consent in defining rape supports rape myths and gender stereotypes. [ABSTRACT FROM AUTHOR]

Background Study Design and Methods Results Conclusion Some patients express concerns regarding receipt of allogeneic blood transfusions from donors potentially vaccinated against SARS‐CoV‐2 (COVID‐19). However, limited information exists about patients' expression of these concerns or how to address them during the blood transfusion consent process. In this study, we describe our experience of working collaboratively with patients with vaccine‐related transfusion concerns prior to elective surgery, summarizing treatment decisions and clinical outcomes.This observational descriptive study includes patients seen in our Bloodless Medicine and Surgery clinic between June 2022 and June 2024 for vaccine‐related transfusion concerns prior to elective surgery. A shared decision‐making framework was employed to foster conversation, share information, provide reassurance, reconcile conflict, and match preferences with available care options. Patient characteristics, treatment decisions, and surgical outcomes were reviewed and summarized.Thirty‐five patients were included, with median (1st, 3rd quartile) age of 61 (53, 69) years. Cardiac surgery was the most common type of surgery (29%). Twelve patients (34%) were anemic preoperatively, and all received preoperative treatment. After discussion with a Bloodless Medicine specialist, 24 (68.6%) decided to consent to the use of all blood products, 5 (14.3%) accepted only red blood cells, and 6 (17.1%) declined all blood products. Among 28 patients undergoing surgery, only 4 (14%) received allogeneic transfusion perioperatively.Many patients concerned about the vaccination status of blood donors may ultimately consent to allogeneic blood products after shared decision‐making with a Bloodless Medicine specialist, highlighting the importance of patient empowerment and collaborative care. [ABSTRACT FROM AUTHOR]

AbstractPurposeMethodsResultsConclusionsThe legal interpretation of consent has transitioned over the last decade. Surgeons must identify what patients value to individualise surgical consent. This presents a considerable challenge during busy ward rounds or outpatient clinics. We aimed to develop and evaluate a novel risk tolerance tool to aid surgical consent.This prospective, longitudinal cohort study evaluated the views of adult, elective surgical patients from a single centre. Attitudes to the existing surgical consent process were assessed (n = 48) and responses underwent thematic analysis. From these responses and a stakeholder focus group, a novel risk tolerance tool was developed. The risk tool was evaluated using questionnaires in 25 pre-operative patients. Post-operatively, the same cohort were followed-up with a telephone clinic 6–8 weeks after discharge.Overall patients were satisfied with the current consent process, but negative themes emerged including that it is generalised, impersonal, and time pressured. The developed risk tool contained six domains: death, pain, loss of physical function, loss of cognitive function, need for repeat medical interventions, and social disability. Loss of physical function (mean = 34.0, SD = 12.8) and loss of cognitive function (mean = 34.0, SD = 6.1) had lowest risk tolerance, and need for repeat medical interventions (mean = 18.8, SD = 10.9) had the highest risk tolerance. Thirteen (93%) patients had a positive experience of the consent process vs 85% of patients in pre-consent tool cohort.The tool demonstrated good patient acceptability and patient reported experience. The tool gathered data that may enhance understanding of patient risk tolerance and personalise the surgical consent process. [ABSTRACT FROM AUTHOR]

This article describes our efforts to screen and enrol clinical trial participants conscientiously in the COVID-19 pandemic setting. We present the standard screening and enrolment process prior to, and our process of adapting to, the pandemic. Our goal was to develop a way to screen and enrol people for clinical trials that was both equitable and effective. In addition, we outline the steps our research department took to ensure that ethical, clinical and logistical factors were considered when matching a patient to a clinical trial. [ABSTRACT FROM AUTHOR]

Introduction: Legitimacy and trust are crucial for resilient health systems in fragmented conflict zones. This study evaluates the legitimacy of health systems in northwest Syria under different governance models. Methods: Using a deductive and inductive mixed-methods approach, the research team developed a framework with an index, 4 sub-indices and 18 indicators to assess the legitimacy of health systems using different governance models – top-down, bottom-up, and hybrid – in the context of the response to the earthquake that hit Syria in February 2023. The study includes surveys, workshops, stakeholder consultations, and an expert panel conducted in northwest Syria and online. Results: The findings indicate that bottom-up health governance model is perceived as the most legitimate, followed by the mixed model, while top-down model is perceived as the least legitimate. This preference is measured across all legitimacy source sub-indices, including legality, justification, consent and performance and across the overall Health System Legitimacy Index (HSLI). However, the hybrid governance approach showed limited superiority at two indicator levels regarding long-term health system response. Conclusion: This study highlights the importance of considering the legitimacy of the health system in fragmented conflict zones. It helps explain the effectiveness of the bottom-up approach and community-based governance in enhancing trust, cooperative behaviour, health interventions and achieving sustainability. Additionally, the study highlighted the role of legitimate health systems in practising civic virtue and promoting social justice, thus contributing to peace-building efforts. These insights are crucial for policymakers and development donors to strengthen health systems in challenging contexts. Key messages: What is already known on this topic Health systems in fragmented conflict zones face significant challenges, including issues of governance, effectiveness and securing compliance. Studies have shown that health governance evaluations in these settings are often limited in scope, favouring simplified designs focusing on health governance principles and lacking comprehensive approaches. Studies focusing on health systems legitimacy are scarce, indicating a clear gap in existing research. What this study adds This study added a new dimension to health governance evaluation frameworks that goes beyond the principle dimensions to include legitimacy sources. In addition, the study created a framework to evaluate health systems' legitimacy and a Health System Legitimacy Index (HSLI), which is useful for fragmented conflict zones. How this study might affect research, practice or policy The research team develops a comprehensive framework for evaluating health governance in conflict areas that includes legitimacy as one of the key dimensions. This paper contributes directly to the building of that framework. Moreover, we argue that using our new approach to capture sources of trust and legitimacy reveals a more granular perspective that is required for optimising health interventions. It also reveals important variations between the different models of governance that could guide the design of the health systems in conflict zones so that they can generate cooperative behaviour required for enhancing efficiency and sustainability. In addition, policymakers, including development donors, can use this study to boost the ability of health systems in conflict areas to exercise civic virtue and enhance social justice and thus their ability to play a peace-generating role. [ABSTRACT FROM AUTHOR]

Due to the tireless work of scholars, activists, and educators, consent has become the primary criterion for evaluating whether sexual encounters fall short of our ethical norms. This centralization has largely been a policy triumph, allowing the law to cover sexual misconduct such as date rape, marital rape, stealthing, and nonconsensually rough sex. The rise of hybrid concepts (e.g. enthusiastic consent) suggests that consent may not fully cover the range of sexual norms worth exploring. I draw on work in the ethic of care as a supplement to consent in understanding sexual norms. Including a dimension of care advances on previous writing in three ways. First, it helps respond to concerns raised by second wave feminists regarding the impossibility of consent within a society suffused with rape culture. Second, care also provides a vocabulary that allows us to articulate why some sexual interactions leave the participants and the surrounding community with the moral intuition that something wrong has gone on, despite being formally consensual. Finally, including care helps reorient sexual norms towards what we ought to do and away from what we ought to avoid, thereby recentering sexual joy in our normative framework. [ABSTRACT FROM AUTHOR]

Substance-involved rape is increasing among college students, particularly women (Koss et al., 2022). Addressing rape requires first measuring it accurately in surveys to understand its true scope and nature. We used cognitive interviews with 40 young adults to qualitatively test the construct validity of an alcohol- and other drugs (AOD)-involved rape item in the Sexual Experiences Survey by asking participants to comment on different operationalizations of this construct. Our findings revealed that different phrasings elicited different interpretations of the items by participants. Specifically, the results indicated that (1) respondents viewed the different operationalizations as a sequence of events with varying severity; (2) some participants focused on the intentionality and responsibility of the perpetrator as opposed to opportunistic perpetration; and (3) study participants consistently chose one of the operationalizations as describing "being roofied" (being drugged without consent). Participants also contributed additional scenarios not described in the questionnaire and shared their interpretations of the items. The results underscore the importance of refining survey language to properly measure AOD-involved rape and allow us to understand how to tailor appropriate questions for best comprehension. The findings indicate the benefit in including several items about AOD-involved rape in questionnaires such as the Sexual Experiences Survey, with each item addressing different scenarios of victim intoxication. The results could also have important implications for sexual violence prevention programs, which should discuss consent, intentions, and responsibility specifically in the context of AOD consumption. [ABSTRACT FROM AUTHOR]

After #MeToo, academics have become increasingly focused on the liberal concept of consent. Either problematized as a means of distinguishing between sex and rape, or vaunted as a tool for having better sex, consent remains central to discussions of sexual violence. Returning to Andrea Dworkin's thought, this article argues that contemporary feminists must move beyond consent and recenter the problem of violence to theorize rape. Dworkin, alongside Catharine MacKinnon and Carole Pateman, critiques consent for disguising the violence of rape, sex, and pornography. By defining violence as a process of objectification, Dworkin exposes rape, pornography, and most controversially, consensual heterosexual intercourse as "a new kind of death." She, in turn, calls for the feminist exercise of violence as a tactic of disclosure that promises to make visible patriarchal violence hidden by consent and sexualization. Moving beyond consent to recenter the problem of violence, I conclude, opens up new avenues for feminist action and brings into view the seemingly unthinkable possibility of a world without rape. [ABSTRACT FROM AUTHOR]

Introduction: Social media has transformed how music therapists work, with numerous practitioners utilizing the affordances of social media in music therapy practice. So far, music therapy research has been significantly limited regarding the ethical implications of social media use. A better understanding of the ethics of social media use is needed to inform the continuous evaluation of professional ethical guidelines. Methods: We conducted a systematic text condensation of transcripts from one conversational focus group consisting of five participants with diverse connections to music therapy and social media. Results: The results highlight the many ways social media can facilitate both substantial value as well as serious risk in music therapy practice. Through the analysis, it has also become clear that music therapists must make complex considerations in working with social media to maintain a level of responsible practice. Discussion: This study provides (a) insights and experiences from practice gathered in a conversational focus group, (b) discussions exploring the possible value and risks of social media use in music therapy, and (c) implications for practice including a summary of some ethical reflections. [ABSTRACT FROM AUTHOR]

The law relating to consent for medical interventions in children is complex. Children, when they are old or mature enough can consent for themselves, but the legal rules around this vary by jurisdiction. When they are unable to consent, this must be sought from someone with parental responsibility. This article discusses consent, and its refusal, to medical interventions by children, adolescents and parents. [ABSTRACT FROM AUTHOR]

Social networking and rapid digital evolution have created a brand-new framework of human behaviours and habits. Of course, the majority of them already existed over the centuries but in a different form; as a result, conventional assaults towards legal interests of specific individuals have initially transformed into electronic and then into cyber(-)crimes (p.e. from conventional pornography to internet pornography or cyber/digital pornography including sometimes even virtual pornography via pseudo images and totally AI generated pictures). When discussion comes to gender-based violence, in particular violence against women and domestic violence, we realize that abuses and violations of their fundamental human rights could take place either online or offline; furthermore, both similarities and differences in old and new behaviours, and consequently in crime formations ("actus reus") and in perpetrators' "modus operandi" could easily be found and categorized. This paper will not discover the causes or the elements behind the various digital abuses against women; its first purpose is to gather the various crime behaviours against women and reach some conclusions by a methodically comparative bibliographic and legislative research. Besides, tackling gender-based violence –in particular violence against women and domestic violence- consists one of the main contemporary concerns of every liberal state. CoE's contribution to it –through Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) but even via ECHR's case law- is indisputable. At the same time, European Union is trying to end gender-based violence through its member states with a new legal instrument (a proposed Directive on combating violence against women and domestic violence), whose results are expected to be more direct and -hopefully- more effective. The main target of this paper is to present and examine the specific form of digital crime against women and girls as long as the majority of crimes nowadays takes place digitally; notwithstanding the fact that pandemic and post pandemic era have definitely determined criminals' modus operandi. At the end of the day, someone has to answer: how Criminal Law faces the new aforementioned behaviours, based on the fundamental theory of legal interest and leading to a justified (extra) standardization? And even more: where does this "plus" in penalties (: aggravation) for behaviours that combine characteristics of digital and gender-based criminality come from? [ABSTRACT FROM AUTHOR]

On October 5th, 2017, the New York Times published an article that would establish the #MeToo movement and help millions of women across the globe to raise their voice and share their stories of sexual harassment, aggression and/or violence. If Harvey Weinstein was the main accused, he was, actually, the epitome of a systemic, as well as an endemic, issue that didn't stop at the studios' doors and was made possible thanks to a rather surprising and quite unexpected accomplice. In fact, "Hollywood's open secret" has been well-guarded by, among other things, the contract and its law. In the eyes of a contract law specialist, whether it be a man or a woman, the major highlight of Jodi Kantor and Megan Twohey's article rests in their ability to have brought to light contracts—the, now, infamous and highly criticised "NDAs" (non-disclosure agreements)—that ensured Weinstein the freedom to buy his victims' silence. The first goal of this essay is trying to understand, on the one hand, how could that be possible and, on the other hand, explain to a larger audience how a tool usually used for economic and commercial purposes could have been diverted from its traditional use. It also aims to present measures that have been adopted in the United States to fight these agreements, and imagine what could they be in a country such as France. Although these types of "NDAs" don't seem to find their equivalent in the French public sphere, it is still helpful to ponder over remedies offered by the new French law of contract shall these contracts ever come to exist... or arise. [ABSTRACT FROM AUTHOR]

Introduction: Traditionally, surgical procedures are explained through consultations between the surgeon and the patient to ensure informed consent. Patient education enhances engagement and knowledge, aiding informed decision-making. This study aimed to assess the effect of an educational video on preoperative patient knowledge and satisfaction in the context of total knee arthroplasty (TKA) as an adjunct to the consent process. Methods: A prospective randomized controlled study involving 100 patients in dedicated elective orthopedic units in UK-based hospitals was conducted. After consultation with a dedicated knee surgeon and a preoperative education day for TKA run by dedicated orthopedic nurse specialists, patients were randomized into one of two limbs (video vs no video) at a 1:1 ratio. The treatment group (video group) was shown a video about the principles and steps of the procedure, including the recovery time. Following this, a 10-point knowledge test was completed, and patients rated their satisfaction with the preoperative education on a scale of 0–10. Results: Patients in the video limb group had a significantly greater mean knowledge score and greater satisfaction with preoperative education than patients who did not view the video. The video group (n = 49) had a mean knowledge score of 8.73 +/− 0.159 compared to 7.68 +/− 0.281 for the nonvideo limb (n = 50) (p < 0.05). The video group had a mean satisfaction score of 9.00 +/− 0.123 compared to 8.40 +/− 0.121 for the nonvideo limb group (p < 0.05). Conclusion: Video-assisted consent in total knee arthroplasty improves preoperative knowledge and patient satisfaction when used as an adjunct in the consent process. A simple, standardized video, either pre- or post-consultation could reinforce information that the patient receives in a simple effective manner, allowing for true informed consent. [ABSTRACT FROM AUTHOR]

Consent is essential for legal and ethical psychological practice. EPs in the UK work with children and young people from ages 0 to 25, meaning that consent gaining practices must take account of the complexities of different professional guidelines, legislation, and case law depending on the age and competence of individual service users. This study used participatory action research to develop consent gaining guidance specific to EPs, considering issues related to children’s rights, parental responsibility, Gillick competence, mental capacity, and data protection. Findings from a preliminary study were used by a stakeholder group of EPs to create draft guidance. The project was guided by a working party comprising a trainee educational psychologist, a main grade EP, a professional body representative and a solicitor specialising in education law. Implications for professional practice and future research are discussed. [ABSTRACT FROM AUTHOR]

Introduction: The objective of this demand driven research is to co-design an intervention for upper-secondary students that addresses issues of consent and healthy relationships. In this paper, we (university researchers, student coresearchers, school staff), present the engagement framework that has been critical to the project's development and planned implementation. Methods: An iterative co-design approach grounded in a participatory research approach is currently being adopted. Student co-researchers from three independent secondary schools on Whadjuk Nyungar Country in Boorloo/ Perth, Western Australia, have been engaged as co-researchers in the design of the intervention. Supplementary quantitative and qualitative data from students enrolled at each school site is also being collated to further inform the intervention design. Student co-researchers will provide insights on the overarching design of the intervention including: the scope of key concepts they want to learn, interpretation of supplementary data, and the development of contextually relevant educative content. Results: Retrospective and prospective components of the engagement framework are described and supported with applied examples where applicable. Preliminary results demonstrate the imperative of adopting iterative co-design, and the efficacy of our authentic engagement framework. A draft intervention has been formalized and will soon undergo piloting. The codesign process has already resulted in an intervention that differs from the initial program first conceptualized by university researchers. Conclusion: Imperative to our engagement framework is centering students as experts of their lived experience. It is anticipated that this engagement framework will provide insights around the feasibility, value, and necessity for authentic engagement of upper-secondary school students in the design of their consent and healthy relationship education. [ABSTRACT FROM AUTHOR]

Simple Summary: To respect the interests of sentient animals, we should consider asking for their consent before using them for human purposes. While mentally competent humans can provide informed consent by understanding the risks and benefits, non-human animals cannot fully understand these aspects. Thus, we need other methods to determine their preferences and choices. A promising approach is to obtain informed consent by proxy from humans, alongside seeking assent from the animals where possible and paying attention to any signs of dissent. If we want to take sentient non-human animals and their interests seriously, we can try to ask for their consent before using them for human purposes. With mentally competent humans, we speak of informed consent: for them to participate in scientific studies, for example, it is required that they consent explicitly, in full understanding of the risks and benefits. This full understanding cannot be expected from non-human animals. We must therefore look for ways to know what they want and to estimate what they would do if they had a deep understanding of their options and the consequences of these options for themselves and others. This concept is explored by applying it to animal experiments. The most promising method is to gain informed consent by proxy from thoroughly informed competent humans, in combination with seeking assent where possible and being alert to dissent. [ABSTRACT FROM AUTHOR]

AbstractGiven the need for enforceable guardrails for artificial intelligence (AI) that protect the public and allow for innovation, the U.S. Government recently issued a Blueprint for an AI Bill of Rights which outlines five principles of safe AI design, use, and implementation. One in particular, the right to notice and explanation, requires accurately informing the public about the use of AI that impacts them in ways that are easy to understand. Yet, in the healthcare setting, it is unclear what goal the right to notice and explanation serves, and the moral importance of patient-level disclosure. We propose three normative functions of this right: (1) to notify patients about their care, (2) to educate patients and promote trust, and (3) to meet standards for informed consent. Additional clarity is needed to guide practices that respect the right to notice and explanation of AI in healthcare while providing meaningful benefits to patients. [ABSTRACT FROM AUTHOR]

Using a German online panel, we investigate respondents’ propensity to consent to the linkage of publicly available Facebook data to their survey data and to enable linkage. We analyse the effects of three experimental variations on consent and linkage among Facebook users: (1) the consent question wording, (2) the position of the Facebook consent question in a series of consent questions, and (3) the incentive offered. To describe potential selection bias, we consider respondents’ attitudes and sociodemographic characteristics. We found effects of consent question placement on consent and linkage and effects of higher incentives on linkage, but we found no effects of question wording. Our analysis also showed that linkage was dependent on privacy and data security concerns, trust in the data-collecting actor, respondents’ attitudes toward surveys, and several sociodemographic characteristics. [ABSTRACT FROM AUTHOR]

As liberal legal systems worldwide develop new forms of multicultural accommodation, this article identifies a noteworthy shift. Democracies have been moving from non-interference in internal illiberal community norms to a growing readiness to allow inegalitarian norms, especially norms discriminating against women, into general societal spheres, as a means for minority integration. Religious women's consent to modesty and segregation norms has been central in legitimating these novel modes of accommodation. Relying on feminist critiques of consent and using Israeli law as its case study, the article demonstrates how the liberal discourse readily embraces women's consent to sidestep difficult questions concerning harm to gender equality. Consent serves to sustain normative ambiguity about sex segregation and about the boundaries between public and private. Finally, the expansion of inegalitarian practices from the community onto the larger society further problematizes the idea of the right of exit, a core component of liberal multiculturalism theory. [ABSTRACT FROM AUTHOR]

Duress, which in principle can invalidate a contract, is recognized in both civil and common law systems. In Rwanda, while duress is addressed under the law on contracts, the Rwandan law lacks a precise definition of it, leading to potential inconsistencies in its application. This paper explores the conceptual ambiguities in Rwandan contract law regarding duress, specifically whether it must be physical or not, whether it must necessarily arise from an illegitimate act, and whether it can be exerted by or to third parties. Through a normative approach, the paper focusses exclusively on contractual duress and seeks to illuminate these grey areas by examining Rwandan legal texts, judicial precedents, and insights from other jurisdictions. The goal is to provide a clearer framework for understanding and applying the concept of duress in Rwandan contract law. [ABSTRACT FROM AUTHOR]

The existing literature on sexual consent is extensive, but a new social approach to this topic is emerging, necessitating further research. This article addresses a gap in understanding how men's interactions with other men, who are not their sexual partners, both before and during sexual encounters, influence their approach to consent beyond sexual cues. The study involved sixteen interviews and two focus groups with men aged 18–25. Conducted within the framework of the Consent project (PID2019-110466RB-100), this research aims to analyze how communicative acts, beyond verbal exchanges, shape relationships where either consent or coercion prevails. The findings reveal that when men engage in coercive interactions with non-sexual male peers, these interactions can encourage the violation of consent in their sexual relationships. Conversely, some men reject this coercive behavior, take a stand, and support others in avoiding situations that compromise consent. These results underscore the importance of addressing norms of masculinity and male interactions to ensure that all individuals can autonomously make decisions about their sexual lives. [ABSTRACT FROM AUTHOR]

This case review considers Theis J's judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case. [ABSTRACT FROM AUTHOR]

All four UK nations have, in recent years, introduced "opt out" organ donation systems. Whilst these systems are largely similar, they operate independently. A key feature of each policy is a residency requirement, stipulating that opt out may only apply where the deceased had been ordinarily resident in that nation for at least 12 months. A resident of Scotland who dies in England, for example, would not fall under opt out. Public awareness is the underlying reasoning for such stipulations. A residency requirement was appropriate when Wales was the only UK nation with an opt out system, but, I suggest, the continued imposition of intra-UK borders on organ donation is unjustified now that all four nations operate the same policy. Further, it has the potential to limit organ donation. There is a need for all four systems to be amended to allow for UK-wide applicability, such that providing the deceased was ordinarily resident in the UK, they can fall under opt out in any of the four nations. I argue that such an amendment is ethically justified – continuing to satisfy the public awareness criterion – and practically straightforward. In doing so, I emphasise that my proposed amendment should extend only to the four UK nations, stopping short of the Crown Dependencies even though they also operate opt out systems for organ donation. [ABSTRACT FROM AUTHOR]

This research is one of the first studies to clarify how employees in the hospitality industry obey or resist to labour exploitation and domination, using Pierre Bourdieu's field theory. We collected data through semi-structured interviews with tourism employees in Antalya, a major tourist city in Türkiye. The findings show widespread exploitation and domination, with employees often complying due to benefits promised, fear of unemployment, oppression, loyalty, legal shortcomings, and a lack of organised resistance. Nonetheless, they resist through daily practices, categorised as individual or collective, explicit or implicit, and violent or non-violent. This study concludes that obedience and resistance help sustain exploitation and domination in the field. It offers insight that could contribute to liberating individuals by exposing power dynamics and has significant implications for putting into effect true democracy in hotel businesses. [ABSTRACT FROM AUTHOR]

The General Data Protection Regulation (GDPR) has imposed strict requirements for data sharing, one of which is informed consent. A common way to request consent online is via cookies. However, commonly, users accept online cookies being unaware of the meaning of the given consent and the following implications. Once consent is given, the cookie "disappears", and one forgets that consent was given in the first place. Retrieving cookies and consent logs becomes challenging, as most information is stored in the specific Internet browser's logs. To make users aware of the data sharing implied by cookie consent and to support transparency and traceability within systems, we present a knowledge graph (KG) based tool for personalised cookie consent information visualisation. The KG is based on the OntoCookie ontology, which models cookies in a machine-readable format and supports data interpretability across domains. Evaluation results confirm that the users' comprehension of the data shared through cookies is vague and insufficient. Furthermore, our work has resulted in an increase of 47.5% in the users' willingness to be cautious when viewing cookie banners before giving consent. These and other evaluation results confirm that our cookie data visualisation approach and tool help to increase users' awareness of cookies and data sharing. [ABSTRACT FROM AUTHOR]

Rape survivors are mostly women, and the perpetrators are mostly men. So, it has a social and cultural dimension.􀻲In the article, the problems regarding rape law are shown from the angle of the female rape survivors. The paper discusses how rape is interpreted in Georgian criminal law practice and why one paradigm of rape prevails to this day - a male stranger and a fighting woman who physically resists the perpetrator. Criminal nal" rules of action during rape; in particular, it determines what the "typical behavior" is for a woman before, during, and after sexual violence. If the female rape survivor's response does not fit into this standard, she remains outside the legal system; her voice is suppressed and disbelieved by the justice. The paper critically examines the Georgian legislative and judicial definition of rape; However, the research is not limited to this; it also includes an analysis of the approaches and scientific views of other jurisdictions. The paper supports a liberal understanding of sexual autonomy and consent. The goal of the paper is to show the essence of non-consensual sexual violence and its superiority compared to the old rape law. [ABSTRACT FROM AUTHOR]

Dentists providing implant dental treatment need to fully appreciate the legal and clinical issues that are relevant to implant dentistry. The legal aspects of implant dentistry, according to UK law, are described in this article. Suggestions for how the risks of implant treatment might be mitigated, with tips and examples are provided. [ABSTRACT FROM AUTHOR]

In the current article, I reflect on data from an ethnographic study at the National Training Academy of the Correctional Service of Canada (CSC), where I participated in the correctional officer training program (CTP) with the objective to gain appreciation for the many realities of the training process and content. Reflecting on experiences as a uniformed participant in the 14-week in-person component of the program, I describe the challenges tied to starting an immersive ethnography midcareer and unpack the central ethical dilemmas shaping data collection and article preparation. First, I speak to what it means to be part of the 14-week job interview with 24 other individuals, with a strong emphasis on how participant values and ethics align with those of the organization and the challenges of consent. Next, I unpack the complexities across relationships that emerge in doing ethnographies in an organization with a hierarchical structure, specifically the role conflict between being a researcher (e.g., working in partnership with CSC) and participant (e.g., doing the training). As an ethnographer, I did not want to affect the experiences or outcomes of other recruits, but my presence may have influenced them regardless of my intentions. I conclude by highlighting implications for further consideration when conducting ethnographic work in partnerships with organizations of justice. [ABSTRACT FROM AUTHOR]

Many important questions in health professions education require datasets that are built from several sources, in some cases using data collected for a different purpose. In building and maintaining these datasets, project leaders will need to make decisions about the data. While such decisions are often construed as technical, there are several normative concerns, such as who should have access, how the data will be used, how products resulting from the data will be shared, and how to ensure privacy of the individuals the data is about is respected, etc. Establishing a framework for data governance can help project leaders in avoiding problems, related to such matters, that could limit what can be learned from the data or that might put the project (or future projects) at risk. In this paper, we highlight several normative challenges to be addressed when determining a data governance framework. Drawing from lessons in global health, we illustrate three kinds of normative challenges for projects that rely on data from multiple sources or involved partnerships across institutions or jurisdictions: (1) legal and regulatory requirements, (2) consent, and (3) equitable sharing and fair distribution. [ABSTRACT FROM AUTHOR]

The existing literature on sexual consent is extensive, but a new social approach to this topic is emerging, necessitating further research. This article addresses a gap in understanding how men’s interactions with other men, who are not their sexual partners, both before and during sexual encounters, influence their approach to consent beyond sexual cues. The study involved sixteen interviews and two focus groups with men aged 18–25. Conducted within the framework of the Consent project (PID2019-110466RB-100), this research aims to analyze how communicative acts, beyond verbal exchanges, shape relationships where either consent or coercion prevails. The findings reveal that when men engage in coercive interactions with non-sexual male peers, these interactions can encourage the violation of consent in their sexual relationships. Conversely, some men reject this coercive behavior, take a stand, and support others in avoiding situations that compromise consent. These results underscore the importance of addressing norms of masculinity and male interactions to ensure that all individuals can autonomously make decisions about their sexual lives.

Abstract Introduction Traditionally, surgical procedures are explained through consultations between the surgeon and the patient to ensure informed consent. Patient education enhances engagement and knowledge, aiding informed decision-making. This study aimed to assess the effect of an educational video on preoperative patient knowledge and satisfaction in the context of total knee arthroplasty (TKA) as an adjunct to the consent process. Methods A prospective randomized controlled study involving 100 patients in dedicated elective orthopedic units in UK-based hospitals was conducted. After consultation with a dedicated knee surgeon and a preoperative education day for TKA run by dedicated orthopedic nurse specialists, patients were randomized into one of two limbs (video vs no video) at a 1:1 ratio. The treatment group (video group) was shown a video about the principles and steps of the procedure, including the recovery time. Following this, a 10-point knowledge test was completed, and patients rated their satisfaction with the preoperative education on a scale of 0–10. Results Patients in the video limb group had a significantly greater mean knowledge score and greater satisfaction with preoperative education than patients who did not view the video. The video group (n = 49) had a mean knowledge score of 8.73 +/− 0.159 compared to 7.68 +/− 0.281 for the nonvideo limb (n = 50) (p

The widespread use of e-commerce platforms in the era of the industrial revolution 4.0 cannot be separated from concerns about the use of personal data by these platforms without the consent of consumers. This can lead to misuse of consumers' personal data and causing losses. For this reason, regulations that protect consumer personal data from this are needed. In this regard, the existing legal instruments in Indonesia to protect personal data in general has been regulated in Law Number 27 of 2022 concerning Personal Data Protection and Government Regulation of the Republic of Indonesia Number 80 of 2019 concerning Trading Through Electronic Systems (PP 80/2019). The problem is, these regulations do not provide an affirmation regarding the terms and conditions of the format that must be made by e-commerce platforms, thus that they are often made with lengthy and complex legal language which results in the impression that consumers agree to the use of personal data, even though they do not know it. Regarding this problem, the authors provide recommendations for adding provisions to PP 80/2019 which contains a brief, clear, and simple format of terms and conditions that must be made by e-commerce platforms in relation to the use of personal data.

Abstract Regarding medico-legal malpractice suits, lawyers and insurers focus on informed consent documentation. Unfortunately, there is no standard protocol for obtaining informed consent for platelet-rich plasma (PRP) injections. The objective of the present study was to create a pre-designed, evidence-based informed consent form specifically for PRP injections. The current evidence on the medico-legal implications of PRP injections was accessed, as well as informed consent in general and specifically informed consent in PRP injections. Additionally, we interviewed orthopaedic surgeons and patients who had undergone PRP injections in the past year using a semi-structured approach. A legally valid and evidence-based informed consent form for PRP injections ensures rights, encouraging open communication and transparency between the patient and surgeon. Moreover, if a lawsuit arose, informed consent would be a critical document in surgeons' defence and would withstand scrutiny from lawyers and the judiciary. An evidence-based informed consent form for PRP injections was elaborated and reviewed by a legal expert to ensure adherence to legal proprieties. The final form of the informed consent for PRP injection was administered for one year and validated at our institution.

Two discrete legal factors enable the surgeon to treat an injured patient the fully informed, autonomous consent of the adult patient with capacity via civil law; and the medical exception to the criminal law. This article discusses current concepts in consent in trauma; and also considers the perhaps less well known medical exception to the Offences against the Person Act 1861, which exempts surgeons from criminal liability as long as they provide ‘proper medical treatment’. Cite this article: Bone Jt Open 2024;5(7):565–569.

Abstract Behavioural nudges are often criticised because they “work best in the dark”. However, recent experimental evidence suggests that the effectiveness of nudges is not reduced when they are delivered transparently. Most people also endorse transparent nudges. Yet, transparent nudging may undermine human autonomy—a minority may oppose to being nudged and feel manipulated, even if they know what is happening. We propose an alternative way of maintaining autonomy that is not reducible to transparency: individuals can be asked if they consent in advance to being nudged. To assess whether consensual nudges are effective, we ask consent from 1518 UK citizens to be nudged. Subsequently, we default all participants into donating to a charity of their choice, irrespective of self-reported consent. We find that the default nudge is equally effective for both consenting and non-consenting individuals, with negligible difference in average donations. However, non-consenting individuals report higher levels of resentment and regret and lower levels of happiness and support compared to the consenting group. Based on these findings, we argue that ignoring consent can have serious ethical ramifications for policy-making with nudges.

The issue of sexual violence that this article was tasked to deal with is neither new nor devoid of a regulating legislative framework. Moreover, a number of scientists from diff erent countries and institutions of the world have devoted their works to the topic under discussion, which has repeatedly been subjected to discussions in the European Court of Human Rights, International Criminal Court, and ad hoc tribunals.

Regarding medico-legal malpractice suits, lawyers and insurers focus on informed consent documentation. Unfortunately, there is no standard protocol for obtaining informed consent for platelet-rich plasma (PRP) injections. The objective of the present study was to create a pre-designed, evidence-based informed consent form specifically for PRP injections. The current evidence on the medico-legal implications of PRP injections was accessed, as well as informed consent in general and specifically informed consent in PRP injections. Additionally, we interviewed orthopaedic surgeons and patients who had undergone PRP injections in the past year using a semi-structured approach. A legally valid and evidence-based informed consent form for PRP injections ensures rights, encouraging open communication and transparency between the patient and surgeon. Moreover, if a lawsuit arose, informed consent would be a critical document in surgeons' defence and would withstand scrutiny from lawyers and the judiciary. An evidence-based informed consent form for PRP injections was elaborated and reviewed by a legal expert to ensure adherence to legal proprieties. The final form of the informed consent for PRP injection was administered for one year and validated at our institution. [ABSTRACT FROM AUTHOR]

Following #MeToo, sexual violence and consent have become more important to Australian governments, policy makers, and organisations addressing gender-based violence. Locating consent in a specific social system of ‘labour’, this article takes social reproduction as an entry point to examine the experiences of refugee and migrant anti-violence advocates in Australia. I suggest that current discourses of consent, as bodily autonomy and judicial power, act as a site of social reproduction through the creation of norms that uphold patriarchy and whiteness. Considered in this way, marginalised groups such as refugee and migrant women are not afforded adequate space and resources to theorise consent based on their own lived experiences. Interview participants (n = 19) are active in their ethnic and faith communities addressing GBV, as well as in organisations such as NGOs and policy domains. Utilising a lens of ‘Transformative Labour’ (Swanson, Resha Terae, and Erin Devorah Carreon. 2024. “Uncovering the Transformative Labor in Black Women’s Community Work.” Affilia, 08861099231223935. https://doi.org/10.1177/08861099231223935), the findings demonstrate the limits of consent when applied to refugee and migrant communities; the ways a history of different feminisms play out in current front-line interventions; and how mainstream, dominant groups might make space for marginalised groups to articulate their own identities, and the time and resources to theorise consent based on their own struggles. [ABSTRACT FROM AUTHOR]

Despite a growing need for mental health services for adolescents, treatment access among adolescents remains poor. Psychologists practicing in the United States are subject to highly variable legal standards for consent and confidentiality of minor clients, which can further suppress treatment accessibility. States permit independent consent for minors according to a wide range of criteria, but whether these criteria are empirically derived remains unknown. Inconsistencies between the law and ethical obligations for psychologists can expose minor clients to harm and force psychologists to make disclosures that violate patients' rights and ethical standards. These harms may be particularly severe for clients from vulnerable populations such as sexuality and gender diverse youth (SGDY). To prevent ethical dilemmas, psychologists and professional organizations should work toward an empirical understanding of the adolescent capacity to consent to mental health care and use that understanding to promote uniform consent and confidentiality standards. [ABSTRACT FROM AUTHOR]

Introduction: Informed consent is essential in ensuring patients' understanding of their medical condition, treatment, and potential risks. The objective of this study was to investigate the impact of utilizing a video consent compared to standard consent for patient knowledge and satisfaction in selected general surgical procedures. Methods and procedures: We included 118 patients undergoing appendectomy, cholecystectomy, inguinal hernia repair, and fundoplication at two hospitals in Omaha, NE. Patients were randomized to either a standard consent or a video consent. Outcomes included a pretest and posttest objective knowledge assessment of their procedure, as well as a satisfaction survey which was completed immediately after consent and following discharge. Given the pre-post design, a linear mixed-effect model was estimated for both outcomes. A two-way interaction effect was of primary interest to assess whether pre-to-post change in the outcome differed between patients randomized to standard or video consent. Results: Baseline characteristics were mostly similar between groups except for patient sex, p = 0.041. Both groups showed a statistically significant increase in knowledge from pretest to posttest (standard group: 0.25, 95% CI 0.01 to 0.51, p = 0.048; video group: 0.68, 95% CI 0.36 to 1.00, p < 0.001), with the video group showing significantly greater change (interaction p = 0.043) indicating that incorporating a video into the consent process resulted in a better improvement in patient's knowledge of the proposed procedure. Further, both groups showed a decrease in satisfaction post-discharge, but no statistically significant difference in the magnitude of decrease between the groups (interaction p = 0.309). Conclusion: Video consent lead to a significant improvement in a patient's knowledge of the proposed treatment. Although the patient satisfaction survey didn't show a significant difference, it did show a trend. We propose incorporating videos into the consent process for routine general surgical procedures. [ABSTRACT FROM AUTHOR]

In this article, we critically interrogate the concept of consent in relation to women's experiences of coerced and unwanted heterosexual anal sex. Among the 18 women we interviewed (all living in New Zealand), some clearly labelled their experiences of unwanted anal sex with men as nonconsensual. Many others, however, suggested that they had, in some way, consented. We identified two main discursive patterns in the ways that women discussed consent in these contexts: one that equated it with resignation, mostly associated with experiences of verbal pressure, and another that reduced consent to a lack of resistance to unwanted and unexpected anal penetration. Through these women's accounts, it was clear that consent and coercion are not mutually exclusive. Overall, consent in these cases was scripted within a gendered dynamic that was premised on men's sexual entitlement and women's traditional roles as sexual caretakers and gatekeepers. We argue that women's accounts and reflections on consent in this context illuminate structural fragilities in the very concept of sexual consent as a marker of ethical sex. Consent was substantively distinct from sexual enthusiasm and mutuality. We conclude that it fails in its promise to protect women against sex that is coercive and hurtful. [ABSTRACT FROM AUTHOR]