Alderson, Priscilla; (2012) Children’s consent and ‘assent’ to healthcare research. In: Freeman, M, (ed.) Law and Childhood Studies: Current Legal Issues Volume 14. (pp. 174-189). Oxford University Press: Oxford, UK.

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Abstract

The idea of children’s ‘assent’ to medical research became part of English law in 2004. However, this overrides English legal traditions of children’s consent. Although this paper concentrates on English law and guidance, it has international relevance. English law integrates with European law and also has influence over more than a billion people in the 54 British Commonwealth countries. Ethics guidance in England on consent to research influences international projects, based in Britain and conducted in Europe and in every other continent. Discussions about children’s consent and assent illuminate meeting points between law and childhood studies across the world. This paper will examine contrasting meanings of consent and ‘assent’, and will review the related law and ethics. I will discuss whether children’s consent or their assent offers them best support and protection while they are considering whether to take part in research, and while they are research subjects. Examples of some present problems will be given, which indicate the need for broader understanding of children’s consent.

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