3.1 Analyse Factors That Influence the Capacity of an Individual to Express Consent
Although the term “consent” can refer to a number of different things depending on the context in which it is used, in general it describes an agreement between two people to participate in particular activities. It is crucial that consent be communicated in a clear and concise manner on the actual terms that are associated with the agreement. Communication plays an important role in the process of fostering a sense of respect for one another within the context of one’s own boundaries among persons.
The ability of an adult to absorb information directly related to making an educated, voluntary decision is what is meant to be referred to by the phrase “consent capacity.” The capacity of a person to comprehend such information may be impaired due to a wide range of illnesses, disorders, physical conditions, and injuries. We are going to describe a range of factors that influence an individual’s mental capacity and ability to express consent and what measures to take if an individual is not in the state of giving their consent.
Factors Influencing Individual’s Mental Capacity
Factors that contribute to an individual’s inability to make their own decisions are those that are linked with their health in some way. It is possible for individuals to overcome their challenges through consistent practice and supervision, which enables individuals to participate in the decision-making process, which indicates that their capacities are growing. Following are the comprehensively describe factors that influence the capacity of an individual to express consent, as well as the causes and triggers that maximize those factors;
- Substance Abuse
- Neurological Disorders
- Degenerative Conditions
Do substance abuse individuals have capacity to provide consent?
A recent study found that about two-thirds of addicts were able to make decisions and could give their permission to take part in research. Although, being an addict cannot refrain an individual from providing a consent. Because, a few of individuals are still in their stability of mental health. If we analyse factors that influence the capacity of an individual to express consent; the use of illicit drugs is not a learned behavior. However, substance abuse individuals have an impairs with an autonomy.
Causes & Triggers of Substance Abuse:
- Peer pressure
Do depressive individuals have capacity to provide consent?
Consent that is “situation-specific” is always required for valid reasons. A person who suffers from a mental disorder could be able to provide legal consent for specific actions but not for others. Therefore, depressed individuals may be able to give informed or uninformed consent; yet, it is important for doctors and closer ones to assess if the decision to refuse medical treatment is rational, internally consistent, and in accordance with the patient’s previous life choices and beliefs.
Causes & Triggers of Depression:
- Substance Abuse
- Death of loved ones
- Childhood traumas
Do substance neurodivergent individuals have capacity to provide consent?
Neurodivergent means that your brain works differently than the brain of a “neurotypical” person. This could be because they have different social tastes, ways of learning, ways of speaking, or ways of seeing the world. Neurodiversity refers to a group of people, not to a single person. Neurodivergent means that a person has a brain difference that is not as common, such as Autism, ADHD, dyslexia, dyspraxia, etc.
Autism makes it hard for some people to understand body language. The person may tell you verbally or through their body language if they agree or do not agree. Do not forget that they do not have to say “no,” and that they might say it with their body language.
Causes & Triggers of Neurodivergent:
- Nutritional factors
- Physical traumas
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