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Persuasion Strategies01:52

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Consenting to sexual activity.

Richard Griffith1

  • 1Senior Lecturer in Health Law, College of Health Science, Swansea University.

British Journal of Community Nursing
|August 3, 2017
PubMed
Summary

Adults with acquired brain injury or learning disability have a right to sexual activity. This review examines case law on capacity to consent, ensuring human rights are upheld without state interference.

Area of Science:

  • Law
  • Human Rights
  • Disability Studies

Background:

  • Sexual activity is a human right under the European Convention on Human Rights.
  • Concerns exist regarding the capacity of individuals with acquired brain injury or learning disabilities to consent to sexual activity.
  • District nurses often face dilemmas in assessing this capacity.

Purpose of the Study:

  • To review case law concerning the capacity to consent to sexual activity.
  • To clarify legal standards for assessing consent in vulnerable populations.
  • To inform practice regarding the sexual rights of adults with acquired brain injury or learning disabilities.

Main Methods:

  • Review of relevant European case law.
  • Analysis of legal precedents on capacity and consent.
Keywords:
act specificconsentdecision-making capacityprohibited decisionssexual activity

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  • Examination of legal scholarship and ethical considerations.

    • Main Results:

    • Case law provides a framework for assessing capacity to consent to sexual activity.
    • Capacity is decision-specific and must be assessed individually.
    • Legal principles aim to balance protection with the right to sexual autonomy.

    Conclusions:

    • The right to engage in sexual activity is fundamental for adults with acquired brain injury or learning disabilities.
    • Legal frameworks support the capacity to consent when specific criteria are met.
    • Further guidance may be needed for healthcare professionals to navigate these complex issues.