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Journal articles on the topic 'Free consent'

Author: Grafiati

Published: 10 September 2021

Last updated: 29 July 2025

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1

Araujo, Liliana Gonçalves, Carlos Gramani Guedes, Malthus Fonseca Galvão, and Sérgio De Freitas Pedrosa. "Illustrated Term of Free and Informed Consent." Revista da ABENO 8, no. 2 (2008): 174–78. http://dx.doi.org/10.30979/rev.abeno.v8i2.1366.

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Este trabalho tem como objetivo propor o uso do Termo de Consentimento Livre e Esclarecido Ilustrado (TCLEI), adequado ao Código de Defesa do Consumidor e demais leis aplicáveis, de modo simples para profissionais e acessível aos pacientes. Tendo em vista que nos casos de processos judiciais, o ônus da prova recai sobre os profissionais, cabe a estes a responsabilidade na elaboração e arquivamento dos prontuários. A ocorrência de processos na área, envolvendo tratamentos executados em clínicas de instituições educacionais de graduação e pós-graduação em odontologia, reforça a preocupação dos d

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Concone, Maria Helena Villas Bôas, and Ceneide Maria De Oliveira Cerveny. "Research and the (free and) informed consent." Ciência & Saúde Coletiva 13, no. 2 (2008): 341–49. http://dx.doi.org/10.1590/s1413-81232008000200009.

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The aim of this article was to reflect about the Free and Informed Consent (IC) in qualitative researches in the health field. Coming from the experience of being part of a CER (Committee for Ethic in Research) in the health area the authoresses place in debate some important questions, exploring them and conducting suggestions. One of these questions and topic of analysis is the meaning of IC, as for the participant as for the researcher.

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Silva Filho, Carlindo. "Free and informed consent of pediatric patients." Residência Pediátrica 6, no. 3 (2016): 167–68. http://dx.doi.org/10.25060/residpediatr-2016.v6n3-15.

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4

Moser, David J., Rebecca L. Reese, Susan K. Schultz, et al. "Informed Consent in Medication-Free Schizophrenia Research." American Journal of Psychiatry 162, no. 6 (2005): 1209–11. http://dx.doi.org/10.1176/appi.ajp.162.6.1209.

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5

Hazarika, Suman, and Rochita Raman. "Editors' Column: Of Consent and Free Will." Journal of Gastrointestinal and Abdominal Radiology 08, no. 01 (2025): 001–2. https://doi.org/10.1055/s-0045-1806869.

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Castro, Talita Garcia do Nascimento de, Lina Domênica Mapelli, and Thais de Oliveira Gozzo. "CONSENT OF CLINICAL RESEARCH PARTICIPANTS: FREE AND ENCOURAGED?" International Journal of Health Science 2, no. 15 (2022): 2–12. http://dx.doi.org/10.22533/at.ed.1592152215031.

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Bogomolnaia, Anna, Michel Le Breton, Alexei Savvateev, and Shlomo Weber. "Stability under unanimous consent, free mobility and core." International Journal of Game Theory 35, no. 2 (2006): 185–204. http://dx.doi.org/10.1007/s00182-006-0043-4.

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8

Baker, Dennis J. "Scalarity and divided consent: analysing rape." Journal of Legal Philosophy 49, no. 2 (2024): 71–96. http://dx.doi.org/10.4337/jlp.2024.02.01.

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In this essay, it is submitted that consent comes in degrees and the wrongfulness and harmfulness of conduct is contingent on the degree of voluntariness underwriting the particular consent decision. A fully free decision to consent changes the normative nature of the act: genuine gift-giving is not theft. Lovemaking is not rape. Partially free decisions to consent can change the nature of the act if it makes the act less harmful and thus less wrongful. Partial consent is not about claiming that the conduct was partially justified, but rather about demonstrating the particular act was less har

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Chen, Yiqiu, and Markus Möller. "Regret‐free truth‐telling in school choice with consent." Theoretical Economics 19, no. 2 (2024): 635–66. http://dx.doi.org/10.3982/te4979.

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Efficiency Adjusted Deferred Acceptance Rule (EDA) is a promising candidate mechanism for a public school assignment. A potential drawback of EDA is that it could encourage students to game the system since it is not strategy‐proof. However, to successfully strategize, students typically need information that is unlikely to be available to them in practice. We model school choice under incomplete information and show that EDA is regret‐free truth‐telling, which is a weaker incentive property than strategy‐proofness and was introduced by Fernandez (2020). We also show that there is no efficient

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10

Parisi, Francesco, and Jonathan Klick. "The Differential Calculus of Consent." Journal of Public Finance and Public Choice 20, no. 2 (2002): 115–24. http://dx.doi.org/10.1332/251569202x15665366114888.

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Abstract Existing treatments of the choice of an optimal voting rule ignore the effects of the rule on political bargaining. Specifically, more stringent majority requirements reduce intra-coalitional free riding in political compromise, leading to greater gains from political trade. Once this benefit of increasing the vote share necessary to enact a proposal is recognized, we suggest that the optimal voting rule in the presence of transactions costs will actually be closer to unanimity than the optimal majority derived by Buchanan - Tullock [1962].

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11

Block, Walter, and Thomas J. DiLorenzo. "The Calculus of Consent Revisited." Public Finance and Management 1, no. 3 (2001): 305–21. http://dx.doi.org/10.1177/152397210100100303.

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Buchanan and Tullock have a reputation as radical defenders of private property, markets, free enterprise, limited government and libertarianism. While this account is to some degree correct, the present paper shall argue that it is exaggerated. It will show that their supposed adherence to these doctrines and philosophies is at best a moderate, not a radical, one, because of numerous errors with respect to their theories of democracy, ruling class, constitutionalism, contract, voting, methodological individualism, and the relation between government and private enterprise

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12

Siddiqui, Dilnawaz A. "Manufacturing Consent." American Journal of Islam and Society 7, no. 1 (1990): 91–94. http://dx.doi.org/10.35632/ajis.v7i1.2671.

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With the increased efficiency of mass communication technology therehas been enhanced sophistication in its varied utilization. Correspondingly,a few fresher perspectives of mass media analysis have also appeared in recentyears.Wiebe's (1975) The Segmented Society offered a sociological interpretationof mass media contents which, according to him, aggravated the growingisolation of individuals from their social organizations. Williams (1982) wroteof serious dangers of the concentrated control of powerful media. In the sameyear, Berger (1982) dealt with the three types of media analysis techniq

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Lepola, Pirkko, Allison Needham, Jo Mendum, Peter Sallabank, David Neubauer, and Saskia de Wildt. "Informed consent for paediatric clinical trials in Europe." Archives of Disease in Childhood 101, no. 11 (2016): 1017–25. http://dx.doi.org/10.1136/archdischild-2015-310001.

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ObjectivePaediatric clinical trials are often conducted as multinational trials. Informed consent or assent is part of the ethics committee approval for clinical trials. The consent requirements vary between countries due to national laws and regulations, which are not harmonised in Europe. These discrepancies can present challenges for paediatric clinical trials. The aim of this study was to assemble these consent and assent requirements across the European Economic Area. The collated national requirements have not been publicly available before, despite a real need for this data.MethodsNatio

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14

Healey, Richard. "From Individual to Collective Consent: The Case of Indigenous Peoples and undrip." International Journal on Minority and Group Rights 27, no. 2 (2019): 251–69. http://dx.doi.org/10.1163/15718115-02702006.

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Much of the debate around requirements for the free, prior, and informed consent of indigenous peoples has focused on enabling indigenous communities to participate in various forms of democratic decision-making alongside the state and other actors. Against this backdrop, this article sets out to defend three claims. The first two of these claims are conceptual in nature: (i) Giving (collective) consent and participating in the making of (collective) decisions are distinct activities; (ii) Despite some scepticism, there is a coherent conception of collective consent available to us, continuous

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15

Chuaire, Lilian, and Magda Carolina Sánchez. "Plato and the contemporary informed consent." Colombia Medica 38, no. 3 (2007): 297–300. http://dx.doi.org/10.25100/cm.v38i3.512.

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Informed consent is an ethical concept inherent to contemporary medical practice and research. In recognition of its importance, some Plato’s ideas are examined, on the basis of the influence upon its definition and reaches, especially what refers to the connection between the quality of a free person and his right to make decisions about his health.

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Sinaga, Haposan Sahala Raja. "Judicial Review of the Phrase “Without Victim Consent” in Permendikbudristek 30/2021 concerning the Prevention and Handling of Sexual Violence in University Environment." International Journal of Research and Innovation in Social Science VII, no. VIII (2023): 379–86. http://dx.doi.org/10.47772/ijriss.2023.7826.

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This paper is motivated by the debate over the use of the phrase without the victim’s consent in the Ministerial Regulation of the Education, Culture, Research and Technology of the Republic of Indonesia Ministry Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in the University Environment which is considered to open opportunities and opportunities for liberation of immoral acts to occur which in turn can lead to free sex activity in the university environment. Apart from that, it has provided a free space for agreements on immoral behavior and free sexual activity

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17

Graupner, Helmut. "Sexual Consent and Human Rights." Boyhood Studies 4, no. 2 (2010): 99–102. http://dx.doi.org/10.3149/thy.0402.99.

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The basic human right to sexual autonomy and self‐determination encompasses two sides: it enshrines both the right to engage in wanted sexuality on the one hand, and the right to be free and protected from unwanted sexuality, from sexual abuse and sexual violence on the other. This concept elaborated by the European Court of Human Rights, in the light of European legal consensus, suggests that the age of consent for sexual relations (outside of relationships of authority and outside of pornography and prostitution) should be set between 12 and 16 years. In any event the age of criminal respons

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18

Vilhauer, Benjamin. "Free Will Denial, Punishment, and Original Position Deliberation." Diametros 21, no. 79 (2024): 91–106. http://dx.doi.org/10.33392/diam.1928.

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I defend a deontological social contract justification of punishment for philosophers who deny free will and moral responsibility (FW/MR). Even if nobody has FW/MR, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of violent criminals if prison conditions were better than the state of nature but deterring enough to prevent the state of

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19

Adriana Pakendek, Adriana Pakendek. "INFORMED CONSENT DALAM PELAYANAN KESEHATAN." AL-IHKAM: Jurnal Hukum & Pranata Sosial 5, no. 2 (2012): 309–18. http://dx.doi.org/10.19105/al-lhkam.v5i2.296.

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Abstract: It is a must to apply the informed consent in public health service, particularly in a hosptal. As a matter of fact, some medical patients or the representative does not comprehend the term informed consent due to the ineffective communication between the patient and physician. Whereas, a doctor should have a legal informed consent to execute medical action from the patient, otherwise she/he would experience a question of law; private and punitive law as well as indisciplinary punishment. A petient is able to deny an informed consent, yet it is identified as an informed refusal. Howe

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20

Piquemal, Nathalie. "Free and Informed Consent in Research Involving Native American Communities." American Indian Culture and Research Journal 25, no. 1 (2001): 65–79. http://dx.doi.org/10.17953/aicr.25.1.g67261j557p2p13m.

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21

Shrinkhal, Rashwet. "“Free Prior Informed Consent” as a Right of Indigenous Peoples." Journal of National Law University Delhi 2, no. 1 (2014): 54–65. http://dx.doi.org/10.1177/2277401720140103.

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22

Fernández, Raquel, and Joyce Cheng Wong. "Free to Leave? A Welfare Analysis of Divorce Regimes." American Economic Journal: Macroeconomics 9, no. 3 (2017): 72–115. http://dx.doi.org/10.1257/mac.20150293.

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During the 1970s, the United States switched from mutual consent to a unilateral divorce regime. Who benefited/lost from this change? We develop a dynamic life cycle model in which agents make consumption, saving, work, and marital-status decisions under a given divorce regime. Calibrating the model to match key moments for the 1940 cohort and conditioning solely on gender, our ex ante welfare analysis finds that women fare better under mutual consent whereas men prefer a unilateral system. Conditioning as well on initial productivity (expected income), we find that the top three quintiles of

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23

Herzanych, Vitaliy M., Taras O. Datso, Oksana I. Matviienko, and Viktoriia Yu Svyshcho. "Informed consent of the patient for medical intervention for conducting biomedical research." Wiadomości Lekarskie 77, no. 3 (2024): 572–76. http://dx.doi.org/10.36740/wlek202403128.

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Aim: is to find out the peculiarities of informed consent of the patient for medical intervention during biomedical research. Materials and Methods: The dialectical method was used as a universal and general scientific method, which made it possible to consider the peculiarities of the content of the patient’s informed consent. Using the logico-semantic method, the essence and features of biomedical research with the patient’s participation were determined. The formal-legal method is used to analyze adaptation processes of biomedical research. System-structural method were applied when compari

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24

Erol, Alkim. "Freedom and control in the digital age." Human Affairs 30, no. 4 (2020): 570–76. http://dx.doi.org/10.1515/humaff-2020-0050.

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AbstractMany conceive information and communications technologies (ICT) as providing a free space which bolsters the freedom of individuals. This is because the technologies, and the ways we use them, are thought to be grounded in consent given by individuals. However, it will be argued that individuals, by their own self-regulated consent-based actions when using ICT, are actually alleviating their own individual freedoms. This novel phenomenon, which Deleuze and Guattari have drawn our attention to, is a consequence of the de-territorialization and re-territorialization of desires, shaped by

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Searle, Jason. "Exploring Alternatives to the "Consultation or Consent" Paradigm." Michigan Journal of Environmental & Administrative Law, no. 6.2 (2017): 485. http://dx.doi.org/10.36640/mjeal.6.2.exploring.

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The Dakota Access Pipeline brought the question of what adequate tribal consultation requires to the forefront. Some would argue that consultation is a weak standard and that only adopting a new standard of free, prior, and informed consent can guarantee tribes greater control and respect. However, the “consultation or consent” paradigm does not take into account important sources of law that do not fit under “consultation” or “consent” and yet could be valuable in strengthening tribes’ claims in the absence of a consent standard.

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26

Rice, Roberta. "The Politics of Free, Prior and Informed Consent: Indigenous Rights and Resource Governance in Ecuador and Yukon, Canada." International Journal on Minority and Group Rights 27, no. 2 (2020): 336–56. http://dx.doi.org/10.1163/15718115-02702007.

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What are the institutional arrangements required to implement a genuine process of free, prior and informed consent (fpic)? This article provides a comparative perspective on the politics of consent in the context of relations between Indigenous peoples, states and extractive industries in Canada and Latin America. The case of Ecuador is presented as an emblematic example of a hybrid regime in which Indigenous communities have the right to free, prior and informed consultation, not consent, concerning planned measures affecting them, such as mineral, oil and gas exploitation. In the case of Yu

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Guapizaca Jiménez, Erick. "An Old Dilemma in Deep Seabed Mining: Free, Prior, and Informed Consent of Indigenous Peoples in Areas Beyond National Jurisdiction." AJIL Unbound 118 (2024): 83–87. http://dx.doi.org/10.1017/aju.2024.10.

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Free, prior, and informed consent of Indigenous peoples (prior consent) is a principle of international law that requires states to consult and obtain the consent of Indigenous peoples before projects or legislation that may affect their rights are approved. This principle is applicable to land-based mining projects unfolding in lands titled to Indigenous peoples. The extractive industry's extension to the deep sea is imminent, with the promising but controversial prospect of critical minerals essential for the transition to renewable energy. The application of prior consent in deep seabed min

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Khymych, N., and O. Korchynskyi. "Informed consent of the patient for medical intervention during biomedical research." Uzhhorod National University Herald. Series: Law 2, no. 80 (2024): 376–82. http://dx.doi.org/10.24144/2307-3322.2023.80.2.60.

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The article reflects the concept of «informed consent of the patient», indicates the normative regulation and consolidation of this concept, examines the issues of the right to give consent for medical research and the right to refuse to carry it out, analyzes the principle of a person’s free consent in the context of international legal acts, and the relevance of this topic for today is also emphasized. Human life is a complex and mysterious mechanism that combines physical and spiritual essence. Often, during the entire life path, a person faces various obstacles to his quality existen

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Chapman, Niamh, Rebekah McWhirter, Matthew K. Armstrong, et al. "Self-directed multimedia process for delivering participant informed consent." BMJ Open 10, no. 7 (2020): e036977. http://dx.doi.org/10.1136/bmjopen-2020-036977.

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ObjectiveObtaining informed consent is a cornerstone requirement of conducting ethical research. Traditional paper-based consent is often excessively lengthy and may fail to achieve the desired participant understanding of study requirements. Multimedia tools including video and audio may be a useful alternative. This study aimed to determine the efficacy, usability and acceptability of self-directed multimedia delivery of participant consent.DesignIt is a single-centre, randomised, prospective study to determine the efficacy, usability and acceptability of a self-directed multimedia consent p

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Yücedağ, Nafiye, Elif Beyza Akkanat Öztürk, and Şehriban İpek Aşıkoğlu. "Pay or Consent Models in Europe: Already Outdated or an Overlooked Crisis in Freely Given Consent?" Technology and Regulation 2025 (July 16, 2025): 336–54. https://doi.org/10.71265/8jjzhc21.

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The transition from free digital services to paid models has sparked significant debate, particularly concerning the Pay or Consent model which allows users to either pay for services or consent to data processing. This study examines the model’s compliance with the requirement of freely given consent under data protection laws, focusing on decisions and guidelines from courts, data protection authorities and the European Data Protection Board (EDPB). It critically evaluates the applicability of a uniform standard across all online service providers, exploring whether a differentiated approach

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Lago, Ignacio, and Ferran Martinez i Coma. "Challenge or Consent? Understanding Losers’ Reactions in Mass Elections." Government and Opposition 52, no. 3 (2016): 412–36. http://dx.doi.org/10.1017/gov.2015.31.

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The conditions under which losers are willing to challenge the results of elections remain an open question. Using data from the Electoral Integrity Project for 66 democratic and non-democratic countries in 2012 and 2013, we measure how parties or candidates react once votes have been cast and one of them is declared the winner. Do they accept or challenge the results? This measure allows us to examine the causal mechanisms that account for the self-enforcing nature of democracies. Our findings show that losers’ consent increases with free and fair elections and in more economically developed

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32

Gasparov, Igor. "Evil and Free Will: Contemporary Free-Will Defense and Classical Theism." Philosophy. Journal of the Higher School of Economics IV, no. 4 (2020): 15–34. http://dx.doi.org/10.17323/2587-8719-2020-4-15-34.

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The article considers contemporary free will defences, proposed by A. Plantinga, R. Swinburne, according to which the existence of a world in which there is free will is something more valuable than the existence of a world in which there is no free will. It is shown that contemporary forms of free will defences share with atheistic arguments from evil an anthropomorphic model of God, in which God is thought as an individual among other individuals, although endowed with attributes such as omniscience and omnipotence to an excellent degree. It has also been shown that another important point o

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33

Savage, James G., and Mark W. Zacher. "Free Flow versus Prior Consent: The Jurisdictional Battle over International Telecommunications." International Journal 42, no. 2 (1987): 342. http://dx.doi.org/10.2307/40202454.

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Savage, James G., and Mark W. Zacher. "Free Flow versus Prior Consent: The Jurisdictional Battle over International Telecommunications." International Journal: Canada's Journal of Global Policy Analysis 42, no. 2 (1987): 342–63. http://dx.doi.org/10.1177/002070208704200206.

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35

George, Dalton R., Todd Kuiken, and Jason A. Delborne. "Articulating ‘free, prior and informed consent’ (FPIC) for engineered gene drives." Proceedings of the Royal Society B: Biological Sciences 286, no. 1917 (2019): 20191484. http://dx.doi.org/10.1098/rspb.2019.1484.

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Recent statements by United Nations bodies point to free, prior and informed consent (FPIC) as a potential requirement in the development of engineered gene drive applications. As a concept developed in the context of protecting Indigenous rights to self-determination in land development scenarios, FPIC would need to be extended to apply to the context of ecological editing. Without an explicit framework of application, FPIC could be interpreted as a narrowly framed process of community consultation focused on the social implications of technology, and award little formal or advisory power in

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36

Hofbauer, Jane A. "Foreign Investments Meet Free, Prior and Informed Consent (FPIC) – Whose Sovereignty?" Austrian Review of International and European Law Online 18, no. 1 (2016): 71–98. http://dx.doi.org/10.1163/15736512-90000004b.

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Papillon, Martin, Jean Leclair, and Dominique Leydet. "Free, Prior and Informed Consent: Between Legal Ambiguity and Political Agency." International Journal on Minority and Group Rights 27, no. 2 (2020): 223–32. http://dx.doi.org/10.1163/15718115-02702015.

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Brosnan, Liz, and Eilionóir Flynn. "Freedom to negotiate: a proposal extricating ‘capacity’ from ‘consent’." International Journal of Law in Context 13, no. 1 (2017): 58–76. http://dx.doi.org/10.1017/s1744552316000471.

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AbstractIn this paper, we seek to radically reframe the legal construct of consent from a disability perspective. Drawing on feminist scholarship and human rights standards around ‘free and informed consent’, we apply a concept of freedom to negotiate to laws regulating both consent to sex and medical treatment – key areas in which the legal agency of people with disabilities (especially people with cognitive disabilities) is routinely denied, restricted or ignored. We set out the essential ingredients for reframing consent: namely, legal personhood, freedom to negotiate and understanding. We

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Coetsee, Marilie. "In Answer to the Pauline Principle: Consent, Logical Constraints, and Free Will." Religions 14, no. 1 (2022): 28. http://dx.doi.org/10.3390/rel14010028.

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James Sterba uses the Pauline Principle to argue that the occurrence of significant, horrendous evils is logically incompatible with the existence of a good God. The Pauline Principle states that (as a rule) one must never do evil so that good may come from it, and according to Sterba, this principle implies that God may not permit significant evils even if that permission would be necessary to secure other, greater goods. By contrast, I argue that the occurrence of significant evils is logically compatible with the existence of a good God because victims of significant evils may themselves re

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Aurich, Beate, Eric Vermeulen, Valéry Elie, et al. "Informed consent for neonatal trials: practical points to consider and a check list." BMJ Paediatrics Open 4, no. 1 (2020): e000847. http://dx.doi.org/10.1136/bmjpo-2020-000847.

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Obtaining informed consent from parents of critically ill neonates can be challenging. The parental decision-making process is influenced by the severity of the child’s condition, the benefit–risk balance, their emotional state and the quality of the relationship with the clinical team. Independent of local legislation, parents may prefer that consent is sought from both. Misconceptions about the absence of risks or unrealistic expectations about benefits should be openly addressed to avoid misunderstandings which may harm the relationship with the clinical team. Continuous consent can be soug

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Eisenberg, Avigail. "Consent, Resistance and the Duty to Consult." International Journal on Minority and Group Rights 27, no. 2 (2020): 270–90. http://dx.doi.org/10.1163/15718115-02702012.

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Until recently, conflicts between Indigenous peoples and the Canadian state over land development projects have proceeded without the requirement that the state or companies obtain Indigenous consent. In 2018, this changed when the Government of Canada released a statement identifying ‘free, prior, and informed consent’ (fpic) as a requirement of meaningful engagement on projects that implicate Indigenous rights. This article considers the promise of consent within consultation processes. Consent is better than its absence, but conflicts over land development often involve rival claims to auth

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Mukisa, P. K., D. M. Tumusiime, C. Webersik, E. T. Liwenga, and J. R. S. Tabuti. "Dissenting voices in a consenting village: lessons from implementation of free, prior and informed consent at a REDD+ pilot in Tanzania." International Forestry Review 22, no. 1 (2020): 120–31. http://dx.doi.org/10.1505/146554820828671508.

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Free, prior and informed consent (FPIC) is a key institutional tool in meeting social safeguards. Its implementation ensures respect of the local people's rights in an intervention. This paper presents a case of FPIC implementation at a REDD+ pilot site. Data were obtained through key informant interviews and focus group discussions with proponents and village members of the Lindi REDD+ project. Findings indicate that the inclusive approach to FPIC by taking the consultations to the hamlet level did not deliver a flawless process. The consent decision was reached by a majority vote, not consen

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Hoff, Shannon. "Locke and the Nature of Political Authority." Review of Politics 77, no. 1 (2015): 1–22. http://dx.doi.org/10.1017/s0034670514000813.

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AbstractThis paper aims to illuminate the ongoing significance of Locke's political philosophy. It argues that the legitimacy of political authority lies, according to Locke, in the extent to which it collaborates with individuals so as to allow them to be themselves more effectively, and in its answerability to the consent such individuals should thereby give it. The first section discusses how the free will inevitably asserts its authority; the second shows the inevitability of the will's incorporation of authority as a kind of prosthesis, which in turn transforms the operation of the will;

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McCorquodale, Robert, Jennifer Robinson, and Nicola Peart. "TERRITORIAL INTEGRITY AND CONSENT IN THE CHAGOS ADVISORY OPINION." International and Comparative Law Quarterly 69, no. 1 (2020): 221–38. http://dx.doi.org/10.1017/s0020589319000551.

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AbstractA key element of the right to self-determination is territorial integrity. This has usually been considered solely in relation to the territorial integrity of an existing State seeking to resist claims by peoples for the right to self-determination. Yet the Chagos Opinion by the International Court of Justice examines a different type of territorial integrity—that of the colonial territory itself. This article explores the consequence of the Court's view that the territorial integrity of the colonial territory is a matter of customary international law, and that any division, integrati

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Moerloose, Stéphanie de. "Indigenous Peoples’ Free, Prior and Informed Consent (FPIC) and the World Bank Safeguards: Between Norm Emergence and Concept Appropriation." Verfassung in Recht und Übersee 53, no. 3 (2020): 223–44. http://dx.doi.org/10.5771/0506-7286-2020-3-223.

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The question of the consent of indigenous peoples is at least as old as colonization. Indeed, the consent of indigenous peoples was already an issue at the heart of treaty-making between colonial settlers and indigenous peoples. The issue of indigenous peoples’ consent, understood as their Free, Prior and Informed Consent (FPIC), has been re-emerging and gaining acceptance internationally in international Human Rights law over the last 30 years. When the new World Bank safeguards were adopted in 2016, one of the most discussed topics during the consultation rounds had been the integration in t

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Vidican, Roxana Denisa, Ionel DIDEA, and Diana Maria ILIE. "VICES OF CONSENT CONCERNING THE CIVIL LEGAL ACT." Agora International Journal of Juridical Sciences 11, no. 2 (2018): 106–11. http://dx.doi.org/10.15837/aijjs.v11i2.3168.

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"The right is the totality of the conditions under which the will of each can coexist with the will of all, according to a universal law of freedom".Immanuel Kant.The requirement that the expression of will to be uncorrupted is a legal necessity, but also a guarantee of compliance with the principle of freedom of civil legal acts, the real principle of will and the principle of law which enshrines the legal equality of the parties to civil legal relationship since the legal civil act must be the consequence of a volitional attitude, free and conscious expressed

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NAGAR, Anirudha. "The Juukan Gorge Incident: Key Lessons on Free, Prior and Informed Consent." Business and Human Rights Journal 6, no. 2 (2021): 377–83. http://dx.doi.org/10.1017/bhj.2021.18.

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On 24 May 2020, Rio Tinto detonated an area of the Juukan Gorge in the Pilbara in Western Australia as part of its iron ore mining operations, damaging two ancient rock shelters with profound cultural significance to the Puutu Kunti Kurrama and Pinikura (PKKP) People.1 The incident has brought international attention to the importance of Indigenous cultural heritage within broader environmental, social and governance (ESG) considerations.

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Sherpa, Pasang D., and Tunga B. Rai. "Experience of Nepali Indigenous Peoples on Free, Prior and Informed Consent (FPIC)." Journal of Forest and Livelihood 11, no. 2 (2013): 82–86. http://dx.doi.org/10.3126/jfl.v11i2.8626.

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Bernat, Erwin. "Abortion Without Free and Informed Consent? an Austrian Case of First Impression." Journal of Medicine and Philosophy 26, no. 3 (2001): 311–21. http://dx.doi.org/10.1076/jmep.26.3.311.3020.

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Rodhouse, Toyah, and Frank Vanclay. "Is free, prior and informed consent a form of corporate social responsibility?" Journal of Cleaner Production 131 (September 2016): 785–94. http://dx.doi.org/10.1016/j.jclepro.2016.04.075.

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