AQA A2 Law Unit 3 - Evaluations - Consent

Informed Consent

• Contradictions in the law lead to confusion

Richardson  - If victim's were are that the dentist had been struck off, they would not have given consent

Tabassum - Consent under false pretences - Breast examinations, believed he was a medical professional ( No genuine consent)

Dica - Consent under false pretences - Biological GBH

( How the law and morality reflect each other)

Euthanasia

Euthanasia is illegal - you cannot give consent to die

Decision was challenged by Tony Nicklinson - Suffered from locked in syndrome - Appeal rejected 

Some people believe we should have the right to autonomy  (freedom of choice to die)

• May impact on elderly, seriously ill and disabled as their lives would be seen as less valuable 
• Santity of life would be undermined 

Individual Freedom

Should the law alter individual's choices?

Brown - what is done in the home should not be criticised by law until may cause serious harm ( Sado-masicism)

• People can give consent to body adornments but not sexual gratification 

How law is linked to morality 

Reforms

Law Commission 

• Clarity due to conflicting decisions 
• Consent valid unless causing serious disabling or causes death