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Assent vs Consent (in Regards to Bodily Autonomy and Circumcision)

assent vs consent anti-circumcision
by
Blog
March 3, 2024

The concepts of assent and consent are crucial in ethical decision-making across various contexts, standing as fundamental principles to ensure respect and autonomy. Despite their importance, the subtle differences between these terms are often overlooked, leading to misunderstandings.

Understanding the disparities between assent and consent is vital in bodily autonomy and medical procedures, where clarity and comprehension are essential. In this article, we will explore the significant difference between assent and consent, shedding light on their implications and applications in ethical dilemmas.

With a focus on anti-circumcision, the discussion will examine how these concepts intersect with medical ethics and individual rights issues.

The Difference Between Assent and Consent

Consent

Consent is a foundational principle deeply entrenched in law and ethics, requiring that any agreement be informed, voluntary, and originate from an individual considered competent to provide it. In legal terms, this pivotal concept signifies a person’s unequivocal endorsement of an action or proposal based on a comprehensive understanding of all relevant facts and potential outcomes. 

Assent

Assent, closely linked to consent, typically involves an agreement provided by individuals who cannot provide legal consent due to age or mental capacity. This type of agreement is commonly sought in various scenarios involving minors, particularly in research or medical interventions, showcasing respect for their evolving autonomy. It plays a crucial role in ensuring decisions made on behalf of minors consider their perspectives and best interests, aligning with ethical principles of autonomy and beneficence.

The Legal Landscape

The legal frameworks related to consent and assent exhibit significant variations across diverse domains like medical care, research participation, and educational interventions. These discrepancies underscore the intricate balance between legal mandates, ethical considerations, and individual rights. Establishing clear guidelines is vital to ensuring ethical compliance and upholding the autonomy and dignity of individuals in these varied settings.

Ethical Considerations

Ethically, it’s critical to differentiate between assent and consent to uphold individual rights and autonomy. This highlights the importance of informed decision-making, particularly when consent capacity may be compromised. It stresses the need for a nuanced approach that balances personal autonomy, ethical principles, and societal expectations. 

Consent and Assent in Medical Procedures

In medical settings, it’s crucial to obtain consent or assent before proceeding with treatment. Healthcare providers must explain procedures, risks, benefits, and alternatives to patients or guardians, especially with minors. This ensures voluntary, informed decisions, promoting patient-centered healthcare.

Anti-Circumcision Perspective on Consent

Background on Circumcision

Circumcision, a surgical procedure involving foreskin removal from male genitalia, has a long history spanning millennia. Motivated by medical, religious, and cultural factors, this practice sparks debates on ethical considerations like consent and assent. The controversy has spurred discussions on its historical origins and modern-day implications, with intactivist groups like ours and many others drawing special attention to the fact that circumcision is medically unnecessary and a human rights violation. 

“Many people believe that parents should be free to make any decision for their children whatsoever. However, there ARE limits to parental decision-making, and many of these are inscribed in law.

For example:

  • It is illegal to tattoo a child, whether the child’s parent approves or not.
  • Parents cannot force their minor children to go to work instead of going to school.
  • Parents cannot consent to a neighbor having sexual relations with their minor sons or daughters.

In medicine, parental consent is valid only for the treatment of conditions that threaten the life or health of the child.”

— Intact America

The Debate on Consent and Assent in Circumcision

The argument against infant circumcision highlights the ethical concerns surrounding the procedure, emphasizing the importance of bodily autonomy and informed decision-making. This surgical practice involves removing the foreskin from a male infant’s penis and has sparked debates due to cultural, religious, and medical factors.

This Penis Business, by Georganne Chapin

Voices from the Anti-Circumcision Movement

Numerous organizations and individuals advocate against non-consensual circumcision, emphasizing the need for alternative cultural practices that respect individual autonomy and keep boys and men intact. Their arguments hinge on the belief that such irreversible decisions should be left until the individual can fully consent.

The Importance of Dialogue and Education

Promoting public discourse and education on consent and assent empowers individuals and communities with knowledge. We aim to foster a culture that values personal autonomy, informed decision-making, and respect for individual choices. This approach nurtures a society where every voice is heard and honored, contributing to a more inclusive and understanding community.

Recognizing the difference between assent and consent goes beyond a mere academic exercise; it is a cornerstone in honoring individual rights and autonomy. Amid ongoing societal debates on issues like circumcision, the imperative for continual education and ethical reflection grows increasingly evident. Engaging in informed discussions and championing the rights of the most vulnerable is a moral obligation. Assent pertains to agreement from individuals who may lack total consent capacity, like minors or those with cognitive impairments. This distinction underscores the significance of upholding ethical norms and protecting the autonomy of all individuals, especially in contexts involving vulnerable communities. By nurturing a culture that values informed decision-making and prioritizes respect for individual agency, we can help shape a fairer and more compassionate society.

People Also Ask These Questions About Assent vs Consent

What Is the Key Difference Between Assent and Consent?

The key difference lies in the level of understanding and agreement. Consent is a fully informed, voluntary agreement given by someone capable of making that decision, typically an adult. Conversely, assent is an agreement from someone unable to give legal consent, often a minor, indicating a general agreement or willingness to participate.

Why Is Understanding Assent vs Consent Important in Medical Procedures?

Understanding these terms is crucial in medical settings to ensure ethical standards are met and patients’ rights are respected. Consent is required for most medical procedures, indicating that the patient fully understands and agrees to the treatment. Assent is sought in addition to consent from a parent or guardian when treating minors, ensuring the child’s willingness to proceed with the treatment.

Can Minors Give Consent for Medical Treatments?

Generally, minors cannot give consent for medical treatments due to age limitations on legal decision-making capacity. Instead, they may provide assent while a parent or guardian gives formal consent. However, there are exceptions based on the minor’s maturity level, the seriousness of the condition, and emancipation statutes in some jurisdictions.

How Do Laws Differ Regarding Assent and Consent Across Countries?

Laws regarding assent and consent vary significantly across countries, especially concerning age limits for consent and recognizing assent in medical or research contexts. Some countries have specific guidelines for obtaining assent from minors in addition to parental consent, emphasizing the importance of respecting the minor’s developing autonomy.

What Role Does Assent Play in Research Involving Children?

In research involving children, assent is necessary for respecting the child’s developing autonomy and willingness to participate. Ethical guidelines require researchers to obtain assent from children who are capable of expressing their willingness and obtaining consent from their parents or guardians.

How Are Assent and Consent Addressed in Online Privacy Laws?

Online privacy laws, such as the GDPR in the European Union, often require clear and affirmative consent for the processing of personal data. For minors, these laws typically mandate obtaining consent from a parent or guardian, though the age at which a minor can give their own consent varies. The concept of assent does not explicitly apply in this context but reflects the broader principle of protecting individuals’ rights and autonomy online.

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Marilyn

Marilyn Fayre Milos, multiple award winner for her humanitarian work to end routine infant circumcision in the United States and advocating for the rights of infants and children to genital autonomy, has written a warm and compelling memoir of her path to becoming “the founding mother of the intactivist movement.” Needing to support her family as a single mother in the early sixties, Milos taught banjo—having learned to play from Jerry Garcia (later of The Grateful Dead)—and worked as an assistant to comedian and social critic Lenny Bruce, typing out the content of his shows and transcribing court proceedings of his trials for obscenity. After Lenny’s death, she found her voice as an activist as part of the counterculture revolution, living in Haight Ashbury in San Francisco during the 1967 Summer of Love, and honed her organizational skills by creating an alternative education open classroom (still operating) in Marin County. 

After witnessing the pain and trauma of the circumcision of a newborn baby boy when she was a nursing student at Marin College, Milos learned everything she could about why infants were subjected to such brutal surgery. The more she read and discovered, the more convinced she became that circumcision had no medical benefits. As a nurse on the obstetrical unit at Marin General Hospital, she committed to making sure parents understood what circumcision entailed before signing a consent form. Considered an agitator and forced to resign in 1985, she co-founded NOCIRC (National Organization of Circumcision Information Resource Centers) and began organizing international symposia on circumcision, genital autonomy, and human rights. Milos edited and published the proceedings from the above-mentioned symposia and has written numerous articles in her quest to end circumcision and protect children’s bodily integrity. She currently serves on the board of directors of Intact America.

Georganne

Georganne Chapin is a healthcare expert, attorney, social justice advocate, and founding executive director of Intact America, the nation’s most influential organization opposing the U.S. medical industry’s penchant for surgically altering the genitals of male children (“circumcision”). Under her leadership, Intact America has definitively documented tactics used by U.S. doctors and healthcare facilities to pathologize the male foreskin, pressure parents into circumcising their sons, and forcibly retract the foreskins of intact boys, creating potentially lifelong, iatrogenic harm. 

Chapin holds a BA in Anthropology from Barnard College, and a Master’s degree in Sociomedical Sciences from Columbia University. For 25 years, she served as president and chief executive officer of Hudson Health Plan, a nonprofit Medicaid insurer in New York’s Hudson Valley. Mid-career, she enrolled in an evening law program, where she explored the legal and ethical issues underlying routine male circumcision, a subject that had interested her since witnessing the aftermath of the surgery conducted on her younger brother. She received her Juris Doctor degree from Pace University School of Law in 2003, and was subsequently admitted to the New York Bar. As an adjunct professor, she taught Bioethics and Medicaid and Disability Law at Pace, and Bioethics in Dominican College’s doctoral program for advanced practice nurses.

In 2004, Chapin founded the nonprofit Hudson Center for Health Equity and Quality, a company that designs software and provides consulting services designed to reduce administrative complexities, streamline and integrate data collection and reporting, and enhance access to care for those in need. In 2008, she co-founded Intact America.

Chapin has published many articles and op-ed essays, and has been interviewed on local, national and international television, radio and podcasts about ways the U.S. healthcare system prioritizes profits over people’s basic needs. She cites routine (nontherapeutic) infant circumcision as a prime example of a practice that wastes money and harms boys and the men they will become. This Penis Business: A Memoir is her first book.