Input to the addendum to the report of the Special Rapporteur on violence against women and girls to the HRC on the concept of consent in relation to violence against women and girls submitted by Netzwerk Ella. [1]
Autorin: Pani K. // Some of the questions asked by the special rapporteurs are addressed below: 1. “How has the concept of consent been defined in general, including in the different jurisdictions?” Consensus means that everyone involved wants the same thing and has given their valid consent. Consent to sexual activities must be given out of one’s own volition, without external influence. It must be personally and acknowledged before the sexual activities. Consent can be given explicitly verbally or through unambiguous behaviour. Silence alone does not constitute consent. Once given, consent can be revoked at any time, in which case the sexual acts must stop immediately. [2] Consent can be both specific and conditional and cannot be given retrospectively. If negative consequences are to be feared or expected in the event of revocation, consent does not exist. Consent is invalid if:1. the person is incapable of giving consent (due to alcohol, drugs, sleep…).2. there is a lack of will (due to error, deception…).3. there is a lack of knowledge (What will happen? What are the …
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