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Implied consent. Participation in the study is proof of consent. This is acceptable for studies that provide anonymity, such as opinion surveys. A statement at the top of the instrument should clearly state that by filling it, the participant consents to participate, but does not wave any of their rights as research participant. Projects using implied consent should use the consent statementtemplate provided in this website, or a similar document, in their proposal. It provides active implied consent.
To be informed, consent must be given by persons who are competent to consent, have consented voluntarily, are fully informed about the research, and have comprehended what they have been told. Unless they are emancipated minors, individuals under 18 may never give consent. Also question the legal competence of people affected by mental illness, or institutionalized in the prison system. If a person is not legally competent to give consent, a parent or legal guardian has to give it. The participant may still give assent.
Some participants, although not legally competent, are able to make judgment about their participation themselves. This is the case for teenagers and some mentally impaired individuals, for instance. The assent formgives them an opportunity to express their agreement to participate in research in writing, beyond the consent given by a legal guardian or parent. Although the assent is not legally binding, and does not dispense a researcher from obtaining consent from a parent or legal guardian, it is advisable as sound ethical practice. It reinforces the voluntary nature of participation.
Oral consent should be considered when obtaining explicit, active consent is essential, but the risk or discomfort involved in the process is too great to make written consent a valid option. Some populations, such as criminals, undocumented immigrants, or the homeless, may be placed at legal risk, or be suspicious of leaving a written trace, and refuse to participate. Or, the topic of the research may be highly sensitive, because it concerns behavior and attitudes that, even though legal, are socially condemned. Should the records be exposed, or a criminal investigation take place, researchers themselves may become liable. Oral consent is also a valid option for participants that are uncomfortable reading and writing, and may be too embarrassed by the written consent process to participate in research. In that case, the researcher should record the reading of a consent statement, and the clear answers of the participants indicating willingness to participate. The recording verifies informed oral consent.
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