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Article
Publication date: 2 November 2015

Kevin Yeates

– The purpose of this paper is to explore the complex factors associated with informed consent in probation and parole settings.

Abstract

Purpose

The purpose of this paper is to explore the complex factors associated with informed consent in probation and parole settings.

Design/methodology/approach

The author conducted a literature review exploring informed consent in correctional settings. To identify articles for review, the author searched electronic peer-reviewed literature databases for articles on: informed consent, corrections, probation, parole, voluntariness, and coercion.

Findings

There is evidence in the literature to suggest that the informed consent process is significantly more complicated within correctional settings than in civilian contexts. The use of implicit and explicit coercion and determining an offender’s voluntariness status may be a problematic prospect unique to the setting. This manuscript makes recommendations to ensure informed consent is truly obtained and to safeguard client welfare.

Originality/value

There is a paucity of literature on providing mental health services in probation and parole settings. Furthermore, this paper is unique in discussing factors associated with the informed consent process in that context.

Details

Journal of Criminal Psychology, vol. 5 no. 4
Type: Research Article
ISSN: 2009-3829

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Book part
Publication date: 22 November 2019

Alexis M. Kenney

As biomedicine becomes increasingly enmeshed in modern life, biomedicalization processes have implications for reproductive policy, including abortion policy. Informed

Abstract

As biomedicine becomes increasingly enmeshed in modern life, biomedicalization processes have implications for reproductive policy, including abortion policy. Informed consent provisions have been a prominent trend in state-level abortion lawmaking in the United States in recent years. Modeled on the practice of securing informed consent for medical procedures, informed consent provisions stipulate the information a person must receive before they can consent to an abortion. Informed consent provisions purportedly require that this information be objective, scientifically accurate, and non-judgmental. Through an analysis of informed consent provisions in Texas abortion legislation from 1993 to 2015, this chapter explores how such provisions employ medical and biomedical tropes to frame regulations that restrict access to abortion care as ostensibly protecting women’s health and safety. I find that informed consent legislation in Texas selectively borrows from medical and biomedical lexicons, cites strategic empirical evidence, and co-opts medical techniques and experts in ways that encumber abortion access.

Details

Reproduction, Health, and Medicine
Type: Book
ISBN: 978-1-78756-172-4

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Book part
Publication date: 6 December 2018

Pablo Hernández-Marrero, Sandra Martins Pereira, Joana Araújo and Ana Sofia Carvalho

This chapter aims to provide an overview of the ethical framework and decision-making in clinical dementia research, and to analyze and discuss the ethical challenges and…

Abstract

This chapter aims to provide an overview of the ethical framework and decision-making in clinical dementia research, and to analyze and discuss the ethical challenges and issues that can arise when conducting clinical dementia research.

Informed consent is the most scrutinized and controversial aspect of clinical research ethics. In clinical dementia research, assessing decision-making capacity may be challenging as the nature and progress of each disease influences decision-making capacity in diverse ways. Persons with dementia represent a vulnerable population deserving special attention when developing, implementing, and evaluating the informed consent process. In this chapter, particular attention will be given to vulnerability categories and how these influence decision-making capacity. Ethical frameworks with a pragmatic contour and implication are needed to protect vulnerable patients from potential harms and ensure their optimal participation in clinical dementia research.

In addition, this chapter analyses important ethical challenges and issues in clinical dementia research. If handled thoughtfully, they would not pose insuperable barriers to research. But if they are ignored, they could slow the research process, alienate potential study subjects and cause harm to research participants. Ethical considerations in research involving persons with dementia primarily concern the representation of the interests of the participants with dementia and protection of their vulnerabilities and rights.

A core set of ethical questions and recommendations are drawn to aid researchers, institutional review boards and potential research participants in the process of participating in clinical dementia research.

Details

Ethics and Integrity in Health and Life Sciences Research
Type: Book
ISBN: 978-1-78743-572-8

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Article
Publication date: 1 June 2005

Sandra A. Mathers, Graham A. McKenzie and Rosemary A. Chesson

The main purpose of the study was to investigate practices relating to informed consent for radiological procedures.

Abstract

Purpose

The main purpose of the study was to investigate practices relating to informed consent for radiological procedures.

Design/methodology/approach

All Health Boards in Scotland (15) were included in the survey and 62 hospitals were contacted. A questionnaire was developed and sent to superintendent radiographers and radiology managers. Quantitative data were entered in to SPSS‐PC for analysis.

Findings

A response rate of 95.2 per cent (59/62) was achieved. A total of 15 hospitals described having a trust policy document on consent and six hospitals reported departmental policies. The majority of hospitals used consent forms for interventional procedures, but not for conventional procedures, although two hospitals obtained informed consent for intravenous urography, and one for barium enemas. All departments (n=25/25) using consent forms required the patient to sign the consent form and 20 departments retained the form. Nine departments placed these in the patient's medical records.

Research implications/limitations

The survey demonstrated considerable diversity in hospital practices regarding informed consent for radiological procedures. The findings have significant implications for clinical governance, especially regarding risk management. Some staff may be putting themselves at risk in an increasingly litigious society. The transferability of this Scottish study needs to be established through surveys in other parts of the UK.

Practical implications

The study reports diversity in practice when gaining informed consent for radiological procedures and the lack of standardisation for this process.

Originality/value

No previous UK empirical studies on informed consent for radiological procedures has been published.

Details

Clinical Governance: An International Journal, vol. 10 no. 2
Type: Research Article
ISSN: 1477-7274

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Book part
Publication date: 5 June 2020

Robert Godden

This chapter examines the rights of those who have their photograph taken for use by non-profit organisations (such as non-governmental organisations, charities, and…

Abstract

This chapter examines the rights of those who have their photograph taken for use by non-profit organisations (such as non-governmental organisations, charities, and academic institutions) and the obligations of those producing and using these images to not abuse those rights. The chapter focusses on informed consent as the key intersection of these rights and obligations. It examines the specifics of what is meant by ‘informed consent’ and the importance of the process of it being requested and given. The argument presented suggests, rather than seeing this process as a legal, one-off contract, that it should be seen as a relationship that may evolve over time and, to a degree, attempts to establish a more equitable relationship between those who produce and publish images and those who appear in them. It is suggested that this process can play a role in addressing a number of ethical issues, including the safety of the individual being photographed and how vulnerable populations are represented visually.

Details

Ethics and Integrity in Visual Research Methods
Type: Book
ISBN: 978-1-78769-420-0

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Article
Publication date: 9 May 2016

Amaya Noain-Sánchez

The purpose of this paper is to lay out an approach to addressing the problem of privacy protection in the global digital environment based on the importance that…

Abstract

Purpose

The purpose of this paper is to lay out an approach to addressing the problem of privacy protection in the global digital environment based on the importance that information has to improve users’ informational self-determination. Following this reasoning, this paper focuses on the suitable way to provide user with the correct amount of information they may need to maintain a desirable grade of autonomy as far as their privacy protection is concerned and decide whether or not to put their personal data on the internet.

Design/methodology/approach

The authors arrive at this point in their analysis by qualitative discourse analysis of the most relevant scientific papers and dossiers relating to privacy protection.

Findings

The goal of this paper is twofold. The first is to illustrate the importance of privacy by default and informed consent working together to protect information and communication technology (ICT) users’ privacy. The second goal is to develop a suitable way to administrate the mentioned “informed consent” to users.

Originality/value

To fulfil this purpose, the authors present a new concept of informed consent: active “informed consent” or “Opt-in” model by layers. “Opt-in” regimens have already been used with cookies but never with 2.0 applications, as, for instance, social network sites (SNS).

Details

Journal of Information, Communication and Ethics in Society, vol. 14 no. 2
Type: Research Article
ISSN: 1477-996X

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Book part
Publication date: 12 December 2017

Janet Salmons

When a study involves human participants, researchers need to ensure their safety and protect their identities. How do potential participants know what they are agreeing…

Abstract

When a study involves human participants, researchers need to ensure their safety and protect their identities. How do potential participants know what they are agreeing to contribute, and how and why the research is being conducted? Informed consent describes the process and agreements that answer such questions. Conventional consent protocols focused on preresearch discussions between the researcher and the potential participant, resulting in a signed document that verified the agreement. In research conducted with, on, or through social media, there are fewer opportunities for conversational explanations of formal documents. Simply posting legalistic documents is ineffective because Internet users typically do not read such materials before verifying agreement. Researchers need to understand communities, contexts, and communication styles of target participants and settings in order to provide information in familiar, user-friendly ways. Based on a review of literature about informed consent, and a study of current practices used by companies that need to verify agreements online, practical research suggestions are offered. Qualitative researchers who want to collect data through active interactions with human participants will find these examples and recommendations of use when designing their studies.

Details

The Ethics of Online Research
Type: Book
ISBN: 978-1-78714-486-6

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Article
Publication date: 1 September 2003

Pankaj Sharma, Anand Arya and Samrendu Singh

A prospective audit of 76 patients undergoing elective orthopaedic surgery was performed. The aim of this audit was to assess how effectively patients are consented at a…

Abstract

A prospective audit of 76 patients undergoing elective orthopaedic surgery was performed. The aim of this audit was to assess how effectively patients are consented at a busy teaching hospital, and to suggest improvements to the process. Evaluates the level of information attained by patients after giving consent and their overall satisfaction with the process by use of a questionnaire. Results demonstrated that patients were often given incomplete information about their management. Despite this, patients themselves felt that the level of information given to them was appropriate, and allowed them to make an informed decision. Suggests the use of written information sheets and Internet Web sites to supplement the provision of information to patients. These modalities will allow patients to access as much information as they desire, while avoiding any potential anxiety due to provision of excess information.

Details

Clinical Governance: An International Journal, vol. 8 no. 3
Type: Research Article
ISSN: 1477-7274

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Book part
Publication date: 12 December 2017

Matthew L. Williams, Pete Burnap, Luke Sloan, Curtis Jessop and Hayley Lepps

Some researchers consider most social media communications as public, and posts from networks such as Twitter are routinely harvested and published without anonymization…

Abstract

Some researchers consider most social media communications as public, and posts from networks such as Twitter are routinely harvested and published without anonymization and without direct consent from users. In this chapter, we argue that researchers must move beyond the permissions granted by ‘legal’ accounts of the use of these new forms of data (e.g., Terms and Conditions) to a more nuanced and reflexive ethical approach that puts user expectations, safety, and privacy rights center stage. Through two projects, we present qualitative and quantitative data that illustrate social media users’ views on the use of their data by researchers. Over four in five report expecting to be asked for their consent and nine in ten expect anonymity ahead of publication of their Twitter posts. Given the unique nature of this online public environment and what we know about users’ views pertaining to informed consent, anonymity, and harm, we conclude researchers seeking to embark on social media research should conduct a risk assessment to determine likely privacy infringement and potential user harm from publishing user content.

Details

The Ethics of Online Research
Type: Book
ISBN: 978-1-78714-486-6

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Book part
Publication date: 8 August 2008

The chapter discusses the uniqueness of qualitative research that does not allow meeting the terms of consent as they are applied in traditional, positivist research with…

Abstract

The chapter discusses the uniqueness of qualitative research that does not allow meeting the terms of consent as they are applied in traditional, positivist research with pre-defined goals that aim to validate hypotheses.

It is proposed adopting an ethics that promotes trust-based, reflective and dynamic relations between researchers and participants, centering on caring, humanity and concern. The suggested alternative approach views consent as an ongoing process that takes place throughout the entire course of the study; responsibility for protection of participants is expected of participants too, and is not the duty of researchers alone; mutuality must take place in the form of an ongoing, continuous dialogue; it is in order to consider fair recompense for participants too, thus reducing the one-sidedness of the research interest, and the chances that participants will decide to withdraw before completion of the study.

Details

Access, a Zone of Comprehension, and Intrusion
Type: Book
ISBN: 978-1-84663-891-6

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