The age of consent in the Republic of Congo is 18, regardless of sexual orientation and/or gender. Sexual intercourse with a minor is punishable by up to 5 years in prison and a fine of 10,000,000 CFA. [58] There are generally two main forms of parental consent used in social science and health research involving adolescents. Active consent requires an affirmative response from parents in order for a young person to participate in research. Passive consent presupposes a positive response from the parent, unless the parent indicates otherwise [13, 14]. Active consent is assumed to be accompanied by greater certainty that a parent has actually read and understood the details of the research project, whereas with passive consent, a parent`s lack of response may be due to their inability to receive, read or understand the letter, rather than their willingness to let the child participate [13]. Active consent is also thought to bring a sense of parental involvement to the research project, which may be important for interventions aimed at reducing rates of risky sexual behaviour among adolescents and/or changing social norms. However, active parental consent – often indicated by a signature on a form – is not always a real indication of an adult`s understanding or involvement in the research in question [15, 16]. Gallagher M, Haywood SL, Jones MW, Milne S: Negotiating informed consent in school-based research: a critical review.
Children and society. 2010, 24: 471-482. 10.1111/J.1099-0860.2009.00240.x. The age of consent in Algeria is 16 for vaginal intercourse, as stipulated in article 334 of the Penal Code. [1] While well-intentioned, the additional legal protection provided in the National Health Act may have the unintended consequence of reducing participation rates in school-based adolescent sexual and reproductive health research, thereby excluding the most vulnerable students. The law may also impact young people`s right to dignity and privacy, particularly given the personal nature of sex and sexuality research. Decentralised and discretionary decision-making, empowering local ethics boards for human research to allow for a wider range of safeguards, including passive consent, independent consent of young people or community consultation, should be considered. The continued and direct participation of young people in their sexual and reproductive health and well-being is an important principle that must be respected. The age of consent to sexual intercourse (“sexual intercourse” is 16 years in accordance with article 138 of the Criminal Code. [86] “Heterosexual sodomy” (and/or oral sex with a partner of the opposite sex) is illegal, Article 388 of the Penal Code.
As well as all sexual conduct between persons of the same sex, Article 338, and “violations of public decency”, Article 333. The penalty for the first two activities with people under the age of 19 is more severe for the older participant. [2] The age of consent is 15, but charges can also be laid against individuals between the ages of 15 and 17 if the act “corrupts” or “incites the minor to debauchery.” The requirement for active parental consent may not be appropriate for all study environments and populations, particularly when cultural norms differ from Western ethical norms [19]. Concerns about the new guidelines are not limited to the concrete ways in which they may impede the conduct of research. By prohibiting students between the ages of 12 and 18 from giving independent consent in all circumstances, the enactment of Article 71 of the National Health Act No. 61, 2003 may affect a child`s right to dignity and privacy [4, 33]. Confidentiality is a central element of research ethics, especially in research on sensitive topics such as sexuality. In South Africa in particular, discussions about sexuality are often stigmatized [34] and parent-child communication about sex and sexuality is often limited [32]. As a result, a teen may not feel comfortable confronting a parent or guardian with a sexual and reproductive health research study, or may be rejected if they choose to do so.[32] If a parent interprets a teen`s desire to participate in a sexual and reproductive health study as evidence that their child is sexually active, the child may lose access to or knowledge of sexual and reproductive health services due to stricter parental supervision [10].
The age of consent is 18, starting with the Penal Code (Amendment) Act 2018,[6] Same-sex relations were legalized in July 2019. However, the official age of consent is still 16. This means that adults (in South Africa, an adult is a person over the age of 18) are not allowed to have sex with minors (12, 13, 14 and 15 years old). Previously, the age of consent under Rhodesian rule was 12, then it has been raised to 16 since 2015. [90] The age of consent is 15, regardless of gender. Homosexual acts may be illegal under article 151 of the Criminal Code (crimes against nature). The Act reads as follows: We propose that the laws governing research in South Africa take into account unique social circumstances. The National Health Act will prevent children without a legal guardian from having access to research that could be very useful to them in reducing rates of risky sexual behavior, pregnancy and STI/HIV transmission. This is particularly problematic because orphans and vulnerable children, especially those without guardians, are at increased risk of contracting HIV and other sexually transmitted diseases and becoming pregnant [26]. The age of consent in Angola is 14, but sexual activity with persons under the age of 16 is prohibited if a person over the age of 18 “takes advantage of his or her inexperience or a special need situation.” Even if you both agree, the law will say that a person who is over the age of consent is breaking the law because they have sex with someone under the age of 17. Consent laws apply to people of all genders, genders and sexualities.
(c) the understanding and knowledge of the person is such that he or she has not been able to give consent. Failure to understand informed consent may be a particular problem in South Africa, where illiteracy rates are high [18, 19]. Parents may not feel comfortable signing or fingerprinting a document they can`t fully understand, or their signature may not be a valid sign of their understanding.[16] In addition to literacy rates, cultural and linguistic differences can impede informed consent, as can the effect of a power imbalance between the researcher and the subject and the subject`s parents [19]. Some countries in Africa require people to be married before they can legally have sex. These are Libya and Sudan, both of which have conservative views on sexuality and gender. Article 5 also applies only to female victims and sets the age of consent for men at 16. [30] Adolescents are in the process of becoming fully independent individuals [32] and, although an adolescent`s degree of autonomy and cognitive consent varies from person to person, it is generally accepted that 12-year-olds are old enough to make autonomous and informed decisions about their participation in school-based adolescent sexuality research that poses minimal risk to them [27].