ABSTRACT

Consent is the power to render permissible what is otherwise impermissible and that is exercised through the communication of words or actions. Children are deemed incapable of exercising that power. The incapacity is volitional and cognitive, but it is complex inasmuch as it must be judged relative to the relevant matter.

In the absence of consent, one might appeal simply to a child’s best interest, or – what is difficult to understand – to what the child would consent to if competent, or accord others such as parents the right of proxy consent. One should also grant the child a voice on matters affecting her interest, weighting it according to her maturity.

The different roles of consent in the domains of political legitimation, sex, and medicine are considered. Consent is distinguished from assent. Finally, a child’s putative consent to an open future is evaluated.