Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case study

Abstract Background The South African legal framework requires mandatory parental/legal guardian consent for all research with children. Ethics guidelines provide some reprieve by allowing RECs to grant waivers of parental or guardianship consent in certain defined circumstances. In the first instan...

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Main Authors: Ann Strode, Zaynab Essack
Format: Article
Language:English
Published: BMC 2022-09-01
Series:BMC Medical Ethics
Subjects:
Online Access:https://doi.org/10.1186/s12910-022-00833-5
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author Ann Strode
Zaynab Essack
author_facet Ann Strode
Zaynab Essack
author_sort Ann Strode
collection DOAJ
description Abstract Background The South African legal framework requires mandatory parental/legal guardian consent for all research with children. Ethics guidelines provide some reprieve by allowing RECs to grant waivers of parental or guardianship consent in certain defined circumstances. In the first instance, consent may be provided by a proxy when parents or guardians are unavailable, for example with orphaned children. In the second instance, guidelines permit adolescent self-consent when the nature of the study justifies this approach, for example, research on sensitive issues like sexual behaviour or substance use. Discussion South African guidelines set several conditions that must be met for waivers to be granted. These norms overlap with those in international guidelines. However, the ethical norms, especially related to self-consent are sometimes vague. This article critically evaluates the consent norms in the national ethics guidelines and makes recommendations for reform to ethics guidelines in a way that recognises the value of child participation in research, their evolving decision-making capacity and their best interests. Conclusion Recommendations are made to harmonise ethics guidelines and law in a way that promotes child participation in research, to ensure additional protections for adolescents when self-consent is allowed, and to withdraw procedural requirements for the community endorsement of self-consent strategies.
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spelling doaj.art-004c94ea086d4a6a947f52571ee551712022-12-22T03:47:59ZengBMCBMC Medical Ethics1472-69392022-09-012311610.1186/s12910-022-00833-5Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case studyAnn Strode0Zaynab Essack1School of Law, University of KwaZulu-NatalSchool of Law, University of KwaZulu-NatalAbstract Background The South African legal framework requires mandatory parental/legal guardian consent for all research with children. Ethics guidelines provide some reprieve by allowing RECs to grant waivers of parental or guardianship consent in certain defined circumstances. In the first instance, consent may be provided by a proxy when parents or guardians are unavailable, for example with orphaned children. In the second instance, guidelines permit adolescent self-consent when the nature of the study justifies this approach, for example, research on sensitive issues like sexual behaviour or substance use. Discussion South African guidelines set several conditions that must be met for waivers to be granted. These norms overlap with those in international guidelines. However, the ethical norms, especially related to self-consent are sometimes vague. This article critically evaluates the consent norms in the national ethics guidelines and makes recommendations for reform to ethics guidelines in a way that recognises the value of child participation in research, their evolving decision-making capacity and their best interests. Conclusion Recommendations are made to harmonise ethics guidelines and law in a way that promotes child participation in research, to ensure additional protections for adolescents when self-consent is allowed, and to withdraw procedural requirements for the community endorsement of self-consent strategies.https://doi.org/10.1186/s12910-022-00833-5Parental consentWaiversAdolescent researchCIOMSSouth AfricaEthics guidelines
spellingShingle Ann Strode
Zaynab Essack
Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case study
BMC Medical Ethics
Parental consent
Waivers
Adolescent research
CIOMS
South Africa
Ethics guidelines
title Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case study
title_full Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case study
title_fullStr Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case study
title_full_unstemmed Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case study
title_short Parental waivers to enable adolescent participation in certain forms of health research: lessons from a South African case study
title_sort parental waivers to enable adolescent participation in certain forms of health research lessons from a south african case study
topic Parental consent
Waivers
Adolescent research
CIOMS
South Africa
Ethics guidelines
url https://doi.org/10.1186/s12910-022-00833-5
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