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Affirmative consent with respect to the Charter of Fundamental Rights of the EU LISTINY ZÁKLADNÍCH PRÁV EU*

Publication at Faculty of Law |
2018

Abstract

The article deals with a current topic regarding the principle of affirmative consent which means an explicit consent with a sexual intercourse with respect to Charter of Fundamental Rights of the EU. The first part is devoted to a legal definition of the affirmative consent and the analysis of its particular aspects.

The following chapters comment on the legislative framework of this doctrine in the US and Europe. The last chapter is focused on the potential problems and risks that may arise when applying the policy of the affirmative consent.