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The information reflects the situation up to 1 January 2014. Updates are made based on subsequent developments as soon as FRA is aware of a change.
If you have any feedback on the data we would be happy to receive your comments by email at: childrights@fra.europa.eu.
The map below shows the age requirements for parental consent for children's participation in research in each EU Member State.
Source: FRA, 2014
The information provided below describes legal requirements and procedures for involving children in research, including in particular procedures of ethics approval and informed consent of children and their parents for all EU Member States.
Context of legal framework and ethical codes of conduct: Data Protection Act 2000[1]
Age: n/a
Consent: In social research - Children might participate in surveys provided that the child’s parent has given his/her consent[2]
Role of children: n/a
Role of parents: n/a
Institutions: n/a
Ethical approval: n/a
Other sources: [3] [4] [5] [6]
Context of legal framework and ethical codes of conduct: Law of 8 December 1992 on the protection of privacy in relation to the processing of personal data [7]
Consent: n/a
Schools: When parents are not involved in the carrying out of the research, the director, vice-director or teacher will provide the consent in place of the parents. This consent will also not always be given in a written form, as there is no general consensus on how consent should be given [8]
Other sources: [9]
Context of legal framework and ethical codes of conduct: Child Protection Act [10]; Ethical Code for the People Working with Children [11]; Ethical Code of the Bulgarian Media [12] ; Protection of Personal Data Act, art 5 [13]
Consent: Non-Obligatory: researchers have to inform the family and involve children in the decision-making process. Every child has the right to freedom of expression of opinion and the right to formulate own views and to freely express them [11]
Role of children: When the child is over 14, his/her consent is needed [10]
Role of parents: Current practice - Parental consent is always needed [14]
Schools: n/a
Institutions: Social Assistance Department (which is the body that officially applies measures applied to children at risk by the Child Protection Departments subordinated to the Social Assistance Departments) should also give written opinion if the research includes collection and dissemination of personal data
Other Sources: [15]
Context of legal framework and ethical codes of conduct: Code of Ethics for Research Involving Children [16] ; National Pedagogical Standard for Preschool Education [17], National Pedagogical Standard for Elementary Education [18], National Pedagogical Standard for Secondary Education [19]; Act on the Protection of Patients’ Rights [20]
Age: < 14 parental consent
> 14, child consent [16]
Consent: Informed and obligatory
Parental consent for <14 children
>14 children consent oral or written
Duty to inform the participants of the results of the research
Role of children: Children between 7 and 14: have to be informed about the research in terms appropriate to their age
Role of parents: Parents or guardians have to be informed about the research even when parental consent is not required
Schools: Written consent from the parents of each child involved in the research Ethical approval is needed from the Ministry of Science, Education and Sports, and from the educational institution's director. Researchers have to submit a request and description of the project indicating age range of children they intend to use as subjects and submit the instrument (e.g. questionnaire) plus consent form letter
Procedure length: between three to six weeks [17] [18] [19]
Ethical approval: Approval needed from the relevant institutional ethics committee [16]
Other Sources: [21]
Context of legal framework and ethical codes of conduct: Operational guidelines of the Cyprus National Bioethics Committee (CNBC) [22]; Centre of Educational Research and Evaluation (CERE), Guidelines for the submission of the online application [23]
Consent: Practice - Parental written consent form and child's opinion should be respected [24]
Role of children: Practice - Child opinion should be respected
Schools: Practice - Written consent is required from the student's parents, when a study is conducted in public schools. Obligatory approval is needed from the Directorates of the Ministry of Education and Culture (MoEC) through the Center of Educational Research and Evaluation (CERE). The whole approval procedure may take four to five weeks. After the completion of the research study, the researcher has to submit a summary of the results to the MoEC. [23] [25]
Institutions: Approval needed from the Director of Social Welfare Services (replacing parental consent) [26]
Context of legal framework and ethical codes of conduct: Ethical Framework of Research by Ministry of Education [27] , Youth and Sports Esomar guidelines [28] ; Ethical Regulations of Czech Association for Social Anthropology; Psychology, Sociology, Pedagogy
Age: Informed consent by parents for <14 [27] [28]
Consent: Non-obligatory. No regulation on the need of written informed consent but written form is preferred [27]
Role of children: Child’s expression of its voluntary participation. Non-obligatory
Role of parents: Informed consent by parents/guardians. Non-obligatory
Schools: <14: Informed consent from teacher or schoolmasters. Non-obligatory for pre-school age: presence of parents or other person close to child [28]
Other Sources: [29] [30] [31] [32] [33] [34]
Context of legal framework and ethical codes of conduct: Act on Processing of Personal Data [35] ; Guidelines of the Danish Social Science Research Council (DSSRC) [36] ; NCHRE [37]
Consent: Non-Obligatory
Role of children: The child must receive information orally
Role of parents: The parents must receive sufficient information
Other Sources: [38]
Context of legal framework and ethical codes of conduct: Personal Data Protection Act; [39] Code on Market and Social Research (ICC/ESOMAR) [40]
Consent: Non-obligatory. The consent of the parent shall first be obtained before interviewing children. Oral consent is enough [40]
Schools: The teacher can consent. Oral consent is enough (Non-obligatory) [40]
Ethical approval: In absence of ethic committee for social research, some researchers submit applications to the medical ethics committee (Tallinn Medical Research Ethics Committee Research Ethics Committee of the University of Tartu [42] and the Tallinn Medical Research Ethics Committee [43]). The following information needs to be provided to the Commitee in Tartu: description of the research methodology that includes questionnaires and tests; an analysis of ethical aspects of the research; the information sheets for the informants and the forms of consent; list of researchers carrying out the research, their academic qualifications; information about the financing of the research [42]
Other Sources: [41]
Context of legal framework and ethical codes of conduct: Personal data Act (1999) [44] ; TENK-Recommendations from the National Advisory board on research ethics-TENK [45] ; Child Custody and Right of Access Act (362/1984) [46]
Consent: No specific provision for children. Recommendations from the National Advisory board on research ethics-TENK [44] [45]
Role of children: Researchers must always respect a children's autonomy and the principle of voluntary participation
Role of parents: No parental consent required if research is pre-school or school, no individual identification information is collected, and school principal thinks research is useful for institutions. When consent is not sought from parents, and children under 15, an ethical pre-evaluation should be conducted. Parent has the right to deny a child's participation in other than medical research [44] [45] [46]
Schools: Practice - May differ from municipality to municipality, but usually approval from local school board is necessary. Example: Helsinki region requires written consent from parents and from children (Approval of the Helsinki board takes around 1 month time) [45] [47]
Institutions: In institutional settings such as prisons, child protection institutions, hospitals, homes for the elderly and similar places, it is recommended that consent is sought from each and every subject [45]
Ethical approval: Not required for social research, but increasingly used in the fields of nursing, psychology and physical education. The ethical approval is sought through regional ethics committees. Universities and other institutions can also have their own ethical approval[45]
Other Sources: n/a
Context of legal framework and ethical codes of conduct: French Data Protection Authority (CNIL) 'Education Guide' and the 'Higher Education and Research Guide’ [48] ; France, Public Health Code (Code de la santé publique), article L1122-1-1 [49] ; Code of Education (Code de l’éducation) [50]
Schools: When research is undertaken in both state and private schools, the consent of the parents or the children is never expected. However, French law requires that information on the research being conducted is provided to the families, which in turn allows them, if they wish, not to send their children to an establishment undertaking research. Students' right to prior information must be guaranteed. The survey questionnaire sent to students should mention the wording of Law No. 78-17 of 6 January 1978 relating to data protection and civil liberties [50]
Context of legal framework and ethical codes of conduct: Association of Market and Social Research Agencies - ADM guidelines
Consent: Depends on Federal States and context
Schools: In some States minors up to age of 18 written informed consent by parents Berlin only < 14; north-Rhine Westphalia also exceptions possible, e.g. that head teacher can approve Most States demand approval from respective supervisory school authority (Schulaufsichtsbehoerde), a governmental body: Obligatory [51]
Institutions: Research in juveniles detention centres (14-24); approval by responsible ministers of justice. Situation comparable to school settings in regard to federal responsibilities
Ethical approval: Ethical codes of conduct by scholarly associations (Sociology, Psychology, Education), but no remarks on research involving children Schools: no specific time frame for the procedures of approval, time-consuming, differs from state to state [52] [53] [54]
Other Sources: [55]
Context of legal framework and ethical codes of conduct: Civil Code [56] ; Personal Data Law [57] ; Hellenic Data protection authority and self-regulatory code of advertisement & communication [58] ; Code of media Ethics; Law 2619/1998 [59] , Law 3984/2011 [60]
Age: Different degrees of responsibility from 10, 14 and 15 years [56]
Role of children: Obligatory - Child consent required in school research
Role of parents: Parental consent is required when research in school, but no specification of age groups. Parental consent is required always for children with disabilities.
Schools: There is a special form on written consent for parents and children in the website of the Hellenic School Network. In cases of children with disabilities - There is in addition the approval by the Special education dept. in the Ministry of Education Approval of Ministry of Education (takes between 2 weeks and 9 months, in cases of academic research) and if sensitive data is collected, then extra permission from Hellenic Data Protection authority is necessary [61]
Institutions: Researchers apply to institutions, who forward to Ministry of Health or Ministry of Justice. If personal data are necessary, then also approval by Data Protection authority is necessary [62]
Context of legal framework and ethical codes of conduct: Act on informational self-determination and freedom of information [63] ; Codes of ethics of different Universities (psychology departments) [64]
Consent: Obligatory parental consent is required for children <16, if processing of personal data. Consent of children >16 is sufficient [63]
Role of children: Oral consent if under 14 and written consent over 14 [64][65]
Role of parents: Parental consent for children <16 Some codes of ethics in universities suggest parental consent up 18 [64], [65]
Ethical approval: Different practices according to University, usually all projects including children require ethical approval [64] [65] [66]
Context of legal framework and ethical codes of conduct: Data protection acts 1988 and 2003 [67] ; Ethical review and children’s research in Ireland, Office of the Minister for Children and youth affairs (2010) [68] ; Statutory instruments N 190, 878 and 374 [69]
Age: Data protection acts with no specific reference to children [67]
Consent: No standardised regulations
Role of children: The review requires further involvement of children. The current practice gives a more prominent role to parents than to children [68]
Role of parents: Practice seems to require parental consent for children up to 18. For adolescents the need for parental consent depends from each individual ethical committee
Ethical approval: Usually a Research Ethics Committee is formed for the specific project. There are many local or issue-specific Committees in different institutions and universities. No national coordination/overseeing
Context of legal framework and ethical codes of conduct: Civil Code (1942)[70], Personal data Act (2003)[71], different deontological codes published by the National Data Protection Authority [177] and by professional associations
Age: There are several codes of ethics of professional associations
Role of children: If child ability to understand the request, then also informed consent from child is necessary (Non-Obligatory) (ibidem)
Role of parents: Informed consent of parents. Non-obligatory (ibidem)
Schools: In addition to the info above, also informed consent of headperson or principal of school: Non-obligatory (ibidem)
Context of legal framework and ethical codes of conduct: Protection of the rights of the Child Law [72]; Personal Data protection law [73] ; Code of the Latvian sociological association [74] ; Institute of Sociological Research [75] ; Code of the Latvian sociological association [76]
Consent: If personal data processing, no specifics on children, general consent of data subject. The sociological association requires parental consent for children younger than 16. According to general practice, there is no need for parental consent [72] [73] [74]
Role of children: Informed consent of all research subjects, including of children below 16 years to the extent they are able to give it [74]
Role of parents: Parental consent required for children <16, unless 1) research imposes a minimum risk to the child, or 2) the informed consent of parents is not a reasonable requirement (e.g. abused children, use of drugs) Practice: some examples of research on sensitive issues (e.g. drugs) did not require parental consent [74] [75]
Schools: Practice - Consent by school director and children. In research with children of 7 years, also parental consent [75]
Institutions: Approval of authorities and children
Ethical approval: No approval, but possibility to complain about sociologist to the Sociological Association [74]
Other Sources: [77]
Context of legal framework and ethical codes of conduct: Law on the Legal protection of Personal Data [78] ; Civil Code [79]
Age: Civil Code- Children between 14 and 18 certain capacity to act Research with children between 16 and 18 usually does not need authorisation of parents [78] [79] [80]
Consent: Practice: Written consent for children <16 [80]
Role of children: Practice: Children consent >16 Opinion of the child must be taken into account [80] [81]
Role of parents: Written consent for children <16 In most cases of psychological research, active parental consent is acquired for all children [80]
Schools: Practice - Approval from school administration or head teachers. If research does not cover sensitive data (as above) parental consent is often not required for children >16
Institutions: Example of research on sexual abuse in residential institutions: informed consent of administration of residential institutions (i.e. legal guardians)[83] For matters related to research in juvenile detention/imprisonment institutions. Practice requires permission of administration and of the child. (Prison Department under the Ministry of Justice or imprisonment institutions directly) [84]
Other Sources: [82] [85]
Context of legal framework and Ethical codes of conduct: Civil Code [88] , NCDP (National Commission for Data Protection) [86], NCER (Comité National d’Ethique et de Recherche) [90]
Age: Informed consent by parents for <14 [86]
Consent: Non-obligatory Signed consent from parents is recommended as best practice. For all children <12, recommended <14 by parents and children
Role of children: for children between 12 and 14 consent of children plus parental consent is recommended. Non-obligatory
Role of parents: Informed consent for children <14. Non-obligatory, recommended
Schools: Information to be provided - objective, contribution, anonymity, free participation, questionnaire for parents, stamped envelope [87]
Ethical approval: Obligatory ethical approval of research by national body if personal data is used. No specific information on children and age groups. Guidelines highlight ethical issues particularly addressing children and informed consent [86] [89]
Other Sources: [91] [92]
Context of legal framework and ethical codes of conduct: Data Protection Act [93] ; Criminal Code; Civil Code [94]
Age: 18, where parents jointly represent their children [94]
Consent: Parent till up to the age of 12; >12 legal representative additionally consent by children should be considered. [95] When processing personal data the consent of the parents is required for children up to 18 years.
Schools: Ethical Approval is obligatory in schools. Written consent by parents, consult with Head of Schools, right to object any request. [97]
Institutions: Children under care - Ethical approval by children and young persons’ advisory board, then from child participating [98]
Ethical approval: Non-Obligatory - By UREC: 30 days By FSWS research office in case of research applications, Codes of Ethics of American Psycholgocial Association (APA), time frame can vary [95] [96]
Other Sources: [99] [100]
Context of legal framework and ethical codes of conduct: Protection of personal data act [101]; Code of conduct for research and statistics [102]
Age: Processing of personal data of children under 16 (if no “legitimate interest”) requires parental approval. Over 16 children themselves is enough [101]
Consent: Processing of personal data, only with unambiguous consent of the data subject unless research sponsor possess “legitimate interest”. There are several codes of conduct [101] [102]
Role of children: Consent of children over 12 in secondary school is sufficient Children between 12 and 16 should be included as much as possible [102] [103]
Role of parents: Parental consent for children between 12 and 16 Even if “legitimate interest”, parents need to give approval for children under 12 to take part in research
Schools: Consent of children over 12 in secondary school is sufficient. Unless a different agreement with school authorities
Institutions: As above, unless a different agreement with institution authorities
Ethical approval: Ethical committees can be formed in different institutions. Data Protection authority supervises compliance if use of personal data, must be notified, but only requires approval in certain exceptional cases [101]
Other Sources: [104]
Context of legal framework and ethical codes of conduct: See sources [106], [109], [110], [111]
Age: Informed consent by parents for <13 [106]
Consent: Non-obligatory No regulation on the need of written informed consent but written form is preferred
Role of children: for children >13 their approval is sufficient. Non-obligatory
Role of parents: Informed consent for children <13. Non-obligatory
Schools: Written permission form head teacher, parental consent is optional in such a protected environment (in practice parental consent is usually asked for children under 13) willingness of child to participate
Ethical approval: Approval by institutional ethical committees is necessary for funding and publishing [108]
Context of legal framework and ethical codes of conduct: Law of Data Protection [113]
Consent: Individual consent for sensitive data, no specific information about children. Research tools have to consider best interest of the child, ensure clarity and adequacy according to age of child, anonymity [113] [114]
Role of children: Voluntary participation (ibidem)
Role of parents: Parental consent in a written form for children up to 18 (ibidem)
Schools: Obligatory - In case of sensitive data (see below) parents’ permission beforehand Practice - Daphne project: school’s consent, parents’ written consent, students’ willingness [116] [117] Questionnaires need to be authorised [116]
Ethical approval: Obligatory formal declaration about research signed by study supervisor [118]
Other Sources: [119] [120]
Context of legal framework and ethical codes of conduct: Law No.272/2004 on the protection and promotion of the child [121]; Article 42 of the Civil Code [122]; Regulations for the operation of the Ethics Commission of the Institute of Philosophy and Psychology ”Constantin Rădulescu Motru” [123]
Age: Two categories of child: <14 lack of legal capacity Between 14 and 18 years old limited legal capacity [122]
Consent: Obligatory:Vary from an institution to another [123] [124] [125] [126]
Schools: Example of project conducted by the ”Francisc I. Rainer” Institute for Anthropology of the Romanian Academy - Prior to starting the research, the school, the parents and the children are informed about the purpose and the methods of the research and the manner in which the collected data will be used, as well as the responsibilities and the rights of participants in the research. The participants’ oral and written consent is secured, a partnership agreement is concluded with the institution where the study is carried out, and the (progress or final) results are communicated to those involved. In the course of sociological or educational research conducted in schools, depending on the research topic, the approval of the school Administration Board (Consiliul de Administrație) and of the parents must be sought so it is obligatory [124]
Institutions: Prior agreement of the local child protection services. Entrance in the institution can be done only with the express approval of the director of the public service dealing with child rights protection and accompanied by a representative of this public service, the signature of a declaration that all data and information obtained will be used without affecting the image or right to privacy of the child placed in foster care, and taking and using of images of the children in foster care or custody may only be done with the prior consent of the parent of the child [128]
Ethical approval: No framework code of ethics for research but many institutions adopted their own codes of ethics. Approval of the ethics committee must be sought [125]
Other Sources: [120] [127]
Context of legal framework and ethical codes of conduct: National Action Plan for Children 2009-2012; National Action Plan for Children 2013-2017 [129]
Ethical Code of Slovak Archive of Social Data; Civil Code; ESOMAR code of ethics [130]
Age: Children all up to the age of 18 [131]
Role of parents: Practice - Internal regulations of informed consent of parent [132]
Other Sources: [133] [134] [135] [136] [137]
Context of legal framework and ethical codes of conduct: Research and Development Act[138], Personal Data Protection Act[140], Patient Rights Act [141], Marriage and Family Relations Act [142], Code of Ethical Conduct and Expert Standards of Speech Therapists of Slovenia [143], Code of Professional Ethics of the Slovenian Sociological Association [144], ICC/ESOMAR International Code on Market and Social Research [146], National Medical Ethics Committee [139] , Helsinki Declaration, Oviedo Convention on Human Rights and Biomedicine and additional protocols, Slovene Code of Medical Deontology [150]
Age: < 15 Parental consent > 15 Child consent (See Sources [140],[141],[142],[143]
Consent: Obligatory. Maybe be written, oral or in some other appropriate manner [141]
Role of children: < 15: no legal capacity, if not otherwise stipulated by the law. >15: partial legal capacity [140],[141],[142],[143]
Role of parents: <15: parental consent is mandatory >15: parents approval may be necessary in the specific cases depending of the nature of research and its impact on children [140],[143]
Schools: Personal data of pupils may be disseminated for the purpose of scientific research work and the preparation of statistical analyses in such a manner that the pupils concerned cannot be identified [151], [152],[153]
Ethical approval: The national medical ethics committee decides on the research proposals in the field of biomedicine as well as the research initiatives including people with mental health issues [139]
Other Sources: [145] [147] [148] [149] [154] [155] [156]
Context of legal framework and ethical codes of conduct: Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal [157] ; Code of psychologist [158] ; Law 41/2002, Royal decree 223/2004, Law 14/2007 [159]
Consent: No regulations, only Codes of ethics of different professional organisations and international codes such as ESOMAR, ISA.
Role of children: No clarity, following international codes. Code of psychologist says parents need to be informed [158]
Role of parents: Practice - Parents not required consent in 2000 research from the Ombudsperson. Age groups covered were 12 to 16 years
Ethical approval: Universities can have their own ethical committees. Network of committees under: http://www.ub.edu/rceue/ (however it relates mostly to medical experiments and research with animals) [160]
Context of legal framework and Eehical codes of conduct: Act concerning the Ethical Review of Research involving humans [161] ; Swedish Government, The Swedish Medical Products Agency; The Data Inspection Board
Age: Children between 15-18 years are in need of extensive protection, beyond making sure that they undertake activities freely and with awareness of possible adverse consequences [161]
Consent: Obligatory parental consent for children <15
Role of children: Children consent from 15 to 18. Assessment of the level of maturity and capacity for insight is needed [161] [163]
Role of parents: For children below 15: Parents must be informed and give consent For children between 15 and 18: Child can consent but it depends on the level of maturity of the child. If the researcher’s assessment is that the minor is not mature enough and does not realise what the research entails and therefore cannot agree, the researcher must turn to the parents or guardians to ask for consent [161]
Ethical approval: six regional ethics review boards (REPNs) that review research projects. Ethics review board should review a research project if any of the following conditions exist: The project entails physical encroachment on the research subject It will be conducted using a method aiming to affect the research subject physically or psychologically; It carries an obvious risk of physical or psychological harm to the research subject It entails studies on biological material that can be traced to specific individuals. [161]
Other Sources: [162]
Context of legal framework and ethical codes of conduct: Ethical guidelines published by the Medical Research Council (MRC) [164] , Framework for Research Ethics (FRE) published by the Economic and Social Research Council (ESRC) [170] ; Market Resarch Society (MRS) [171] ; United Kingdom (1969) Family Law Reform Act 1969, s 8(1) [166] ; United Kingdom (1991) Age of Legal Capacity (Scotland) Act 1991, s 1 (1) and s 2 (4) [168] ; United Kingdom (1995) Children (Scotland) Act 1995, s 6(1). [169]
Age: Child <18 (General legal principles)
Consent: <16 Parental consent >16 "Gillick competent" children. Informed children consent. [166]
Role of children: Child’s ability to give consent to medical treatment will depend on whether or not the child has achieved “sufficient understanding and intelligence to enable him or her to fully understand what is proposed". The emphasis placed on obtaining the informed consent of children wherever possible and, where not possible, at least securing their 'assent' to participation [164] [166]
Role of parents: see above
Schools: Good practice to seek additional consent from the child’s parents [171]
Ethical approval: Researchers working with children are registered with the Independent Safeguarding Authority (ISA) and must have a clear Criminal Records Bureau (CRB). Research needs to be subject to appropriate ethics review, approval and monitoring. Approval by ethics committees necessary, e.g. via University ethics committees [170] [171]
Other Sources: [165] [167] [172] [173] [174] [175] [176]