The general purpose of this thesis is to critically analyse the approaches to assessing the capacity to consent to or refuse medical procedures adopted by England, Russia, and Sweden. I question when assessments of capacity to refuse or consent to treatment is required, and how and who should assess it within these jurisdictions. This research explores the solutions and problems of choosing specific approaches to assessment of capacity to decide in healthcare with respect to these questions. By critical analysis I mean that the research analyses whether the existing laws of England, Russia and Sweden correspond to the international human rights law requirements (the Council of Europe and the United Nations systems) and the existing scientific knowledge on decision-making.
In the project "Decision-making Capacity in Healthcare: Legal Theories and Comparative Law" I am investigating the modern understanding of capacity to refuse or consent medical procedures in three jurisdictions: Sweden, England, and Russia. My focus in the research is on adults, who receive medical treatment outside of mental health institutions.