Derecho-Tesis de Pregrado

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La Desnaturalización de las Garantías Jurisdiccionales como evidencia de Desviación de poder Judicial
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-04) Sanmartin Illescas, Kevin Guido; Torres Rodas, Marlon Tiberio
In this academic paper, a current topic of profound significance in our country will be analyzed, which affects the Judicial Function, but above all, those who act thru Constitutional Jurisdictional Guaranties. This problem is the abuse of power, that is, the act of defrauding the purposes for which these guaranties were designed, which is to protect constitutional rights; but this objective has been distorted and used to pursue personal ends or to benefit third parties. In this offense, there is an appearance of compliance with the law, but the true purpose that the judge materializes is different from that intended by the legislator. In the cases selected for analysis, it is noted that the Constitutional Court condemns this practice and, even tho it does not classify it as an abuse of power, it nullifies the distorted rulings and orders the disciplinary processing of the judges and, sometimes, their criminal investigation, highlighting that this immoral practice is contrary to the principles that underpin the professional and judicial exercise of the law.
LA TIPIFICACIÓN DE LOS DELITOS SEXUALES: VIOLACIÓN Y EL ERROR DE PROHIBICIÓN EN LAS COMUNIDADES SHUAR DE LA AMAZONÍA ECUATORIANA
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Sanchez Torres, Anabella Carolina; Villavicencio Cordero, Wilson Oswaldo
The crime of rape constitutes one of the most serious criminal offenses established in the Comprehensive Organic Criminal Code, as it directly violates sexual integrity, human dignity, and individual self-determination—legal interests that are protected under both the Constitution of the Republic of Ecuador and international human rights instruments. However, within contexts of legal pluralism and the constitutional recognition of indigenous jurisdiction, legal tensions may arise when the invocation of the prohibition error is raised as a ground for excluding criminal culpability. This research, developed from a qualitative and dogmatic-legal approach, analyzes the limits that the constitutional order and Ecuadorian criminal law impose on the invocation of the prohibition error in the crime of rape, based on a systematic examination of the Constitution of the Republic of Ecuador, the Comprehensive Organic Criminal Code—with particular emphasis on Article 35.1—and the relevant jurisprudence of the Constitutional Court of Ecuador. The study examines the legal structure of the crime of rape and the normative configuration of the prohibition error as an element of the dogmatic category of culpability, in relation to the constitutional guarantee-based model, the recognition of legal pluralism and indigenous jurisdiction, and the limits derived from the protection of fundamental rights, particularly in matters of sexual crimes. Finally, the research focuses on a specific analysis of indigenous jurisdiction, proposing legal criteria to address the invocation of the prohibition error in cases of rape, aimed at harmonizing respect for cultural diversity with the State’s obligation to guarantee effective, non-discriminatory, and constitutionally adequate protection of fundamental rights.
Protección del vínculo materno-filial de hijos e hijas de mujeres privadas de libertad: Análisis Normativo y Propuestas para Ecuador
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-07) Quizhpi Astudillo, Paula Antonella; Núñez Ávila, María Dolores
This research analyzes the legal protection of the mother-child bond for children of incarcerated women in Ecuador, with the Best Interests of the Child as the transversal principle. The study highlights the tension between the State's punitive power and the infants' right to comprehensive development, questioning the suitability of current Social Rehabilitation Centers, which due to deficiencies in infrastructure, health, and nutrition, violate the fundamental rights of children living with their mothers. Through a comparative analysis with international standards, such as the Bangkok Rules and the Convention on the Rights of the Child, legal gaps leading to the unnecessary institutionalization of minors are identified. In response, the work substantiates a proposal for legal and penitentiary management reform that prioritizes alternative non-custodial measures for caregiver mothers and establishes foster care (acogimiento familiar) as the preferred legal and technical mechanism to guarantee family unity and prevent the irreparable harm of forced separation.
El Hábeas Corpus correctivo como mecanismo de protección de los derechos de las personas de grupos de atención prioritaria: alcances y desafíos en su aplicación
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Gutiérrez Torres, Nicole Valentina; Idrovo Torres, Diego Francisco
The research addressed the problem of the gap between the jurisprudential development of corrective habeas corpus in Ecuador and its practical application. The effectiveness of this guarantee was analyzed to protect the rights to health, integrity and life of people deprived of liberty who belong to priority care groups, therefore, they are in a condition of double vulnerability, evidencing serious deficiencies such as the non-application of precedents, procedural delay and the distortion of the guarantee. The general objective was to evaluate the way in which the corrective habeas corpus guaranteed the protection of the rights of people with disabilities deprived of liberty in Ecuador. The research was developed under a qualitative approach, with a descriptive and analytical design, through the study of the regulatory framework, relevant constitutional jurisprudence and the analysis of habeas corpus sentences in the Cuenca canton, between January 2024 and June 2025. The results showed a scarce and unequal application of the mandatory constitutional precedents, as well as repeated delays in the processing of the guarantee, thus affecting legal certainty and effective judicial protection. It was concluded that, despite the jurisprudential advances, the corrective habeas corpus faces serious challenges for its full effectiveness, being necessary reforms aimed at the strict application of constitutional precedents.
La legalidad de la fuerza estatal frente al conflicto armado interno: Tensiones entre el Derecho Penal Ecuatoriano y el Derecho Internacional Humanitario ante el crimen organizado
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-07) Farfán Quintuña, Paulette Doménica; Monsalve Tamariz, Diego Andrés
The phenomenon of organized crime in Ecuador and its connection with the declaration of an internal armed conflict is examined, taking into account the tension between Ecuadorian Criminal Law and International Humanitarian Law. The analysis begins with the recognition of new criminal dynamics, such as the fragmentation of criminal organizations, territorial control, influence over the penitentiary system, the recruitment of adolescents and the absence of comprehensive public policies, all of which have generated new forms of violence that surpass the scope of ordinary criminal responses. In this context, the central objective is to determine the extent to which the application of exceptional measures can be harmonized with the model of a constitutional State founded on rights and justice, without infringing fundamental rights or normalizing militarization processes that undermine due process and the full effectiveness of human rights. Consequently, this research was conducted under a juridical-dogmatic approach, oriented toward the analysis of the Ecuadorian legal system and the instruments of International Humanitarian Law. The methodological design was non-experimental, qualitative and descriptive-analytical in nature.
La Procedencia de la Acción de Protección frente a los Procesos de Destitución de las Autoridades de la Asamblea Nacional con base en la Sentencia No. 3664-22-JP/24
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Ortiz Urgiles, Emily Daniela; Mora Bernal, Adriana Elizabeth
The study of 3664-22-JP/24 sentence has allowed the resolution of the controversy generated by the jurisprudential precedent established by the Constitutional Court of Ecuador which determined that a protective action is not appropriate in a qualification of a complaint for breach of duties, and it begins the process of removal of authorities from the National Assembly. This problem has allowed to make a study of the jurisprudential precedent, the impact on the protective action filed and finally determine its admissibility. Furthermore,in the sentence there was a concurrent vote that also has allowed to establish a different perspective regarding the decision of the Constitutional Court of Ecuador.
Efectividad de las medidas de protección enero a junio 2024 de la Junta Cantonal de Protección de Derecho II de Cuenca de acuerdo con la Ley Orgánica del Adulto Mayor
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Villa Arpi, Cristopher Marcelo; Cárdenas Yánez, Nancy Susana
This research analyzes the effectiveness of the protection measures issued by the Cantonal Board for the Protection of Rights II (JCPD II) of the city of Cuenca in favor of older adults, during the period from January to June 2024. The study arises from the need to verify whether these measures effectively contribute to the protection and restitution of the rights of this priority attention group. The research was conducted under a qualitative approach and corresponds to a descriptive–analytical level. The juridical–normative method was applied to analyze the national and international legal framework; the socio-legal method was used to relate legal norms to the social reality of older adults; and the analytical method was employed to examine the institutional performance of the Cantonal Board for the Protection of Rights. The techniques used included documentary review of legal regulations and institutional records, a semi-structured interview conducted with an authority of the Cantonal Board for the Protection of Rights II of Cuenca, and the application of a survey to the general public, in order to identify the level of knowledge regarding the rights of older adults. The results show that, although the JCPD II of Cuenca issues protection measures for older adults in a timely manner, limitations persist in case follow-up, inter-institutional coordination, and the level of public awareness, making it necessary to strengthen these aspects in order to guarantee comprehensive and effective protection.
Identidad de género y autonomía progresiva en niños, niñas y adolescentes: Análisis constitucional y tensiones socio-jurídicas a partir del Caso Amada
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-07) Medina Criollo, Luis Alberto; Espinoza Guzmán, Doris Priscila
This research examined the issue of l egal uncertainty and the systematic violation of the right to the free development of personality for children and adolescents in Ecuador. Based on the analysis of the Amada Case (No. 1313-19-JP), it was identified that the regulatory vacuum in the Organic Law on Identity Management And Civil Data has led t o institutional violence, revictimization, and the exclusion of diverse childhood from the national registry system under adultocentric prejudices. The general objective was to establish a normative scenario for the administrative recognition of gender identity in minors, based on the principles of progressive autonomy and non-pathologization. A qualitative methodology with a descriptive-analytical design was used, supported by case studies, jurisprudential analysis, and a comparative law analysis that integrated the legislations of Colombia, Brazil, Argentina, Chile, Spain and Norway. The results demonstrated that administrative and non-pathologizing models more effectively guarantee human dignity and the best interests of the child compared to mandatory judicialization. It was concluded that Ecuador requires a transition t oward a gradual system based on age ranges that eliminates clinical requirements and transfers conflict resolution to technical administrative bodies, avoiding judicial delays that hinder the effective enjoyment of fundamental rights.
Violaciones a los derechos humanos de los trabajadores y responsabilidad empresarial en materia de derechos humanos, año 2008-2019: Análisis de la sentencia 1072-21-JP/24 Hacienda Furukawa
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Orellana Molina, Emily Yamileth; González Calle, Fernando Teodoro
The present study aims to analyze the violations of workers’ human rights in the Furukawa C.A. case, which occurred during the period 2008–2019, within the framework of Judgment No. 1072-21-JP/24 issued by the Constitutional Court of Ecuador. The analysis is based on a legal-analytical case study, addressing the relationship between the degree of corporate responsibility in the field of human rights and the State’s due diligence in response to business practices that generated conditions of labor precariousness. The findings reveal the existence of multiple violations of fundamental rights, insufficient domestic regulation, and the importance of comprehensive reparation as a mechanism for control and protection. Finally, the study highlights the need to strengthen a binding regulatory framework to prevent future human rights violations within the Ecuadorian business sector.
Consecuencias jurídicas frente a la falta de temporalidad de las medidas de seguridad aplicadas a personas inimputables por trastornos mentales en Ecuador
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Hwang Cárdenas, Jee Hae Sophie; Piedra Jaramillo, Santiago Patricio
This research paper analyzes the legal nature and material execution of security measures imposed on unimputable individuals within the Ecuadorian penal system. Through the case study of Process No. 13113-2016-00010, known as "Hijo del Sol" (Son of the Sun), it examines the critical tension between the therapeutic purpose of such measures and their practical application, which often results in indefinite deprivation of liberty. The investigation identifies a severe normative antinomy between the guarantee-based mandate of the 2008 Constitution and the omission of temporal limits in the Comprehensive Organic Penal Code (COIP). The findings demonstrate that the lack of periodic judicial review and the absence of a maximum duration term violate the principles of proportionality, legal certainty, and human dignity, transforming psychiatric treatment into a mechanism of neutralization and perpetual confinement. Finally, the study concludes on the imperative need for legislative reform and the application of international human rights standards to ensure effective judicial protection for this priority attention group.
Factores políticos y jurídicos contemplados en la legislación nacional ecuatoriana que aportan en el crecimiento urbano: análisis comparativo entre Cuenca y Macas
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Barba Montenegro, Santiago Josué; Sánchez Urgiles, Washington Andrés
This research addressed the marked disparity in urban development between the cities of Cuenca and Macas. Despite being governed by the same national legal framework, it was observed that Cuenca maintains consolidated planning and order, while Macas faces disorderly growth and low density. This problem revealed a dichotomy in which regulations can function as a strategic management tool or simply as a bureaucratic requirement, depending on local institutional capacity. In order to comparatively analyze management models and propose legal reforms and policy solutions for the canton of Morona, a general objective of contrasting study was proposed. The methodology was based on a qualitative approach with a non-experimental design. Analytical-synthetic and comparative methods were applied, executing an exhaustive documentary review of the planning instruments (PDOT, PUGS) and the historical background of both cities. It was found that Macas suffers from institutional weakness due to a lack of technical and financial solvency, in contrast to the institutional dynamics of Cuenca, rooted in the autonomy of its public companies. The research offers concrete proposals, such as the creation of associations and business management models, which help small municipalities move from mere legal compliance to operationally and financially sustainable urban planning.
Divorcio Incausado en su relación con la autonomía de la voluntad: propuesta de incorporación en el ordenamiento jurídico ecuatoriano desde una perspectiva comparada
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Vélez Andrade, Juan Daniel; Valverde Orellana, Pablo Fernando
This thesis examines the legal feasibility of introducing no‐fault divorce into Ecuadorian law, grounded in party autonomy and bounded by family public policy. It traces the historical evolution of marriage as a social institution and as a continuing civil contract; systematizes the current framework and compares regional transitions in Mexico, Argentina and Colombia that shift focus from fault to arranging consequences. It proposes an amendment to Civil Code art. 110 admitting unilateral declaration of will with a regulatory proposal for effects, preserving registration and material legality review without probing intimate reasons. The reform coexists with existing paths, lowers emotional/procedural costs, and aligns marriage with consensual unions already dissolvable without cause. No‐fault divorce strengthens public policy in the central part, in the form, registry and third‐party protection, while aligning individual freedom with effective rights protection.
Aplicación del primer pilar del principio internacional de la responsabilidad de proteger en contextos de violencia estructural en el Ecuador, crisis carcelaria 2021-2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-03-26) Granada Avecillas, Emily Doménica; Monsalve Tamariz, Diego Andrés
This study analyzes the Responsibility to Protect (R2P), focusing on its first pillar of prevention, in the context of Ecuador’s prison crisis during the 2021–2024 period. It argues that contemporary sovereignty has evolved into a functional responsibility, whereby a state’s legitimacy depends on its capacity to protect the population from atrocity crimes. However, Ecuador experienced an institutional collapse manifested in Structural Prison Violence (SPV), driven by systemic omissions, corruption, and the loss of sovereign control in the face of criminal groups. Through the proposed Maastricht–Mandela standard, the research assesses the State’s failure to comply with its obligations to respect, protect, and ensure the rights of persons held under its exclusive custody. The study concludes that the systemic nature, severity, and foreseeability of the massacres place the State in a manifest breach of its duty of responsible sovereignty, approaching the threshold of crimes against humanity.
Sindicatos de bloqueo: alcance y operatividad en las sociedades anónimas en Ecuador
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Coronel González, Isabel Cristina; Piedra Andrade, Juan Cristóbal
This research analyzes lock-up agreements as a mechanism for shareholder organization and a strategic tool of corporate governance in Ecuadorian joint-stock companies, based on the study of the legal nature of this corporate form, the regime governing shares transferability, contractual freedom, and the autonomy of will, as well as the doctrinal foundations of shareholders’ agreements. On this basis, the study examines the current legal framework in Ecuador and develops a comparative law analysis with Spain and Colombia through a contextual comparative model, aiming to identify the economic purpose of these institutions, their conditions of effectiveness, and the possibility of normative transplants compatible with the national reality. In addition, a comprehensive classification of lock-up agreements is proposed, while their effectiveness within the Ecuadorian legal system is assessed considering publicity requirements, enforceability against the company and third parties, their binding nature, and available protection mechanisms. The research also examines the limits arising from the intrinsic nature of lock-up agreements and their application in public and private joint-stock companies, evaluating the advisability of establishing a differentiated regulatory treatment in Ecuador. Ultimately, this study identifies the structural elements necessary for their proper drafting in corporate practice. It concludes that lock-up agreements do not directly restrict shares but rather impose obligations on shareholders to prevent conflicts, preserve capital stability, ensure corporate control, and promote the continuity of the business project, thereby constituting a key instrument in contemporary Corporate Law.
El fortalecimiento de la transparencia y el control financiero en los clubes de fútbol profesionales del país a través de las sociedades anónimas deportivas
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Álvarez Cordero, Santiago Nicolás; Piedra Andrade, Juan Cristóbal
The investigation examined the structural problems of professional soccer clubs in Ecuador in terms of transparency and financial control, originating in their organization as non-profit associations. This legal form has limited the enforceability of financial responsibilities and the application of internal control mechanisms, which has favored practices of mismanagement and institutional fragility, despite the existence of general accountability standards. The overall objective was to evaluate how the model of Sociedades Anónimas Deportivas (SAD) contributed to strengthening transparency and financial control in the country's professional clubs. A qualitative methodology with a theoretical-legal approach was used, based on doctrinal, regulatory, and comparative analysis. The design included the comparative law method, through the study of the experiences of Spain, Chile, and Peru, and the historical- evolutionary method to contextualize the regulatory evolution of professional sports in Ecuador. The results showed that the adoption of the SAD incorporates tools from corporate law that strengthen accountability, financial traceability, and administrative responsibility. It was concluded that legal transformation alone does not guarantee automatic improvements without a clear regulatory framework and effective supervision
La expulsión colectiva de migrantes venezolanos en Ecuador en el año 2019. Un análisis de la sentencia No 639-19-JP/2 sobre la vulneración al principio de no devolución y el derecho al debido proceso
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-05) Espinosa Proaño, Francisco Javier; Monsalve Tamariz, Diego Andrés
Currently, Ecuador has become one of the Latin American countries that has received the most Venezuelan migrants due to its geographical proximity, which creates a need to protect the rights and guarantees established in the Constitution and international treaties. This research analyzes how the actions of the Ecuadorian National Police in 2019 violated the principle of non-refoulement, due process, and the prohibition of collective expulsion, based on Judgment No. 639-19-JP/20. The general objective was to analyze how the National Police violated these rights by forcing the return of Venezuelan migrants, including children and adolescents (NNA), at the northern border in 2019, under the regulations for the protection of NNA and the jurisprudence of the Constitutional Court. To this end, a qualitative approach with an analytical method was used to interpret whether there was a violation of the guarantees within due process. The results found that there was a violation of the principle of non-refoulement and due process due to threats by migration authorities, which resulted in a collective expulsion as an effective and individualized procedure was not followed for each specific case, affecting children and adolescents as subjects of special protection. In conclusion, it is essential to apply Ecuadorian regulations and international law to avoid the violation of fundamental guarantees. This thesis contributes to highlighting the need for public policies with an emphasis on migratory issues so that the State acts appropriately and effectively regarding subjects of protection.
La eficacia jurídica de la citación judicial por prensa escrita y radio en el Ecuador frente al derecho de defensa en la era digital
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-05) Cantos Guillén, Katherine Nicole; Cabrera Prado, Juan Carlos
This research addressed the problem of the legal effectiveness of court summonses served via print and radio in Ecuador, analyzing their compatibility with the right to a defense and due process in the digital age. It identified that, in a constitutional state governed by the rule of law and justice, court notification is a substantial formality that activates the procedural relationship between the parties, and its improper application generates situations of material defenselessness that violate fundamental constitutional guarantees. A qualitative research design with a descriptive and analytical scope was employed. The methodology was based on documentary and legal review, comparative law analysis, case studies, and jurisprudence issued by the Constitutional Court of Ecuador. The results showed that notification via print media has lost its effectiveness in ensuring effective awareness of judicial proceedings due to the shift in information consumption habits toward digital platforms and the progressive disuse of traditional print media. It was concluded that regulatory reform and the adoption of specific protocols are necessary to harmonize procedural formalities with current technological reality and strengthen effective judicial protection.
Desafíos en el tratamiento de datos biométricos en las relaciones laborales en el Ecuador bajo la Ley Orgánica de Protección de Datos Personales
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Zuña Coraisaca, Pedro David; Bueno Quizhpi, Luis Daniel
The accelerated implementation of biometric systems in work environments in Ecuador has generated a profound clash between the employer's power of control and the fundamental right to the protection of personal data. This study evaluates the legality of the use of biometrics for attendance control under the framework of the Constitution of the Republic of Ecuador and the Organic Law on the Protection of Personal Data, through a qualitative and analytical approach, examining recent criteria by the Superintendency of Protection of Personal Data, contrasting the principle of proportionality with the asymmetry of power typical of the dependency relationship. The results show that the worker's consent is usually tainted by the structural pressure of the employment relationship, forcing the validity of the treatment to be shifted towards compliance with technical and organizational mandates. Furthermore, it is determined that the legitimacy of these systems is conditional on passing a rigorous proportionality test, the execution of an Impact Measures Assessment, and the adoption of high-level security. It concludes with the proposal of a “Harmonization Model” that integrates legal mechanisms and technical standards of information security. Finally, the need for specialized advice for risk management is raised and small and medium-sized companies are recommended to evaluate the viability of these systems, prioritizing less invasive methods with a guarantee of a real balance between operational efficiency and worker dignity.
Efectividad de la aplicación del Art. 137 del Código Orgánico General de Procesos frente a la mora en el pago de pensiones alimenticias durante el año 2024 en la ciudad de Cuenca
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-06) Barros León, Nicole Antonella; Cárdenas Yánez, Nancy Susana
This paper examined the effectiveness of the application of Article 137 of the General Organic Code of Processes (COGEP), a regulation aimed at guaranteeing the payment of alimony in Ecuador. This provision establishes personal coercion in the event of non-compliance with two or more pensions, allowing the debtor to be deprived of liberty for up to one hundred and eighty days. Although the right to alimony is considered a privileged obligation constitutionally protected, its fulfillment faces serious shortcomings in judicial practice. The study began with the historical development of the right to alimony and continues by analyzing Judgment No. 012-17-SIN-CC, which reformed the coercion procedure. Statistical data from the Cuenca canton demonstrated the persistence of a large number of delinquent debtors in 2024, demonstrating that deprivation of liberty as a measure against non-compliance does not fulfill its purpose, which is to guarantee effective payment. Through comparative law, the Chilean debtor registry system was studied, the effectiveness of which is completely different from Ecuadorian delinquency. A reform was proposed that establishes a Single System of Alimony Debtors (SUDA) interconnected with public and private institutions, as a more effective alternative than personal coercion.
Consentimiento Informado Autónomo de Transfusiones de Sangre en Adolescentes: Un Análisis Ético-Jurídico en el Contexto de la Objeción Religiosa en Procedimientos Clínicos Esenciales
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-01) Altamirano Parra, Kerly Salomé; Cárdenas Yánez, Nancy Susana
Informed consent is a fundamental expression of personal autonomy in healthcare and an indispensable requirement for the legitimacy of any medical intervention. However, its application becomes particularly complex when decision-making involves adolescents, especially in high-impact clinical scenarios such as the refusal of blood transfusions on religious grounds. In such cases, fundamental rights including freedom of conscience and religion, personal integrity, and the rights to health and life come into tension with the principle of the best interests of the child and the State’s heightened duty of protection. Accordingly, this study focuses on an ethical and legal analysis of informed consent involving adolescents in Ecuador, particularly in situations where religious beliefs lead to the refusal of blood transfusions in essential clinical procedures. Through a doctrinal and jurisprudential review of informed consent, its conceptual development, and its normative recognition, the research examines the main conflicts that arise in cases of medical urgency or life-threatening risk. In addition, the study identifies the key difficulties in assessing adolescent maturity and the adequacy of the information provided. Finally, it proposes interpretative guidelines aimed at supporting proportional and well-reasoned decisions grounded in the best interests and overall well-being of the child.

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