Alcances y límites de la intervención de los progenitores frente a los derechos sexuales y reproductivos de los adolescentes. Análisis del caso 0775-11-.JP

Abstract

This research analyzes the constitutional conflict arising from a public policy on sexual and reproductive health implemented by the Ecuadorian Ministry of Public Health, which was challenged by parents and led to Constitutional Court Judgment No. 003-18-P.JO-CC (2011). The case raises a tension between parental authority, State intervention, and the progressive autonomy of adolescents in the exercise of their sexual and reproductive rights. The study applies a jurisprudential analysis methodology, using a descriptive and analytical approach. It examines the Court’s reasoning through the review of constitutional and legal norms, international human rights instruments, doctrinal sources, and relevant jurisprudence. Documentary analysis of academic literature, legal texts, and institutional reports was also employed to contextualize the decision. The findings show that the Constitutional Court established an important precedent by affirming that parental authority is not absolute and may yield to State intervention when such intervention is necessary to protect the fundamental rights of adolescents. The Court grounded its decision on the principles of the best interests of the child and progressive autonomy, emphasizing that adolescents are rights holders capable of making informed decisions regarding their sexual and reproductive health. Consequently, the judgment reinforces the notion of shared responsibility between the family, society, and the State in ensuring comprehensive protection and promoting the dignity, autonomy, and integral development of adolescents.