Consentimiento Informado Autónomo de Transfusiones de Sangre en Adolescentes: Un Análisis Ético-Jurídico en el Contexto de la Objeción Religiosa en Procedimientos Clínicos Esenciales

Abstract

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.