Alcance del consentimiento informado del adolescente en casos de emergencia médica.

Abstract

The rights of children and adolescents constitute one of the legal areas that has undergone significant evolution in recent years. Concepts that used to be vague and diffuse, such as the best interests of the child, are currently being reinforced. Nevertheless, certain issues still arise when balancing these rights against others, with the minor being the primary affected party. The present academic article delves into the scope of informed consent for adolescents in the event of their involvement in a medical emergency, analyzing the conflict and balancing of their rights against parental rights. In this regard, the first chapter addresses historical and crucial thematic notions, including historical backgrounds of children's and adolescents' rights, the best interests of the child, which is established as a guiding principle aiming to always ensure the child's well-being, the limits of parental legal representation, the legal capacity of adolescents, and the extent of adolescent consent and opinion. On the other hand, the second chapter dissects the identified issues in cases of medical emergencies and how this jeopardizes the best interests of the adolescent, putting their right to health and life at risk. Finally, recommendations and conclusions are presented in order to serve as proposals to safeguard, above all, the well-being of the adolescent.