Limits to parental freedom of worship versus the progressive autonomy of girls and adolescents in decisions about critical medical treatments in Ecuador

Abstract

This study examines the legal tension between parents’ freedom of religion and adolescents’ right to health when medical treatment is refused on religious grounds, considering the scope of parental authority in relation to the principle of evolving autonomy. Its main objective was to analyze the legal limits of religious freedom and parental authority in relation to adolescents’ right to health and decision-making capacity in healthcare settings. To this end, a predominantly qualitative methodology with an analytical and critical approach was employed, based on a normative, doctrinal, and comparative legal analysis of Colombia, Spain, Argentina, and the United States. The study concludes that parental authority does not constitute absolute power, but rather a function of protection, guidance, and care subject to the best interests of the child. Accordingly, when an adolescent demonstrates sufficient maturity and understanding of the diagnosis, proposed treatment, and associated risks, their informed wishes must be afforded enhanced legal weight. State intervention is not automatically justified by disagreements arising from religious beliefs; rather, it is warranted when a serious or imminent risk to the adolescent’s life, health, or integrity has been established. Such intervention must be exceptional, necessary, proportionate, duly reasoned, and respectful of the adolescent’s rights