Adolescent decision-making capacity for research consent: insights from law, ethics, and developmental science
Law and Democracy Insight

Law and Democracy Insight

Law and Democracy Insight is a peer-reviewed academic journal dedicated to advancing scholarly discourse on the...

Publishing Model

Open Access
This journal published by Integra Academic Press

Abstract

This study examines the ability of adolescents to independently consent to participation in social science, humanities, and health-related research, drawing on insights from developmental science, law, human rights, and bioethics. Modern adolescents face complex challenges, including those posed by technology, violence, and climate change, necessitating their involvement in research to address individual and societal issues and advance Sustainable Development Goals. Such research is critical for understanding their experiences, identifying needs, and developing evidence-based solutions to pressing social problems. International and national research ethics guidelines emphasize the importance of balancing societal benefits with principles of autonomy, justice, and participant welfare, while minimizing harm. Additionally, global human rights frameworks, such as the United Nations Convention on the Rights of the Child, affirm adolescents’ rights to express their views and participate in matters affecting them. Despite this, a common assumption persists that adolescents lack the capacity to provide their own consent, often requiring parental permission, which can hinder research progress, reduce participation rates, and compromise scientific outcomes. This article synthesizes multidisciplinary evidence to challenge these assumptions, demonstrating that adolescents, particularly those aged 16, possess the cognitive and developmental capacity to make informed decisions about research participation. Legal principles, including those recognizing adolescent competence, support their right to consent independently, with no universal requirement for parental involvement. Ethically, respecting adolescent autonomy aligns with principles of justice and non-maleficence, especially as research participation poses minimal risk of harm. While practical considerations may encourage parental engagement in discussions, and trauma-informed approaches are essential for sensitive topics, the evidence strongly supports adolescents’ entitlement to make their own participation decisions. By clarifying these issues, the study aims to resolve ongoing confusion, enhance adolescent participation in research, and inform reforms to ethics guidelines and legal frameworks to better align with adolescents’ capacities and rights.

Keywords: Adolescents; Children; Capacity; Consent; Research Participation; Developmental Science; Law; Human Rights; Freedom Of Expression; Research Ethics Guidelines; Bioethics