Consentimiento informado en investigación con niños: entrecruzamientos entre autonomía progresiva y derechos civiles en la nueva legislación de la Nación Argentina

Based on the new civil and commercial legislation of the Argentine Nation, which has been in force since 2014, it is necessary to review some concepts and investigate, within the scope of Law, what its repercussions and scope are, especially as regards the possibilities of Provide Informed Consent to be a participant in research. For this reason, the present work carried out in the framework of a CIN-UNLP scholarship and with this purpose, aims to analyze the possibilities of exercising rights and autonomy to make decisions, taking as reference the new system of "progressive capabilities" through which they are acquired gradually. To achieve the purposes and objectives of the investigation, an analysis was made of the new Civil and Commercial Code of the Nation (Law 26.994 HCNA, 2014), more precisely in Articles 22 to 50 that express and specify in which cases children can perform the act of consent or assent for themselves, as cases in which they must be accompanied by the consent or assent of one of the parents and/or both. A theoretical study of bibliographic revision and updating is proposed through the methodology of qualitative content analysis (construction and testing of categories for the analysis and comparison of documents). Based on the sources analyzed, the results and conclusions established so far are presented.