confidentiality
Confidentiality is one of the most important areas of rights that young people usually want to check out when they are speaking to a professional person about sexual health. Usually, whatever age the young person is, they have the right to confidentiality, unless someone is harming them or they are in danger. This means that young people aged 13-16 can legally access confidential sexual health services even though it is illegal to have sex under the age of 16.
The law in Scotland says that a young person can use a health service or get medical treatment at any age without their parent's permission as long as the young person understands what it is they are doing. This includes going to a sexual health clinic or asking for and getting contraception.
Sometimes 13, 14 and 15 year olds do not want to involve their parents in their sexual health matters. This means that the professional person is in a difficult position and understands that parents/carers can be unhappy with this situation. They can encourage and help 13, 14 or 15 year olds to speak to their parents/carers about these things. However, a professional person cannot make them do this, and must not pass on information about the young person to a parent/carer without permission. Professional people involved with young people about sexual health issues also want to reassure parents/carers that by coming to an agency for information, help or advice the young person is doing a responsible thing.
Young People's Rights
- To be healthy and safe
- To be treated with respect
- To ask for what they want in a relationship
- To say no to sexual activity until they feel ready
- To be able to get good quality information about sexual health and relationships
- To use sexual health services (like their doctor, a sexual health clinic or drop-in)
- To get medical treatment (for example, contraception)
- To have their say when a professional person’s decision affects them.
There are laws for some people with profound disabilities who may not be able to consent to sex and if someone forces or coerces another person to have sex this is against the Law.
Risk assessment for 13, 14 or 15 years olds involved in sexual activity
Professionals have clear guidance where young people under 16 are involved in sexual activity and must consider the following and make a risk assessment.
Their partner is:
- buying gifts/money/for sex
- much older than them
- asking the young person to keep the relationship secret
- giving the young person alcohol/drugs to have sex
- hurting the young person
- making the young person to do something sexual that they did not want
- making the young person feel scarred/uncomfortable by having sexual contact with them
Other points for consideration:
- Any imbalance of power
- The young person's own behavior because of alcohol/drugs misuse
- The young person has the capacity to give consent to any activity
- There signs of grooming
Further Information about Confidentiality
» scot.nhs.uk/../confidentiality-under-16s-english.pdf
» nhs.uk/../confidentiality-at-sexual-health-services