When we talk about sexual health with young people we say it is to do with everything about them that is to do with sex, relationships and the way their bodies change as they become adults. Healthy Respect wants to encourage young people to know and understand more about what rights they have, and what responsibilities they have to look after themselves and other people. There are also things about the law that young people and professionals need to think about.
In this part of the site we answer some important questions that professional people may have about aspects of the sexual health of the young people they work with.
Right and responsibilities
What are my rights and responsibilities as a professional person?
We all have rights enshrined in the European Convention on Human Rights and the Human Rights Act 1998. Children and young people up to the age of 18 are viewed as requiring special protection and so have rights laid out in the United Nations Convention on the Rights of the Child (UNCRC).
As a professional person, when you work with a young person up to the age of 18, you assume a level of responsibility for the relationship and for the wellbeing of the young person. Professionals need to be clear about what guides them in their interactions with young people. Many professional groups have clear protocols or codes of conduct for their professional practice.Healthy Respect wants to encourage young people to know and understand more about what rights they have
If you work with young people under 16 it is good practice to talk with them about what Child Protection means, how confidentiality works, and what your responsibilities are in relation to it. It is best to do this at regular intervals, and particularly important if you are engaging in any activity in which young people are likely to talk about sex or relationships or sexual health.
It is essential that you understand how your professional practice is guided by The Edinburgh and Lothians Inter-Agency Child Protection Procedures 2007.
If you do not know, you must ask your line manager for information and clarification.
Healthy Respect has produced a booklet which addresses rights, responsibilities and the law in relation to confidentiality in services, but which goes further and helps professionals understand wider aspects of work in this important area.
What rights do young people have?
- 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.
Healthy Respect encourages young people to be aware of their responsibilities:
- To think carefully about keeping themselves and their partner healthy and safe
- To think about the information they get about sexual health and relationships
- To say clearly what they want and don’t want in a relationship
- To treat other people, and their feelings, with respect (even if they are different)
- To think about what the law says about sex and relationships.
What about the rights and responsibilities of parents?
In both The United Nations Convention on the Rights of the Child, and The Children (Scotland) Act 1995, parents hold the main responsibility for the welfare of their child.
When it comes to their child's health, parents can expect that a professional person would normally seek permission before providing any treatment or counselling for someone under the age of 16. So for example, schools normally ask parents for consent for young people to have immunisations.
However, the law says that a young person can use a health service or get medical treatment at any age without parental permission as long as the young person understands what it is they are doing. Medical professionals involved in the delivery of sexual health services (including provision of contraception) follow rules which respect the young person's right to confidentiality, but will also encourage any 13, 14 or 15 year old to speak to their parents about these things.
Parents can be sensitive to the ways in which their son or daughter might access and use services that provide information, support, advice or clinical services. This is particularly so if their child is under 16. If parents themselves need some support or information the following agencies can help:
ParentLine Scotland is the free, confidential, telephone helpline for parents and carers in Scotland and is open for telephone calls on Monday, Wednesday & Friday between 9am - 5pm or Tuesday & Thursday between 9am - 9pm. Phone 0808 800 2222. More information can be found on their website at www.children1st.org.uk/parentline/
Parents Enquiry Scotland offers support to parents and their gay, lesbian, bisexual and transgender children across Scotland. Parents operate confidential help-lines. Further information is available on the admin line at 0131 556 6047 or at the website at www.parentsenquiryscotland.org/ or email parentsenquiry@hotmail.com
How does confidentiality work?
Young people often want to know about confidentiality before they decide whether to speak 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. However, teachers and community education workers have slightly different rules. We suggest you read our In Confidence range of booklets for professional people. These related publications listed below are available as PDFs in the resources for professionals page in the Downloads and Campaigns section.
- In Confidence: Health professionals
- In Confidence: Education professionals (teachers and community education/community learning workers)
- In Confidence: Voluntary sector youth workers
- Unlawful Sexual Activity: Interim Guidance
- Edinburgh and Lothians Inter-Agency Child Protection Procedures
What about under 16s?
Healthy Respect has produced a booklet on the issue of confidentiality especially for young people who are 13, 14 or 15 years old.
Parents and professionals can be understandably concerned about young people becoming sexually active if they are under 16. Professionals will always encourage young people to talk to their parents. But a professional person cannot make them do this, and the professional person must not pass on information about the young person to a parent without permission.
Even though 13, 14 and 15 year olds have a right to ask for advice, information or contraception, a doctor can say no if they don't normally work with under 16s. However, they must keep the request confidential and they will usually signpost the young person to an alternative doctor.
What does the law say?
A young person can use a health service or get medical treatment at any age (including 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.
Young people can buy condoms at any age. They can also get free condoms from the c:card service at http://www.ccard.org.uk which operates across the Lothians.
Sex under the age of 16 is illegal. When both parties are 16 or older, and both want to have sex, and both consent, then it is legal to have sex. Forced sex is always against the law, regardless of age.
If a young person under 13 is involved in sexual activity, all professionals should discuss such situations with their line managers or designated child protection contact.
What does the law say about 13, 14 or 15 years olds having sex?
Most people wait until they are 16 or older before having sex. But sometimes young people have sex sooner. The law says
- If the young person and their partner are heterosexual and are 13, 14 or 15 years old and they have sex the boy is breaking the law.
- If a young man and his partner are gay and are both 13, 14 or 15 years old and they have sex they are both breaking the law
- If a young woman and her partner are lesbian and are both 13, 14 or 15 years old and they have sex neither of them is breaking the law
- If one of the young people is 13, 14 or 15 years old and their partner is 16 or older the older person is breaking the law.
But what about child protection when it comes to 13, 14 and 15 year olds having sex?
It is essential that you understand how your professional practice is guided by The Edinburgh and Lothians Inter-Agency Child Protection Procedures 2007.
The supporting document Unlawful Sexual Activity Interim Guidance for Edinburgh and the Lothians (November 2006) provides professionals with clear guidance where young people are involved in sexual activity under the age of 16 years.The document states:
Where under 16s are having sex, professionals must consider the following and make a risk assessment:
- The age of the young people involved
- Any imbalance of power
- Overt aggression
- Whether coercion or bribery is involved or such an allegation has been made
- Whether substances have been used as a disinhibitor
- Whether the young person’s own behaviour, because of substance misuse, places him/her at risk so that s/he is unable to give informed consent to any activity
- Whether the young person is able to give informed consent (e.g. mental illness, learning disability, etc.)
- Whether unusual attempts have been made to keep the relationship secret (beyond what would be considered normal in a teenage relationship)
- Whether methods used are consistent with grooming.
Where can I find out more about young people, sex and the law?
The Scottish Child Law Centre gives information and advice about the law. You can contact them by telephone for free on 0800 328 8970 or by email to enquiries@sclc.org.uk or by writing to SCLC 54 East Crosscauseway, Edinburgh EH8 9HD. More at www.sclc.org.uk/
The United Nations Convention on the Rights of the Child is the international law that states what rights young people have from birth until they are 18 years old. There is more on this at http://www.unicef.org/crc/index.html
Scotland's Commissioner for Children and Young People: The job of the Commissioner and her team is to make sure that people listen when children and young people have important things to say about their lives. This might include people in schools, parliament and law courts. More at http://www.sccyp.org.uk/
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