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.
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, 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
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.
If a young person is 13, 14 or 15 years old and they ask for contraception, or they are concerned about something to do with their sexual health, then the professional person they talk to will encourage them to talk to their parent. 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.
To clarify for professional people:
- You are not required in law to report knowledge of under 16's sexual activity to the police.
- You should always follow guidance which is outlined in The Edinburgh and the Lothians Child Protection Committee Inter-Agency Child Protection Guidelines 2002. If you are unsure, you should ask your line manager for information and clarification about how the guidelines affect your professional practice.
- The rules which guide your practice if you are a teacher or community education/community learning worker employed directly by your local authority are different to those of other professionals, you have less scope for professional judgement and discretion, and there is a requirement that you report knowledge of under 16 sexual activity to your designated child protection contact. We have created a bookletwhich explains how confidentiality works in your professional contact with 13, 14 and 15 year olds.
- The law is different if a young person under 13 is involved in sexual activity and all professionals should discuss such situations with their line managers or designated child protection contact.
- There are particular laws which protect people suffering from mental disability, that is people whose disability is so severe that they may be unable to consent to sexual activity.
- There are relationship offences such as incest, intercourse with a step child or intercourse with a child by a person in a position of trust. Again in such situations guidance should be sought from managers or named child protection contacts.
- Healthy respect also seeks to remind young people that it is always wrong and against the law to force someone to have sex no matter what age those involved are.
But what about child protection when it comes to 13, 14 and 15 year olds having sex?
We try to get over to young people this age that if parents or professional people think they are having sex then they may be worried about them. We say to young people that while we understand it isn't always easy to talk to their parents they should consider doing so, but that if they really think they can't, they should definitely then talk with one of our helping agencies, who in turn might be able to help them prepare how to talk to their parents.
One of the key things we try to get over to young people this age is that if a professional person is worried about them having sex that they would call this child protection. We explain that the kind of thing that would worry a professional person would be if the person having sex with the 13, 14 or 15 year old is:
- much older than them
- or they are asking the young person to keep their relationship secret and telling them not to talk to anyone to get the information, advice or support they need.
- or they are trying to keep the young person involved with them by buying them things or giving them money
- or they are asking the young person to do things that are making them feel uncomfortable
- or they are hurting the young person in some way.
We hope that young people understand that professional people think about child protection because they want to make sure young people are safe. We explain that if the professional person is worried about a young person they will usually talk to them about this and if they feel that they need to do more to protect the young person from harm they will talk to other professional people who are experts in child protection, they might be doctors, social workers or police officers. These people will then decide what its best to do to help keep the young person safe and healthy.
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.
As a professional person you should always follow guidance which is outlined in The Edinburgh and the Lothians Child Protection Committee Inter-Agency Child Protection Guidelines 2002. If you are unsure, you should ask your line manager for information and clarification about how the guidelines affect your professional practice.
Who can help if a young person I am working with has a question or is worried about something to do with their sexual health? Can I contact them too?
If you have a good relationship with a young person it may be you that young person turns to for information, advice or support. It is important to know what you can and should be doing when it comes to matters involving sex, relationships and sexual health. You must not feel that you have to be the person who can respond to what the young person needs, you may have a much more important role in ensuring the young person is signposted and supported to access someone who can provide what they need.
Undoubtedly it's good for young people to find out more about their rights or just to talk about something that is a bit of a worry. Healthy Respect encourages young people to find someone in their family that they can trust and is a good listener and talk to them. However if a young person wants to talk to someone else these are the agencies we say that can help.
As a professional person you might want to encourage young people to seek out information, support or advice from any of these places. And if you have a question about working with a particular young person, or on a particular issue relating to sexual health, you can also contact these agencies; if they cannot help they will try to direct you to someone who can. Many of these agencies have outreach services and can identify helpful resources to support learning for staff, young people and parents.
Healthy Respect drop-ins
Healthy Respect run drop-ins for young people in Edinburgh and the Lothians which provide free confidential advice, support and information about general and sexual health. They are in schools, health centres and the community. You can find out where your nearest drop-in is by checking the services directory in this website.
Caledonia Youth is a special place that only works with young people. They can help with questions or situations to do with sex, relationships or sexual health. Young people can contact them by telephone on 0131 229 3596, or by writing to CY at 5 Castle Terrace, Edinburgh EH1 2DP. They can give a young person an appointment or tell them when there is a drop in time. Their website gives more information: http://www.caledoniayouth.org
Family Planning Clinics are all over West Lothian, East Lothian, Midlothian and Edinburgh. They can help with questions or situations to do with sex, relationships or sexual health. Some of their clinics are especially for young people. Young people can phone them on 0131 332 7941 to find out where their nearest clinic is.
LGBT Youth Scotland supports young people who are lesbian, gay, bisexual or transgender. Their website at http://www.lgbtyouth.org.uk provides more detail, or young people can call the Youthline on 0845 113 0005 from 7.30 to 9pm on Tuesdays or telephone 0131 622 2266 at other times, or write to LGBT Youth Scotland, John Cotton Centre, 10 Sunnyside, Edinburgh EH7 5RA.
ChildLine gives confidential information and support. Young people can contact them by telephone for free on 0800 1111 or by writing (no stamp needed) to ChildLine Freepost 1111, Glasgow G1 4BR.
Worth talking about gives advice about sex, relationships and contraception. The call is free and confidential, telephone 0800 28 29 30 or by Textphone (for people with hearing impairments) on 0800 328 1651
Is there information for young people on this site about rights, responsibilities and the law?
If you want a young person to know more they can read the Rights And Responsibilities section on this site especially written for them.
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