When we talk about sexual health with young people we say it is to do with everything about them relating to sex, relationships and the way their body changes as they become an adult. 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 need to think about.
In this part of the site we answer some important questions which parents may have about aspects of the sexual health of their son or daughter:
Rights and Responsibilities
What are my rights and responsibilities as a parent?
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.
professionals working with young people will always strongly encourage young people to speak to a parent or other trusted adult
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.
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 others 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 professionals?
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).
Professional people, when working with a young person, assume a level of responsibility for the relationship and for the well being 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.
Professional practice locally is guided by The Edinburgh and Lothians Inter-Agency
Child Protection Procedures 2007.
How does confidentiality work?
For professionals working with young people aged 13-16 years, it is good practice to talk with them about what child protection means, how confidentiality works, and what their responsibilities are in relation to it. It is best to do this at regular intervals, and particularly important if a professional is engaging in any activity in which young people are likely to talk about sex or relationships or 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
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. 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. For example, a young person may access contraception without the need for parental knowledge or consent. However, professionals working with young people will always strongly encourage young people to speak to a parent or other trusted adult, particularly if they are pregnant.
What about under 16s?
Parents are often concerned about their son or daughter becoming sexually active if they are under 16. This is the kind of information professionals in the Healthy Respect network give to young people who are 13, 14 or 15 years old:
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 must not pass on information about the young person to a parent without permission.
What does the law say?
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 surely it's not just about young people's rights if they are under 16?
Of course, it’s not; these are just statements of fact. Healthy Respect wants young people to understand that they deserve the best when it comes to their personal and sexual relationships. This means that while laws may be broken by young people having sex (as described above) we don't want them to be overly worried about this, because we want them to feel that they can talk to someone to get the information, advice or support they need. Healthy Respect wants young people to make good, safe decisions. We don't want them to be frightened, or feel unable to approach anyone for help, as this may leave them vulnerable.
What about child protection when it comes to 13, 14 and 15 year olds having sex?
Healthy Respect tries to communicate to under 16s that if parents or professional people think they are having sex, then they may be worried about them, and may consider the issue of child protection. While it might be understandable that it isn't always easy for young people to talk to their parents, they should consider doing so, and Healthy Respect professionals will always encourage this.
The 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 go for more information on 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. Find out more at www.sccyp.org.uk
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Support and Information for Parents and Carers