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Minors’ Healthcare Rights: Information, Silence & Consent

by Olivia Martinez
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Minors often lack awareness of their rights within the medical system, despite these rights being enshrined in public health law. Understanding these rights is crucial for ensuring young people receive appropriate care and have agency over their health decisions.

While generally under parental authority, minors possess specific healthcare rights that should not be overlooked. According to Juliette Legros, a leading editor, “Any minor has the right to be informed about their health condition, the care options available, and the potential consequences, using language appropriate for their age and maturity level. A minor also has the right to express their opinion, which healthcare professionals must consider, even if the final decision ultimately rests with the parent or legal guardian.” The public health code also allows for specific situations where a child under 18 can object to their parents being informed about their care.

Legros further explained that a minor can be accompanied by a trusted adult of their choosing throughout their healthcare journey, ensuring they aren’t alone during potentially difficult conversations or procedures. “A minor can refuse to share information with their parents when they wish to maintain privacy regarding a medical act or their health status. While parents generally should be involved in medical decisions for their child, the law provides this exception.” This right to confidentiality often applies to issues like contraception, pregnancy, sexually transmitted infection testing, substance use treatment, and any situation where a minor believes informing their parents could be detrimental.

In the case of an emancipated minor – one who no longer lives with their family and is independently covered by health insurance – they have the sole authority to develop decisions about their medical care. No distinction is made based on age or maturity in these instances. In such cases, patient confidentiality takes precedence over parental authority, and medical professionals are legally obligated to uphold it.

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