Teenage pregnancy: the right to privacy

Adolescent pregnancy is a complicated problem that affects a young person’s right to privacy among other aspects of their life. Preserving their privacy becomes essential as teenagers deal with the difficulties of pregnancy in order to make sure they get the respect and assistance they require. This article examines how to balance the rights of teenage mothers with the obligations of parents, educators, and healthcare professionals.

In order to comprehend the right to privacy in relation to adolescent pregnancy, one must take into account the impact of disclosing sensitive personal information as well as its sensitive nature. A key component of their autonomy and sense of dignity for many teenagers is their right to privacy. This essay will go over how upholding this right can benefit the children and their families in the long run.

Through an exploration of the legal and ethical aspects of privacy, our goal is to emphasize the significance of protecting personal data while providing the necessary assistance. We will learn how to establish a nurturing environment that respects young parents’ rights and promotes their wellbeing by closely examining the matter.

Under 15 years – only with parents

Let’s be clear from the start: the girl’s age is crucial.

The legal situation will be entirely different for her if she is under 15 years old than it is for older pregnant women.

In this instance, the patient’s parents or guardians must grant written consent to end the pregnancy in order for the doctor to even accept her (Article 54 Federal Law of the Russian Federation of 21.11.2011. No. 323-FZ "On the Fundamentals of Health Protection of Citizens in the Russian Federation"). Thus, unfortunately (or fortunately), there won’t be a secret.

What to do if the parents are against abortion?

Despite the expectant mother’s personal opinion, the pregnancy will be kept in this instance. There won’t be an abortion if there are no medical grounds for it and the expectant mother’s legal representatives refuse to consent.

What to do if the parents insist on an abortion?

It is also conceivable for a young woman to wish to give birth but her parents are opposed to it. The law is on the expectant mother’s side in this situation because everyone has the freedom to make their own decisions about what to do with their body, according to Article 22 of the Russian Federation Constitution. Forcible abortions will only be carried out in order to preserve the life of a minor who is pregnant.

The young pregnant woman has additional health-related rights if she has already turned fifteen.

To the doctor in secret? To a municipal clinic!

The majority of private clinics, if not all of them, will not admit a minor patient without permission and frequently in the presence of her attorney.

However, state clinics are exempt from this regulation since minors have the freedom to independently contact a physician starting at age 15.

They also have the right to end a pregnancy; parental consent is not needed for this (a minor exception: girls who are addicted to drugs may choose to have an abortion only up until the age of 16). Therefore, you are free to choose to have an abortion "without asking," as stated in the same article 54 of the law "On the Fundamentals of Health Protection of Citizens of the Russian Federation."

They will tell the parents everything if. they ask

Consequently, the girl went to the gynecologist to confirm that she is indeed pregnant. What comes next? Is the physician required to maintain patient privacy or, conversely, notify the parents of their daughter’s "interesting situation"?

A law that prohibited doctors from disclosing any health-related information to patients who had turned 15 without the patient’s written consent was in place until recently. To nobody. even the parents.

But since July 2020, things have been different: following the approval of legislative amendments, the diagnosis (h.2 tbsp.22 323-ΤΗ "On the Basics of Health Protection") The results of the examination, the diagnosis, and information about teenage medical visits (if any) are no longer kept a medical secret from parents; the child’s consent is not needed.

There is a crucial distinction, though: while the doctor must inform the parents of the child’s pregnancy upon request, he is not required to look for them.

Stated differently, a doctor is required to respond to a mother who questions them about her daughter’s health and if she has ever seen a gynecologist. The legal representatives would not have learned anything if they had not asked this (unless, naturally, the daughter lacks the bravery to disclose all that we believe to be the best course of action -. Ed.).

• Medical secret will remain a secret if a girl at 16 acquired full legal legal capacity by a court decision or guardianship authority, or as a result of marriage. This opportunity is available to the most independent, including financially, young people.
• Doctors have the right to communicate information about the health of a young patient only to parents or guardians as the child"s legal representatives, and, for example, they will not tell the grandmother anything (if she is not the official guardian).

The school and guardianship authorities will not be informed

In this case, medical confidentiality is still in effect, and the doctor is not permitted to disclose the minor’s pregnancy to the school, college, or lyceum without the minor’s consent.

Additionally, he is not allowed to notify the guardianship authorities because, while it is currently thought that medical confidentiality is a more compelling argument, teenage pregnancy can be considered the outcome of "parental inaction" if desired.

In addition, the doctor may be subject to administrative or criminal penalties for disclosing such information, including a three-year ban from practicing medicine (Article 137 of the Criminal Code of the Russian Federation).

Teens who are facing pregnancy must have their right to privacy respected for their emotional and mental health. They require a secure environment free from criticism or coercion so they can make wise decisions.

In addition, family and medical professionals’ support is essential in helping them get through this trying time. Adequate guidance combined with a balance on privacy can result in better outcomes for the adolescent and their offspring.

Since every situation is different, it is essential to provide teens with the freedom to protect their privacy while getting the support they require in order to build trust and make responsible decisions.

Adolescent pregnancies pose intricate difficulties, one of which is the right to privacy, which is essential to protecting the welfare of newlywed mothers. It can be challenging to strike a balance between teens’ right to privacy and their need for support and direction, but it’s crucial to do so while also respecting their right to privacy. The significance of protecting teens’ privacy when they are pregnant will be discussed, along with how it affects their family dynamics, mental and emotional well-being, and availability to resources.

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