Action for M.E.

Your rights

Children and young people have rights just like adults do. In addition to the rights governed by the United Nations (UN), you're also entitled to legal rights written down in UK law. Here's a quick breakdown of what you are entitled to in health care.

The UN Convention on the Rights of the Child, which has been signed by the UK government among many others, states that:

Children have the right to be as healthy as possible. If they are ill they must be given good health care to enable them to become well again
Children have the right to consent or refuse consent to dental, medical or surgical treatment if they can prove they understand what will happen as a result of their decision

'Consent' here means agreeing to an examination or to receive certain treatment. How much you can decide for yourself depends on your age and circumstances.

If you are under 16:

you may still be able to give consent yourself
it is generally a good idea to involve your parents and discuss your treatment with them, as they have responsibility for your welfare

If you are 16-18 you have the right to:

make the decision on medical treatment yourself
disagree with your parents about treatment, although they may be given the right to change your decision under some circumstances
allow your parents or guardian to give consent on your behalf if you are having problems deciding
choose the doctor and other medical people who treat you
expect medical people not to talk about your health problems with your parents or carers unless you want them to
look at the information the doctor or others keep about you
complain if you are not being treated properly

If you are over 18 you can:

make the decision to accept or refuse treatment for yourself, although it is advisable to involve your parents/ family if it affects them in any way
choose the doctor or medical people who treat you
expect your doctor to keep details about your health in strict confidence
look at the information the doctor or others keep on file about you
make a complaint if you are not being treated properly

It is advisable to involve your parents or guardian and discuss treatment choices with them to prevent any problems or misunderstandings.

How may a healthcare professional ask for consent? They may ask you directly if it's ok for them to carry out a procedure. For example if they want to measure your blood pressure they should explain what this will involve, why they need to do it and ask you if you are happy for them to go ahead. If you say 'yes' and roll up your sleeve this is a sign to them that you are verbally giving your consent. With more complicated treatments or when research is being carried out you may be asked to give your written consent by reading and signing a consent form.

What do you need to know before giving your written consent? Make sure that all the facts are explained to you clearly and in a way that you understand. If you don't understand then ask the person to explain again. Ask questions. If necessary ask for written information so that you can read through the facts in your own time and discuss any issues with a parent or carer. You should know what the proposed treatment will involve, the possible benefits, potential risks or side effects and also the possible alternatives. You should also know what may happen if you choose not to accept the treatment or procedure. If the situation isn't an emergency, you can take as much time as you need to think it through.

You don't have the right to a certain treatment just because you want to give it a try. It's up to your doctor to decide which treatments or procedures they will offer you.

Information produced July 2003
Updated June 2004