Sexual health
There is no set minimum age for contraceptive advice and treatment, but it should be borne in mind that the legal age of consent for sexual intercourse is 17. If there is reason to believe that a child or young person is being exploited or abused, child protection procedures should be implemented. Otherwise, provided the young person concerned has the maturity to understand the implications of her decisions (see Box 6), her confidentiality should be respected, even if this means not involving her parents in treatment decisions (see "
Who can consent on behalf of a minor?"). This position is endorsed by the Data Protection Commissioner.
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If there is reason to believe that a child or young person is being exploited or abused, child protection procedures should be implemented
There are sometimes difficult judgments to make in these situations and it can be a delicate balancing act to accommodate competing ethical and legal considerations. Aspects to weigh in the balance are:
- The age of the child – obviously, the younger and more immature the patient, the more seriously you should consider instituting child protection procedures or involving his/her parents.
- The child’s rights and best interests. You should, as far as possible, respect the child’s confidentiality and make his/her health and welfare your primary concern.
- The special place that the family occupies in the Irish Constitution (see "Children and young people")
- The law on consent. The Non-Fatal Offences Against the Persons Act provides for children of 16 or above to consent to medical or surgical treatment. It has nothing to say, however, about children under that age. The Criminal Law (Sexual Offences) Act, 19938 has more serious penalties for sexual relations with under 15s than with under 17s.
It is extremely important that, in making these difficult judgments, you are able to justify your decision if it is later called into question. Comprehensive documentation of your reasoning at the time is therefore vital. If you are at all uncertain about the best course of action to take in these circumstances, you can always call MPS for advice.