The right to intimacy of minors in the practice of pediatric endocrinologists

Abstract

Nowadays, the subjectivity of each person and respect for their rights, especially the right to privacy and personal dignity, are strongly emphasized. The right to intimacy is derived from the former. This right is guaranteed by numerous laws, including the Constitution of the Republic of Poland. The protection of the right to intimacy is particularly important in the case of people who, due to their capacity or age, cannot effectively protect themselves against its violation. This problem is exacerbated in case of patients who, while in medical facilities, must submit to their regime and are hence seriously exposed to the possibility of encroachment on their intimacy. The protection of minor patients is increased in this respect. This paper discusses the sources of the right to intimacy, both domestic and international, and indicates the areas where it may be violated. The violations of the right to intimacy may take psychological and physical forms. In the former aspect, the encroachment on intimacy may include disclosure of sensitive data protected by medical confidentiality. This paper explains the subject matter of medical confidentiality and what exceptions apply to minors. In turn, the encroachment on intimacy in the physical form includes, among others, the involvement of bystanders during providing health services. This paper presents regulations permitting such assistance of medical workers, relatives, and other persons, as well as students.

Polish adolescents’ right to confidential primary health care is not respected despite high public acceptance

“…In Poland, legal regulations exempt doctors from medical confidentiality in relation to the parents of a minor (up to age of 18). Moreover, the doctrine assumes that at least until the age of 16, all medical services must be provided in the presence of the parents 20 …”

“…Moreover, the doctrine assumes that at least until the age of 16, all medical services must be provided in the presence of the parents. 20 In some jurisdictions, the right of adolescents to confidential medical care is not rigidly tied to age, but to the doctor's assessment of the patient's maturity (psychosocial development). This kind of order prevails in Germany, many states of the USA, Canada, Australia and United Kingdom.…”