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SEXUALITY - young people and their rights

Ideally, parents are the first teachers of sexuality education.  As young people move towards adulthood, they will explore new relationships, become involved in many activities outside the family and become increasingly independent.  Nevertheless, their family remains an important element in their lives, and parents continue to be concerned for their children's happiness and welfare. In some families these issues, and issues of sexuality, are openly and easily discussed; in others this can lead to difficulties and misunderstanding.  The Netherlands had developed successful policies for young people based on the three R's, Rights, Responsibility and Rapport. These have contributed to very low unplanned pregnancy rates and a later age of first sexual experience than in the United States.

Discovering that their teenagers are having sex is generally not easy for most parents. That said, once they have thought about it, most would prefer that they are safe and make positive healthy decisions.  To do that they need good quality sexuality and relationships education, access to sexual and reproductive health services and information, and to know they will not be treated in a judgmental or coercive way.

Many young people do talk to their parents about their decision to become sexually active.  For others it is not easy. Where young people are reluctant to talk to their parents Family Planning encourages them to seek the support of a trusted adult.

Are young people having sex earlier these days?

Boys and girls are reaching puberty at younger ages than previous generations in developed countries.  This has been largely attributed to improved nutrition and general health.  For a wide range of reasons, the average age of first sexual intercourse is earlier both in New Zealand and overseas; the age of marriage is later (29-30) and there appears to be a greater proportion of young people who are sexually active with more partners, although research findings are mixed on these complex issues.

Are young people under 16 allowed to get contraception without their parent's consent?

A number of pieces of New Zealand legislation provide for this. The Contraception, Sterilisation and Abortion Act (1977) allows for young people under the age of 16 to be given contraceptive information, services and prescriptions.

The health provider is expected to encourage the child to talk to their parents but this unfortunately is not always a possibility.

There is no statute or law restricting any health provider giving information or advice on the use of contraceptives or prescribing contraceptives to people of any age.  In doing this the health professional must take into account the competence of the young person to make an informed decision.

These provisions are based on the Gillick or Fraser Guidelines in the United Kingdom, on the basis that health professionals judge competence to make informed decisions on a daily basis, and that if young people cannot access confidential services they may not seek help at all.  This rationale also fits in with the UN Convention on the Rights of the Child.

Rule 11 of the Health Information Privacy Code limits the disclosure of health information to the individual concerned.  This rule applies to the health records of all health consumers and does not exclude the records of minors.

Where a young person has the necessary capacity to consent to his or her own medical treatment, all health information disclosed to the health provider is to remain confidential as for other clients.  There is no exception under the Health Privacy Code.  The only situation where disclosure of health information is allowable is if the patient is unable to consent to medical treatment on his or her own behalf, or is a danger to themselves or others.

The Crimes Act 1961 sets out the age of consent to sexual intercourse (16 years). (The 1986 Homosexual Law Reform Act set the age of consent for same sex couples male at 16).  One of the aims here is to protect children from sexual exploitation by adults and a range of possible factors to be taken into account in Police prosecutions is also included.

Shouldn't parents be told if their daughter is having an abortion?

The Care of Children Act provides for people over 16 to consent to their own medical treatment.  People under the age of 16 can consent to their own medical treatment in relation to receiving contraceptive advice and services.

It allows young women under 16 to access contraceptive advice and services and confidential abortion services without parental/guardian notification.  A woman of any age will have consulted three health professionals before she is able to have an abortion - two will have been certifying consultants.

Most girls do involve their parents in their decision to have an abortion.  Those who don't generally do not because of family dynamics, including violence.  Lack of assurance of confidentiality is a barrier to obtaining safe legal abortion and could lead women to seek an unsafe abortion.

An American study showed that nearly half of the young women surveyed would stop using sexual health services if their parents were automatically notified. The same study showed that 99 percent would continue to have sexual intercourse. (Reddy DM, Fleming R, Swain C. 2002.  Effect of Mandatory Parental Notification on Adolescent Girl's Use of Sexual Health Care Services).

A New Zealand study has indicated that nearly 50% of women presenting at one abortion clinic had experienced a lifetime prevalence of violence
(Whitehead A & Fanslow J. 2005.  The Prevalence of Family Violence Amongst Women Attending an Abortion Clinic in NZ).

What is the state of sexual health in New Zealand?

Rates of Chlamydia and Gonorrhea have increased significantly in the last few years.  Laboratory data suggests the incidence of Chlamydia in the New Zealand population is considerably higher than in Canada, Australia and the United Kingdom.  Chlamydia rates are higher for Maori and Pacific people owing to a complex range of factors, many of them linked to social and economic disadvantage and disparity.

New Zealand has a high number of unplanned pregnancies.  A Dunedin study reported that out of its participants, 60 percent of pregnancies to women aged under 25 were unintended (Dickson N, Wilson M, Herbison P et al. 2002. Unwanted pregnancies involving young women and men in a New Zealand birth cohort. New Medical Journal 115: 115-9).

Nevertheless, teenage pregnancies are similar in number to the 1980's. New Zealand has high rates of abortions compared to some other countries, particularly among Maori, Pacific and Asian women.  In comparison with many European countries, New Zealand's abortion rate (in 2004, 20.5 per 1,000 women aged between 15 and 44) is at the higher end of the scale along with the United States, Australia and Russia. Recent years have shown a decrease in some ethnic groups and an increase in abortion for Asian women.

HIV and AIDS has been successfully managed within New Zealand but recent increases have included greater numbers of heterosexually transmitted infections, with an increase of 49% between 2002 and 2003 (35 cases in 2002 to 52 cases in 2003).

Sexual and Reproductive Health Strategy

The Government introduced a multi level Strategy in 2001, but sexual and reproductive health is number 32 in the NZ Health objectives.

Tiakina tou Whakapapa
taking care of our present and future generations