Right to privacy: what can the gynecologist say to mom?

From the first visit to subsequent consultations, the relationship between doctor and patient must be one of complete trust, even before the age of 18.

The American College of Obstetricians and Gynecologists recommends that, in the absence of previous pathologies, a first gynecological examination be carried out between the ages of 13 and 15.

As a rule, girls go to the gynecologist, accompanied by their mother, in conjunction with menarche, that is, with the appearance of the first menstruation. In Italy, according to data from the Italian Society of Preventive and Social Paediatrics, it corresponds on average to 12 years and 4 months. The first sexual intercourse, on the other hand, occurs on average at 17 years.

In theory, there would therefore be about 5 years of time – one visit a year – to establish a relationship of knowledge and trust with the doctor and to be able to ask for information on the issues of sexuality and contraception.

Secrecy is an ethical duty

In reality, this routine is little pursued and even today the girls fear the visit: according to a survey by the Italian Society of Pediatrics and the Italian Society of Adolescent Medicine, 88% of fourteen-year-olds go to the doctor with their parents and, of these, 40% live the situation with embarrassment, mainly due to the lack of knowledge about their rights in terms of privacy.

Does professional secrecy also apply to minors? The rules in this regard say that if there are no specific reasons related to the patient’s health, the doctor has the faculty and the ethical duty to guarantee absolute confidentiality and therefore not to reveal to the parents and to anyone else what was expressed during the visit.

This means that you can get a contraceptive or an emergency contraceptive (the so-called morning-after pill) – which requires a prescription for minors – without the mother knowing about it.

In fact, there is a rule that denies access to personal data and administrative documents even when these are expressly requested by the parents of minors.

Not only that, minors can turn to health facilities and clinics that, by law, have the duty to administer on medical prescription the necessary means to achieve the purposes freely chosen with regard to responsible procreation also to minors.

The right to privacy also applies in the event of voluntary termination of pregnancy. In reality, the law 194/78, in article 12, requires for minors the consent of parents or guardians but, if there is not, the family counseling center or the doctor who issues the pregnancy certificate in place must turn to the guardianship judge within 7 days. And the Judge, within 5 days of the request and having listened to the reasons of the minor, will authorize the voluntary interruption of pregnancy. The right to privacy is therefore substantially foreseen and guaranteed. However, it would obviously be desirable, even on the part of gynecologists, that an open and sincere dialogue be established between parents and daughters on all issues concerning sexuality.