A fourth exception to minor consent pertains to HIV diagnostic testing and treatment as well as sexually transmitted infection (STI) testing, treatment and prevention. Analysis was performed in a 2012 study which considered the state adolescent consent laws and implications for HIV and STI’s prevention, diagnosis and treatment. The findings are concerning. The study states, “No states expressly prohibits minor’s access to HIV or STI prevention methods or testing. All states expressly allow some minors to consent to medical care for the diagnosis or treatment, but only eight allow consent to preventive services. Thirty-four states expressly allow minors to consent to services. Seventeen states allow minors to consent to STI testing, but do not
In the United States, twenty six states allow minors, defined as children twelve and older, to consent to contraceptive services; Michigan allows some minors, such as those who are married or have previously been pregnant, to consent; four states have no standing laws or policy (“An Overview” 1-2). The contraceptive access also varies across the country. Some states require comprehensive sexual education and for teens to be able to access contraceptives. Some lean more towards abstinence only education in the hopes teens will steer away from sexual activities. There are also scattered clinics where teens can receive birth control. For many parents, this term conjures up images of teenage sex or pregnancy, which can cause them to ignore its
There is a strong need for greater access to current and evidence-based sex education in American public schools. Concurrent with access to information and education about human sexuality, schools should also be offering students safe, anonymous ways of receiving condoms. Condoms are crucial for preventing unwanted pregnancy: and it can easily be said that all teen pregnancies in the United States will be classified as unwanted. Moreover, condoms will prevent the spread of sexually transmitted diseases. When they are used properly, condoms can become lifesavers. However, adolescents are often woefully ignorant about when and how to use condoms. Few adolescents in the United States have ready access to condoms, either at home or in schools. Because of the general prudishness embedded in Bible Belt America, states like Georgia must take a strong stance on the issue. Georgia should follow suit with states like Massachusetts, who have implemented successful condom distribution programs in their schools.
Studies show that the national average for an adolescent’s first sexual intercourse encounter is seventeen years old. Despite this number being very close to the average age in other industrialized countries, the United States holds a higher percentage of teenage pregnancy and sexually transmitted disease (STD) contraction than those countries (Harper et al, 2010, p. 125). It’s becoming evident that while a majority of the nation’s youth is sexually active, they are not doing so with the appropriate knowledge to keep themselves and others healthy.
"Approximately four million teens get a sexually transmitted disease every year" (Scripps 1). Today’s numbers of sexually active teens differ greatly from that of just a few years ago. Which in return, projects that not only the risk of being infected with a sexually transmitted disease (STD) has risen, but the actual numbers of those infected rise each year as well. These changes have not gone unnoticed. In fact have produced adaptations as to how society educates its young adults about sex, using special programs, various advertising, and regulating sexual education courses in public schools. One major adaptation is the advancement and availability of
Although society is progressing in the direction of equal rights for adolescents, this change is not occurring as rapidly as it should. With state governments deeming all adolescents capable of making medical decisions without parental consent, and studies
Bill Hughley, Executive Director of the Rockdale Coalition for Children and Families, said “state wide statistics illustrate that high risk sexual behavior among teenagers is a growing problem as young teenagers begin to experiment with sex with people much older than them (Jones, par 4). Many of these teens are engaging in sex not realizing that if both partners are not within the same age bracket they could be committing a crime. There is an exception for teenagers convicted of statutory rape and child molestation included as part of so called “Romeo and Juliet Laws” teenagers as long as they are not more than four years apart-to be charged only with misdemeanors and they would not be requires to register as sex
Lifelong sexual health for adolescents requires this vulnerable population have information about and access to affordable, youth-friendly, and culturally competent sexual healthcare services. In addition, the providers of these sexual healthcare services should be trained to respect privacy and support these teens in making individualized choices that are appropriate for them. As evidenced by the rate of STIs and unplanned pregnancy among marginalized youth populations, barriers such as stigma, discrimination, lack of knowledgeable providers, cost burden,
In the last decade or so, however, the growing awareness of the dangers of AIDS does appear to have contributed to a decline in the rates of sexual intercourse among teens. The Youth Risk Behavior Survey found that between 1991 and 2005 the percentage of teenagers who are sexually active dropped from 57.4 percent to 46.3 percent among males and from 50.8 percent to 44.9 percent among females. The rates of pregnancy, abortion, and sexually transmitted disease among teens have actually dropped even faster than the rate of sexual activity. So it appears that, in addition to postponing sex, teens are also becoming more responsible in their sexual activities. For example, the Youth Risk Behavior Survey found that 87.5 percent of teens were either abstinent or used condoms. Of course, that means that 12.5 percent of teens were still having unprotected sex, but that is a significant improvement over past decades. Similarly, although the rate of teen pregnancy has declined, more than 11 percent of the babies born in the United States
With adolescence being a time of both sexual maturation and increased risk-taking, it is unsurprising that adolescence is a period in which many young people become sexually active (Tillett, 2005). With 69% of year 10 to 12 students reporting having engaged in some kind of sexual activity and 34% having engaged in intercourse (Mitchell et al, 2014), the idea that adolescence is a period of sexual innocence is misinformed; young people do have sex, whether or not they have undertaken sex education or have access to contraception. The ethical issues around adolescent access to contraception are numerous. The idea that young people will engage in more sex if they are able to access contraception is persistent, and this holds the potential for unwanted pregnancy, sexually transmitted infections, and damage caused by having sex without giving informed consent. The second ethical issue of parental consent revolves around parents having the right to be aware of their children’s medical history, conflicting with the child’s right to confidentiality.
On one side, minors can receive benefits associated with birth control such as a regulated menstrual cycle and prevention of pregnancy. On the other side, the reduced risk of pregnancy can lead to irresponsible sexual behavior, which in response can lead to the spread of STIs. One could argue that increased education is needed for both teenage boys and girls regarding sexual health and the risks and benefits of birth control. Another argument could be for the increased trust and non-judgemental communication between teens, parents, and health care providers when it comes to sexual health.
A third exception to minor consent is birth control. In the setting of contraception and sexual healthcare, “The American Academy of Pediatrics (AAP) believe that policies supporting adolescent consent and protecting adolescent confidentiality are in the best interests of adolescents” (AAP, 2014). The contraception pill is significant in reducing pregnancy rates, but can be contentious when it comes to ethical, moral and religious views. It can also cause distress with parents when they find out if parental consent is not required. This can be challenging for nurses who do not understand state and federal laws and how they apply to minors and the use of birth control. The study states that, “Nearly half of US high school students report ever
In 2006 there was an increase of 3.5% and the states with the largest increase were the ones with the most partial access to confidential adolescent services and contraception according to the Child Trends Data Bank (2007). The privacy and confidentiality rights for adolescents have increasingly progressed throughout time here in the United States. Around 1960’s certain states had the right to control the accessibility of contraception (Schapiro, 2010). In 1973, the Supreme Court stretched the privacy rights allowing women to make a choice about abortion. During the 1970’s there was a progression of laws concerning adolescents access to Sexually Transmitted Diseases testing, contraception, abortion and pregnancy management. By 1980’s, religious groups and conservatives didn’t agree with adolescent access to abortion and contraception without parental permission including public funding to these services for women no matter the age (Schapiro, 2010). President Regan started this “gag rule” which forbidden the United States assistance programs to mention abortion when counseling about sexual harm reduction. It was lifted when President Obama was in office in 2009. Adolescents should be entitled the same legal rights as adults when it comes to confidentiality in their health care decisions. All states have created laws that allow adolescents to receive health care services and health care
The United States Department of Health and Human Services (HHS) reports that “adolescents ages 15-24 account for nearly half of the 20 million new cases of STD's each year.”1 Though all 50 states and the District of Columbia allow adolescents to be tested and treated for STDs without parental consent or knowledge of the procedure, many adolescents forgo the tests in fear that their parents may become aware of their tests through insurance notifications. I feel that it is unfortunate that some adolescents are not able to have open communications with their parents about sexual and reproductive health care issues. Conversations about these issues should begin early in life so children will not feel self-conscious when discussing sexual issues
There is a major stipulation in the concept of privacy and minor’s sexual activities. Some may argue the fact being able to receive contraceptive, abortions, or medical attention for STDs are grounds for having privacy in their sexual lives. However, these are aspects of health and are considered too private for state involvement. In the case of a minor’s right to privacy in engaging with an adult, the proposal of privacy rights are ultimately invalid as it is seen as a potential hazard to their health. In relation to one another, however, have shown contradictory. In the Florida Supreme Court case B.B. v. State, the court ruled in favor of the argument of privacy as a sixteen-year-old adolescent couple have the right to procreation as long it is done using un-intrusive means.
According to NATIONAL SURVEY OF TEENS AND YOUNG ADULTS ON HIV/AIDS, “There are more than 1.1 million people in the United States living with HIV today, more than at any time in the history of the epidemic. Young people account for two in five new infections in the U.S., and minorities and gay men have been disproportionately affected. To better understand the views of young people in the U.S. on HIV/AIDS at this critical juncture in the epidemic, the Kaiser Family Foundation contracted with the research firm GfK in the fall of 2012 to conduct a national survey of 1,437 teens and young adults ages 15 through 24.( Kaiser Family Foundation 2012)” Nowadays, the age of maturity starts at an early age. From that point, they enter a world full of sexual desires that is apart of being human. This is why it is important for the parent(s) to be