Child Rights and Confidentiality

 Does a child have right to confidentiality in the same regard as an adult has this right ? And if so, should this right be limited in ways not limited to an adult? Does the parent hold a right to know the deepest thoughts and feelings of their child? And does that right override the child’s right to confidentiality?

 

For the purpose of this discussion, we will consider child as under the age of 16 or otherwise considered a ‘minor’ in the eyes of the law.

Under Canadian Law (and within the laws of many other free countries) confidentiality is limited with respect to reports of harm to oneself of others.  In other words, you cannot confidentiality report to anyone your intent to harm yourself or another person and reasonably expect that information to not be reported.

For the most part, other than the rule above, individuals are free to have confidential discussions between one another not to be repeated outside of that discussion.

Generally speaking children cannot enter into legally contracts of their own accord, and therefore, an adult CANNOT request the confidence of a child or otherwise ‘confide’ in a child, but it is generally accepted that a child can confide in an adult. The adult is not required to reveal information shared by the child during that discussion unless of course it breaks the ‘harm to oneself or others rule’. We teach our children if something is wrong to talk to a parent or another trusted adult, and we also teach them not to talk to strangers.

But the question remains -  are their other situations where an adult should be required to reveal the discussion held in confidence where that discussion does not involve harm to oneself or others? Furthermore, should it never be acceptable for an adult to hold any confidence with a child under any circumstances?

Some examples:

1)      Can a child confide to one parent about another parent?  Should one parent be legally required to tell the other parent everything shared by the child?

 

2)      Can  a child confide in a counselor?, school teacher?, police officer?, member of the clergy?, or must all information shared by the child always be revealed to the parents? (note: the rule above still holds – counselors, policy, teachers, clergy, all must report instances of harm to self or others)

 

3)      Can a child keep a record of private thoughts in a journal /diary ? And does the parent have the right to read that journal / diary without the child consent?

For the purposes of  this discussion - What do we mean by harm? – Certainly, physical, sexual harm, thoughts of suicide, and other intents of physical harm are easily identified in today’s society.  We know that mental abuse (one person abusing another) is a real concern in society and must also be reported, but does there exist other harder to identify, more subtle forms of psychological harm? And if so, is the average person equipped with the training to identify it? Is it - even technically possible for a person (child or otherwise) to confide in another individual the intent to commit “psychological harm” to themselves? Can a child even ‘confide’ in a trusted adult their intention to commit psychological harm to themselves? And if that is possible – would it be something that should be reported?

If someone isn't sure if the information given to them does constitute harm is it safer to report it and betray confidence then risk it?

At what point exactly do parents need to be informed of their child's inner most thoughts and feelings and if the child has not shared that information - if someone must share it -  who is responsible for sharing it with the parent(s)?