The 12 users’ rights
As users of the health and social services network, we have rights recognized by the Act Respecting Health Services and Social Services (Known in French as the Loi sur les services de santé et les services sociaux, which is also referred to by the acronym LSSSS). The LSSSS draws on fundamental rights to define the rights of users. These rights must be exercised judiciously and with respect for other users who have the same rights. Rights attributed to any individual may be exercised by a representative.
The health services and social services act, which provides for the rights of users, confers few legal obligations on them, in particular :
- users must, as far as possible, participate in the care and services that concern them;
- users must leave the facility providing residential services as soon as they are discharged.
Fundamental human rights
the Quebec Charter of Human Rights and Freedoms sets out fundamental human rights , including:
- The right to life and bodily integrity
- The right to safeguard one’s dignity
- The right to privacy
- The right to professional confidentiality
- The right to integrity and inviolability
- The right to equality
The Loi concernant les soins de fin de vie provides for access to palliative care, the right to medical assistance in dying and the possibility of drafting advance medical directives. The Civil Code of Quebec also provides for rights.
Fundamental rights apply everywhere, including in health and social service facilities. Fundamental human rights are defended by the Commission des droits de la personne et des droits de la jeunesse, while users' rights are defended by the users and in-patients committees of each health and social services facility.
More information
The right to information
This is the right to be informed about one’s state of physical and mental health and possible treatments as well as their risks and consequences. It’s also the right to be informed about the services available in one’s community and how to obtain them.
LSSSS, article 4
The right to services
This is the right to receive the care and services you need, such as examinations, samples, care, treatment or any other intervention. This right is limited by the resources available to facilities. Services must be of high quality, continuous, safe, personalized and adapted to the patient's health condition.
LSSSS, articles 5, 13 et 100
The right to choose a professional or a facility
This is the right to choosea professional. It’s also the right to choose the facility where one wishes to receive services. When a facility does not offer the required services, it accommodates the user as best it can.
LSSSS, articles 6 et 13
The right to receive the care that one’s condition requires
This is the right to receive the care that one’s state of health requires when one’s life is in danger. In an emergency, a person who is unable to give consent will still receive care. The facility’s staff is authorized to do so, unless there is an indication to the contrary.
LSSSS, article 7
The right to consent to or refuse medical care
This is the right to say yes or no to care, treatments, and examinations. No one can be subjected to treatment without their consent. Professionals have an obligation to provide clear and complete information so that the user can make decisions with full knowledge of the facts. When the user is incapable or incompetent, consent may be obtained from another person on their behalf, in accordance with the provisions of the law.
LSSSS, articles 8, 9 et 12
The right to participate in decision-making
This is the right to participate in any decisions that may affect one’s state of health or mental and physical well-being as well as to participate in the implementation and modification of the proposed care plan.
LSSSS, article 10
The right to be accompanied, assisted, and represented
This is the right to be be accompanied or assisted by someone during appointments or when receiving care, if the situation allows. The accompanying person does not dictate the services or treatments required. They are there to support the user, in particular by helping them obtain complete and clear information.It is also the right to be represented by a person of one’s choice when one is incapacitated or incapable.
LSSSS, articles 11 et 12
The right to accommodation
This is the user’s right to stay in the facility until their state of health allows them to return home or until a place in another facility has been secured.
LSSSS, article 14
The right to receive services in English
This is the right of English-speaking users to be communicated with in Englishwhen receiving services.
LSSSS, article 15
The right to access your user file
This is the user’s right to access their file (subject to certain conditions). This right also includes the possibility of being assisted by a professional in order to understand the information transmitted.
LSSSS, articles 17 à 28
The right to confidentiality of user files
This is the user’s right to demand that information contained in their medical record is never disclosed without their consent. A user’s file is confidential, and no one may have access to it without the consent of the user or a person authorized by the user.
LSSSS, article 19
The right to complain
This is the right to file a complaint if one is dissatisfied with the services received. The complaint is addressed to the facility’s complaints and service quality commissioner. The aim of this system is to improve the quality of services. User dissatisfaction is seen as a positive contribution to this end.
LSSSS, articles 34, 44, 53, 60 et 73