The 12 users’ rights
As users of the health and social services network, we have rights recognized by the Act respecting the governance of the health and social services system (LGSSSS). The LGSSSS draws on fundamental rights to define users’ rights. These rights must be exercised judiciously and with respect for other users who have the same rights. The rights recognized to every person may be exercised by a representative.
The LGSSSS, 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 Québec Charter of Human Rights and Freedoms sets out the fundamental rights of the person, including:
- the right to life and to personal integrity;
- the right to the safeguard of one’s dignity;
- the right to respect for one’s private life;
- the right to professional secrecy;
- the right to integrity and inviolability;
- the right to equality.
The Act respecting end-of-life care provides for access to palliative care, the right to medical aid in dying and the possibility of making advance medical directives. The Civil Code of Québec also provides for rights.
Fundamental rights apply everywhere, including in health and social services 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 in particular by the users and in-patients committees of each health and social services facility.
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1 - The right to information
This is the right to be informed about one’s physical and mental health, and about possible treatments, along with their risks and consequences. It is also the right to be informed about the services available in one’s community and how to obtain them.
LGSSSS, sections 7 and 11
2 - The right to services
This is the right to receive the care and services one needs, such as examinations, samples, care, treatments 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 one’s state of health.
LGSSSS, sections 8 and 16
3 - The right to choose a professional or a facility
This is the right to choose one’s professional. It is 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.
Users have the right to receive these services in person
LGSSSS, sections 9 and 16
4 - The right to receive the care that one’s condition requires
This is the right to receive the care 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 are authorized to provide it, unless there is an indication to the contrary.
LGSSSS, section 10
5 - The right to consent to or refuse care
This is the right to say yes or say no to care, treatments and examinations. No one may be subjected to treatment without their consent. Professionals are required to provide clear and complete information so that the user can make a fully informed decision. When the user is incapable or unfit, consent may be obtained from another person on their behalf, in accordance with the provisions of the law.
LGSSSS, section 12
6 - The right to participate in decision-making
This is the right to participate in any decision that may affect one’s state of health or mental and physical well-being, and to take part in developing and modifying the proposed intervention plan.
LGSSSS, section 13
7 - The right to be accompanied, assisted, and represented
This is the right to be accompanied or assisted by a person during appointments or while 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 unfit or incapable.
LGSSSS, section 14
8 - 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 is secured for them.
LGSSSS, section 17
9 - The right to receive services in English
This is the right of English-speaking users to be communicated with in English when they receive services.
LGSSSS, section 18
10 - 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 to understand the information provided.
LRSSS, sections 5 to 15, sections 17 to 31 and Division V
11 - The right to confidentiality of user files
This is the user’s right to require that the information recorded in their medical file never be 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.
LRSSS, sections 5 to 15 and sections 32 to 37
12 - The right to complain
This is the right to file a complaint when one is dissatisfied with services. The complaint is addressed to the facility’s complaints and service quality commissioner. The purpose of this mechanism is to improve the quality of services, with user dissatisfaction seen as a positive contribution to that goal.
LGSSSS, sections 671, 672, 673