The rights and the responsibilities
Le respect des droits et des responsabilités en matière de santé et de bien-être constitue une responsabilité collective, partagée par l'ensemble des citoyennes et des citoyens québécois, le gouvernement et les divers acteurs de la vie collective.
Un ensemble d'organismes participe aussi à la protection et au respect de ces droits. Il s'agit notamment du Protecteur du citoyen, des commissaires locaux aux plaintes et à la qualité des services, des commissaires régionaux aux plaintes et à la qualité des services, des comités d'usagers, des comités de résidants, des groupes d'intervention en défense des droits en santé mentale, des centres d'assistance et d'accompagnement aux plaintes, de la Commission des droits de la personne et des droits de la jeunesse, du Curateur public, de la Commission d'accès à l'information, des ordres professionnels, des comités d'éthique clinique et de recherche, des organismes comme la Ligue des droits et libertés et le Conseil pour la protection des malades et d'autres organismes sans but lucratif regroupant des usagers ou leurs représentants.
Right to information
Right to inviolability of the person
Right to consent to care
Right to participate in decisions
Right to be accompagnied and assisted
Right to be represented
Right to accommodation
Right to file a complaint
Right to services
Right to services in their own language
Right of access to his file and privacy
Right to remedy
Right to life, security and integrity
Right to respect and dignity
- «Every person is entitled to be informed of the existence oh the health and social services and ressources available in his community and of the conditions governing access to such services and ressources.» (art. 4 LSSSS).
- «Before giving his consent to care concerning him, every user of health services and social services is entitled to be informed of his state of health and welfare and to be acquainted with the various options open to him and the risks and consequences generally associated with each option.» (art. 8 LSSSS).
«The user is also entitled to be informed, as soon as possible, of any accident having occurred during provision of services that has actual or potential consequences for the user's state of health or welfare and of the measures taken to correct the consequences suffered, is any, or to prevent such and accident from recurring.» (art. 8 al. 2 LSSSS).
- «" accident " : means an action or situation where a risk event occurs which has or could have consequences for the state of health or welfare of the user, a personnel member, a professional involved or a third person.» (art. 8 al. 2 LSSSS).
- «The executive director of the institution must foster the proper functioning of the user'scommittee and of any in-patients'committee and inform, in writing, every user of the existence of the committees.» (art. 211 LSSSS).
- «The user is entitled to be informed of the complaint examination procedure.» (art. 33 par. 2 LSSSS).
Right to inviolability of the person
L'usager a le droit à l'inviolabilité de sa personne et à la reconnaissance de son autonomie.
- « Every human being has a right to life, and to personal security, inviolability and freedom. He also possesses juridical personality. » (art. 1 Charte québécoise des droits et libertés de la personne).
- « Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person , and the right to the respect of his name, reputation and privacy. These rights are inalienable. » (art. 3 Code civil).
- « Every person is inviolable and is entitled to the integrity of his person. Except in cases provided for by law, no one may interfere with his person without his free and enlightened consent. » (art. 10 Code civil).
- « For the application of this Act, the following guidelines shall guide the management and provision of health services and social services : the user must be treated, in every intervention, with courtesy, fairness and understanding, and with respect for his dignity, autonomy, needs and safety.» (art. 3 par. 3 LSSSS).
En aucun cas, l'usager ne peut faire l'objet de représailles, de discrimination ou de contrainte
- « The commision shall promote and uphold, by every appropriate measure, the principles enunciated in this Charter. The responsibilities of the commission include, without being limited to, the following : to make an investigation into any act of reprisal or attempted reprisals and into any other act or omission which, in the opinion of the commission, constitutes an offence under this Charter, and report its findings to the Attorney General and to the Director of Criminal an Penal Prosecutions. » (art. 71 al. 9 Charte québécoise des droits et libertés de la personne).
- « No person shall take reprisals or attempt to take reprisals in any manner whatever against any person who makes or intends to make a complaint under section 34, 44, 45, 53 or 60. The person responsible for examining the complaint must intervene without delay upon being apprised of reprisals or of an attempt to take reprisals. » (art. 73 LSSSS).
L'usager a le droit de consentir aux soins qui lui sont prodigués pour tout examen, prélèvement, traitement ou pour toute autre intervention.
- « No person may be made to undergo care of any nature, whether for examination, specimen taking, removal of tissue, treatment or any other act, except with his consent.» (art. 11; code civil)
Le consentement doit être donné de façon libre et éclairée. Ce droit a pour prérequis le droit à l'information.
«Every person is inviolable and is entitled to the integrity of his person. Except in cases provided for by law, no one may interfere with his person without his free and enlightenend consent.» (art. 10 Code civil)
«Consent may be given only in a free and enlightened manner. It may be vitiated by error, fear or lesion.» ( art. 1399 Code civil)
En cas d'inaptitude, le consentement doit être donné par un tiers autorisé.
- « Consent to care or the authorization to provide care shall be given or refused by the user or, as the case may be, his representative or the court, in the circumstances and manner provided for in articles 10 and following of the Civil Code.» (art. 9 al. 2 LSSSS).
- « If the person concerned is incapable of giving or refusing his consent to care a person authorized by law or by mandate given in anticipation of his incapacity may do so in his place. » (art. 11 al. 2 Code civil).
- « Where it is ascertained that a person of full age is incapable of giving consent to care required by his or her state of health, consent is given by his or her madatary, tutor or curator. If the person of full age is not so represented, consent is given by his or her married, civil union or de facto spouse or, if the person has no spouse or his or her spouse is prevented from giving consent, it is giving by a close relative or a person who shows a special interest in the personof full age.» (art. 15 Code civil).
Consent to medical care is not required in case of emergency but...
- « Consent to medical care is not required in case of emergency if the life of the person is in danger or his integrity is threatened and his consent cannot be obtained in due time. It is required, however, where the care is unusual or has become useless or where its consequences could be intolerable for the person. » (art. 13 Code civil).
L'usager a le droit et même le devoir de participer à toute décision affectant son état de santé ou de bien-être.
- « For the application of this Act, the following guidelines shall guide the management and provision of health services and social services : the user must, as far as possible, play an active role in the care and services which concern him. » (art. 3 par. 4 LSSSS).
- «Every user is entitled to participate in any decision affecting his state of healt or welfare. He is entitled, in particular, to participate in the development of his intervention plan or individualized service plan where such plans are required under sections 102 and 103. The same applies to any modification made to such plans. » (art. 10 LSSSS).
- « Each institution must develop for users of a class determined by regulation under paragraph 27 of section 505, to the extent prescribed therein, an intervention plan in order to identify the needs of the user, the objectives pursued, the means to be used and the estimated period during which services are to be provided to the user by the various resources of the institution that are involved» (art. 102 LSSSS).
- « Where a user of a class determined by regulation under paragraph 27 of section 505 is to receive over an extended period health and social services which require, in addition to the participation of an institution, that of other resources, the institution which provides the greater part of the services involved or the resource designated jointly by the resources concerned must, as soon as possible, develop an individualized service plan for the user.» (art. 103 LSSSS).
- «Each of the plans referred to in section 102 and 103, respectively, must be developed with the participation of the user as provided in section 10. Each plan must contain a timetable for assessment and review. A plan may, however, be modified at any time to take account of new circumstances.» (art. 104 LSSSS)
- « Every user is entitled to be accompanied and assisted by the person of his choice when he wishes to obtain information or take steps in relation to any service provided by an institution or on its behalf or by any professional practising in a center operated by the institution. » (art. 11 LSSSS).
- « Les droits reconnus à toute personne dans la présente loi peuvent être exercés par un représentant.
- « The rights of any person which are recognized under the Act may be exercised by a representative. » (art. 12 1er al. LSSSS).
Dans le cas d'un majeur inapte, ce sera le mandataire, le curateur, le tuteur, le conjoint, un proche ou toute personne qui démontre un intérêt particulier pour l'usager.
« The following persons are presumed to be representatives, according to the circumstances and subject to the priorities provided for in the Civil Code :
1. the holder of parental authority of a user who is a minor of the user's tutor;
2. the curator, tutor, spouse or close relative of a user of full age under legal incapacity;
3. an authorized person mandated by the incapable user of full age before his incapacity;
4. a person proving that he has a special interest in the user of full age under legal incapacity.
- « Where it is ascertained that a person of full age is incapable of giving consent to care required by his or her state of health, consent is given by his or her madatary, tutor or curator. If the person of full age is not so represented, consent is given by his or her married, civil union or de facto spouse or, if the person has no spouse or his or her spouse is prevented from giving consent, it is given by a close relative or a person who shows a special interest in the person of full age. » (art. 15 Code civil).
Toutes les décisions doivent se prendre dans le meilleur intérêt de l'usager ainsi représenté.
- « A person who gives his consent to or refuses care for another person is bound to act in the sole interest of that person, taking into account, as far as possible, any wishes the latter may have expressed. If he gives his consent, he shall ensure that the care is beneficial not with standing the gravity and permanence of certain of its effects, that it is advisable in the circumstances and that the risks incurred ar not disproportionate to the anticipated benefit.» (art. 12 Civil Code)
- « No institution may cease to lodge a user who has been discharged unless his condition allows his return home or his integration into a home, or unless his admission to another institution or any of its intermediate resources or to a family-type resource is assured and the services required by his condition will be provided to him by such institution or resource. Subject to the first paragraph, a user must leave the institution where he is an in-patient immediately upon being discharged in accordance with the provisions of the regulation made under paragraph 28 of section 505. (art. 14 LSSSS)
L'usager a le droit de porter plainte :
- Auprès des différentes instances;
- Sur les services qu'il a reçus ou aurait dû recevoir;
- Sur des problèmes d'ordre administratif ou organisationnel.
À cet effet, il a le droit d'être assisté et accompagné.
- «The complaint examination procedure must enable a user to address a verbal or written complaint to the local service quality commissioner regarding the health services or social services the user receive, ought to have received, is receiving or requires from the institution, an intermediary or family-type resource or any other organization, partnership or person to which or whom the institution has recourse, in particular by an agreement under section 108 or 108.1, for the provision of those services, except in the case of a complaint concerning a physician, dentist of pharmacist, or a resident, who practises with such an organization, partnership of person.» (art. 34 LSSSS)
- «The procedure must also allow the heirs or the legal representatives of a deceased user to make a complaint regarding the services the user received or ought to have received.» (art. 34 LSSSS)
- « Every person is entitled to receive, with continuity and in a personalized and safe manner, health services and social services which are scientifically, humanly and socially appropriate.» (art. 5 LSSSS)
- « The function of institutions is to ensure the provision of safe, cotinuous and accessible quality health or social services which respect the rights and spiritual needs of individuals and which aim at reducing of solving health and welfare problems and responding to the needs of the various population groups. To that end, institutions must manage their human, material, information, technological and financial resources effectively and efficiently and cooperate with other key players, including community organizations, to act on health and social determinants and improve the supply of services to the public. In addition, a local authority must elicit and facilitate such cooperation.» (art. 100 LSSSS)
L'établissement doit référer l'usager à une ressource qui offre les services dont l'usager a besoin s'il ne peut lui-même les dispenser.
« Every institution must, in particular :
- receive any person requiring services and assess his needs;
- dispense the required health or social services directly, or have them provided by an institution, body or person with which of with whom it has entered into a service agreement under section 108;
- ensure that its services are provided in continuity and complementarity with those provided by the other institutions and resources of the region, and that such services are organized in a way that reflects the needs of the population it serves;
- refer persons to whom it cannot provide certain services to another institution or body or to another person that provides them. » (art. 101 LSSSS)
L'usager a le droit de choisir le professionnel et l'établissement qu'il fréquente.
- « Every person is entitled to choose the professional or the institution from whom or which he wishes to receive health services or social services. Nothing in this Act shall restrict the freedom of a professional to accept or refuse to treat a person. » (art. 6 LSSSS)
Le professionnel peut accepter ou refuser, mais il ne peut refuser en cas d'urgence.
L'usager a le droit de recevoir des soins en cas d'urgence. Ce droit a préséance sur celui du professionnel de refuser de soigner.
- « Every human being whose life is in peril has a right to assistance. Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason.» (art. 2 Charte québécoise des droits et libertés de la personne)
L'usager doit utiliser les services de façon judicieuse.
- « For the application of this Act, the following guidelines shall guide the management and provision of health services and social services : the user must be encouraged, through the provision of adequate information, to use services in a judicious manner.» (art 3 par 5 LSSSS)
Ce droit s'exerce en tenant compte des ressources disponibles.
- « The right to health services and social services and the right to choose a professional and the institution as provided in section 5 and 6 shall be exercised within the framework of the legislative and regulatory provisions relating to the organizational and operational structure of the institution and within the limits of the human, material and financial resources at its disposal. » (art. 13 LSSSS)
L'usager non francophone a le droit de recevoir des services dans sa langue, en tenant compte des ressources disponibles et selon le programme d'accès gouvernemental.
- « In order to permit these objectives to be achieved, this Act establishes an organizational structure of human, material and financial resources designed : to foster, to the extent allowed by the resources, access to health services and social services in their own languages for the members of the various cultural communities of Québec. » (art. 2 par. 7 LSSSS)
- « English-speaking persons are entitled to receive health services and social services in the English language, in keeping with the organizational structure and human, material and financial resources of the institutions providing such services and tothe extend provided by an access program referred to in section 348. » (art. 15 LSSSS)
L'usager de 14 ans et plus a droit d'accès à son dossier dans les plus brefs délais.
- «Every user 14 years old of age or over has right of access to his record. However, the institution may deny him access to it temporarily if, on the advice of his attending physician designated by the executive director of the institution, communication of the record or any part thereof would likely be seriously prejudicial to the user's health. In that case, the institution, on the recommendation of the physician, shall determine the time at which the record or the part thereof to which access has been denied can be communicated to the user, and notify him thereof. » (art. 17 LSSSS)
- « The institution shall give the user access to his record as soon as possible. The same applies to the persons referred to in sections 21 to 23.» (art. 26 LSSSS)
Son dossier est confidentiel.
- « The record of a user is confidential and no person may have access to it except with the consent of the user or the person qualified to give consent on his behalf. Information contained in a user's record may, however, be communicated without the user's consent : on the order of a court or a coroner in the exercise of the functions of office ; for the purposes of the Public Health Act (Chapter S-2.2). » (art. 19 par. 1 et 9 LSSSS)
Il a droit à l'assistance d'un professionnel pour en comprendre le contenu.
- « Where an institution provides a user with information of a medical or social nature concerning him that is contained in his record, it shall, at the request of the user, provide him with the assistance of a qualified professional to help him to understand the information. The same applies to the holder of parental authority, the tutor, the curator, the mandatary or any person who may give consent to care on behalf of a user.» (art. 25 LSSSS)
Il a le droit de faire transférer son dossier.
- « At the request of a user, an institution must send a copy or summary of, or an extract from, the user's record as soon as possible to another institution or to a professional. However, where the request of the user is made for study, teaching or research purposes, the institution may require consent in writing as provided for in section 19.1. » (art. 24 LSSSS)
Le professionnel peut refuser l'accès à l'usager s'il considère que cela lui causerait un préjudice grave.
- « Every person who establishes a file on another person shall have a serious and legitimate reason for doing so. He may gather only information which is relevant to the stated objective of the file, and may not, without the consent of the person concerned or authorization by law, communicate such information to third persons or use ot for purposes that are inconscistent with the purposes for which the file was established. In addition, he may not, when establishing or using the file, otherwise invade the privacy or damage the reputation of the person concerned.» (art. 37 Code civil)
- « Except as otherwise provided by law, any person may, free of charge, examine and cause the rectification of a file kept on him by another person with a view to making a decision in his regard or to informing a third person; he may also cause a copy of it to be made at reasonable cost. The information contained in the file shall be made accessible in an intelligible transcript. » (art. 38 Code civil)
- « A person keeping a file on a person may not deny him access to the information contained therein unless he has a serious and legitimate reason for doing so or unless the information is of nature that may seriously prejudice a third person. » (art. 39 Code civil)
- « Every person may cause information which is contained in a file concerning him and which is inaccurate, incomplete or equivocal to be rectified ; he may also cause obsolete information or information not justified by the purpose of the file to be deleted, or deposit his written comments in the file. Notice of the rectification is given without delay to every person having received the information in the preceding six months and, where applicable, to the person who provided that information. The same rule applies to an application for rectification, if it is contested.» (art. 40 Code civil)
- « Where the law does not provide the conditions and modalities of exercise of the right of examination or rectification of a file, the court, upon application, determines them. Similary, if it becomes difficult to exercise those rights, the court, upon application, settles the difficulty.» (art. 41 Code Civil)
L'usager a le droit d'exercer un recours pour toute faute professionnelle ou autre. Il peut exercer son recours contre :
- Un établissement;
- Les professionnels;
- Les résidents en médecine;
- Les administrateurs;
- Les employés et les externes en médecine.
Un tel recours ne peut faire l'objet d'une renonciation
- « Nothing in this Act restrickts the right of a person or his seccessors to pursue a remedy against an institution, is director, employees or servants or a professional by reason of a professional or other fault. In no case may such remedy be waived. The same applies to the right to pursue a remedy against a family-type resource.» (art. 16 LSSSS)
- « Every person has a duty to abide by the rules of conduct which lie upon him according to the circumstances, usage or law, so as not to cause injury to another. Where he is endowed with reason and fails in this duty, he is responsible for any injury he causes to another person by such fault and is liable to reparation for the injury, whether it be bodily, moral or material in nature. He is also liable, in certain cases, to reparation for injury caused to another by the act or fault of another person or by the act of things in his custody.» (art. 1457 Code Civil)
- « Every person has a duty to honour his contractual undertakings. Where he fails in this duty, he is liable for any bodily, moral ord material injury; neither he nor the other party may in such a case avoid the rules governing contractual liability by opting for rules that would be more favourable to them.» (art. 1458 Code civil)
L'usager a le droit de recevoir les soins que requiert son état de santé.
- « A person's home is inviolable. » (art. 7 Charte canadienne des droits et libertés)
- « Every human being has a right to life, and to personal security, inviolability and freedom. He also possesses juridical personality. » (art. 1 Charte québécoise des droits et libertés de la personne)
- « Every person whose life or bodily integrity is endangered is entitled to receive the care required by his condition. Every institution shall, where requested, ensure that such care is provided.» (art. 7 LSSSS)
- « Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy. These rights are inalienable. (art. 3 Code civil)
L'usager a droit au respect et à la dignité de sa personne.
- « Every person has a right to the safeguard of his dignity, honour and reputation. » (art. 4 Charte québécoise des droits et libertés de la personne)
- « For the application of this Act, the following guidelines shall guide the management and provision of health services and social services : respect for the user and recognition of his rights and freedoms must inspire every act performed in his regard; the user must be treated, in every intervention, with courtesy, fairness and understanding, and with respect for his dignity, autonomy, needs and safety.» (art. 3 al. 2 et 3 LSSSS)
- « The function of institutions is to ensure the provision of safe, continuous and accessible quality health or social services which respect the rights and spiritual needs of individuals and which aim at reducing or solving health and welfare problems and responding to the needs of the various population groups. » (art. 100 LSSSS)
L'usager doit être considéré comme une personne à part entière ayant des besoins physiques, psychologiques, spirituels et sociaux, sans égard à son statut et à son sexe.
- « Every person is the possessor of the fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association. » (art. 3 Charte québécoise des droits et libertés de la personne)
- « Every person has a right to full and equalt recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap. Discrimination exists where such a distinction, exclusion of preference has the effect of nullifying or impairing such right.» (art. 10 Charte québécoise des droits et libertés de la personne)
- Every person is entitled to receive, with continuity and in a personalized and safe manner health services and social services which are scientifically, humanly and socially appropriate. » (art. 5 LSSSS)
Il ne doit pas faire l'objet de représailles.
- The commission shall promote and uphold, by every appropriate measure, the principles enunciated in this Charter. The responsabilities of the commision include, without being limited to, the following : to make an investigation into any act of reprisal or attempted reprisals and into any other act or omisson which, in the opinion of the commission, constitutes an offence under the Charter, and report its findings to the Attorney General and to the Director of Criminal and Penal Prosecutions.» (art. 71 al. 9 Charte québécoise des droits et libertés de la personne)
- « No person shall take reprisals or attempt to take reprisals in any manner whatever against any person who makes or intends to make a complaint under section 34, 44, 45, 53 or 60. The person responsible for examining the complaint must intervene without delay upon being apprised of reprisals or of an attemps to take reprisals.» (art. 73 LSSSS)
La santé et le bien-être requièrent un engagement collectif et constant.
Les valeurs, les lois et les normes en ce domaine induisent de nombreuses responsabilités qui visent à protéger tant l'intérêt personnel que l'intérêt public.
Les individus et les familles, dont la volonté et la capacité d'agir sont liées à leur situation particulière doivent être sensibilisés aux responsabilités suivantes :
- Chercher à maintenir et à améliorer leur état de santé et de bien-être;
- Prendre la parole et participer aux différentes étapes de prises de décision concernant leur état de santé et leur bien-être;
- Demeurer vigilants face aux conséquences des actions envisagées en matière de santé et de bien-être;
- Participer dans la mesure du possible aux soins et aux services les concernant;
- Utiliser les services de façon judicieuse, sur la base d'une information adéquate et accessible.