The legal basis of this reference framework is comprised primarily of the Charter of human rights and freedoms, the Civil Code of Québec and the Act respecting health services and social services. These contain provisions enshrining human rights, and in the case of the AHSSS, more specifically, user rights.
The fundamental human rights
The Charter of human rights and freedoms and the Civil Code of Québec set forth the fundamental human rights:
- The right to life and personal inviolability (s. 1, Charter) (a. 3, C.C.Q.).
- The right to the safeguard of one's dignity (s. 4, Charter).
- The right to the respect of one's privacy (s. 5, Charter) (a. 3, C.C.Q.).
- The right to the respect of one's name and reputation (s. 4, Charter) (a. 3, C.C.Q.).
- The right to non-disclosure of confidential information (s. 9, Charter).
- The right to the inviolability and integrity of one's person (aa. 3 and 10, C.C.Q.).
- The right to autonomy and self-determination (a. 11, C.C.Q.).
- The right to use their rights and freedoms without discrimination (s. 10, Charter).
- The right to protection against exploitation to old people and handicap person (s. 48, Charter).
- The right to assistance when one's life is in peril (s. 2, Charter) (a. 13, C.C.Q).
The Act respecting health services and social services
The AHSSS defines user rights at health institutions on the basis of these fundamental rights.
Section 1: Object of the Act
«The health services and social services plan established by this Act aims to maintain and improve the physical, mental and social capacity of persons to act in their community and to carry out the roles they intend to assume in a manner which is acceptable to themselves and to the groups to which they belong ".
Source : Reference Framework for Exercising the Functions Assumed by Members of User's Committees and In-Patients' Committees, Direction des communications du ministère de la Santé et des Services sociaux, 2018