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THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL
This article outlines the Australian legal position relevant to minors and the commencement of hormone treatment for Gender Dysphoria (GD). It traces the significant Australian legal developments in this field and compares the Australian jurisprudence with recent English caselaw. In Quincy Bell and...
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Formato: | Online Artículo Texto |
Lenguaje: | English |
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Oxford University Press
2022
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Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969405/ https://www.ncbi.nlm.nih.gov/pubmed/35916645 http://dx.doi.org/10.1093/medlaw/fwac026 |
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author | Smith, Malcolm K |
author_facet | Smith, Malcolm K |
author_sort | Smith, Malcolm K |
collection | PubMed |
description | This article outlines the Australian legal position relevant to minors and the commencement of hormone treatment for Gender Dysphoria (GD). It traces the significant Australian legal developments in this field and compares the Australian jurisprudence with recent English caselaw. In Quincy Bell and Mrs A v The Tavistock and Portman NHS Foundation Trust and Ors, the English High Court held that minors below 16 years are not likely to have the requisite competency to lawfully consent to the commencement of puberty suppressing drugs. The Court of Appeal subsequently overturned this decision, but there are important aspects of the High Court’s reasoning that warrant further analysis, particularly some of the underlying reasoning about the nature of GD as a condition and its treatment. This article highlights several common themes when comparing the High Court’s reasoning in Bell with Australian jurisprudence and highlights how the Australian position has advanced significantly since the first Australian cases in this field were decided. This comparison shows that the Australian perspective is important in demonstrating how judicial views can advance over time alongside a deeper understanding of GD, its treatment, and the broader impact of a requirement to involve the court in such cases. It is concluded that the Australian perspective should be considered in future English cases. |
format | Online Article Text |
id | pubmed-9969405 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2022 |
publisher | Oxford University Press |
record_format | MEDLINE/PubMed |
spelling | pubmed-99694052023-02-28 THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL Smith, Malcolm K Med Law Rev Original Article This article outlines the Australian legal position relevant to minors and the commencement of hormone treatment for Gender Dysphoria (GD). It traces the significant Australian legal developments in this field and compares the Australian jurisprudence with recent English caselaw. In Quincy Bell and Mrs A v The Tavistock and Portman NHS Foundation Trust and Ors, the English High Court held that minors below 16 years are not likely to have the requisite competency to lawfully consent to the commencement of puberty suppressing drugs. The Court of Appeal subsequently overturned this decision, but there are important aspects of the High Court’s reasoning that warrant further analysis, particularly some of the underlying reasoning about the nature of GD as a condition and its treatment. This article highlights several common themes when comparing the High Court’s reasoning in Bell with Australian jurisprudence and highlights how the Australian position has advanced significantly since the first Australian cases in this field were decided. This comparison shows that the Australian perspective is important in demonstrating how judicial views can advance over time alongside a deeper understanding of GD, its treatment, and the broader impact of a requirement to involve the court in such cases. It is concluded that the Australian perspective should be considered in future English cases. Oxford University Press 2022-08-02 /pmc/articles/PMC9969405/ /pubmed/35916645 http://dx.doi.org/10.1093/medlaw/fwac026 Text en © The Author(s) 2022. Published by Oxford University Press. https://creativecommons.org/licenses/by/4.0/This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. |
spellingShingle | Original Article Smith, Malcolm K THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL |
title | THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL |
title_full | THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL |
title_fullStr | THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL |
title_full_unstemmed | THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL |
title_short | THE REQUIREMENT FOR TRANS AND GENDER DIVERSE YOUTH TO SEEK COURT APPROVAL FOR THE COMMENCEMENT OF HORMONE TREATMENT: A COMPARISON OF AUSTRALIAN JURISPRUDENCE WITH THE ENGLISH DECISION IN BELL |
title_sort | requirement for trans and gender diverse youth to seek court approval for the commencement of hormone treatment: a comparison of australian jurisprudence with the english decision in bell |
topic | Original Article |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9969405/ https://www.ncbi.nlm.nih.gov/pubmed/35916645 http://dx.doi.org/10.1093/medlaw/fwac026 |
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