A London High
court bench of three judges bench said in a landmark ruling that children (under
16) willing to undergo gender reassignment can only consent to having puberty
blockers if they are able to understand the treatment.
The High Court judges
asserted that the puberty blockers were a stepping stone to cross-sex hormones
and once on that pathway it is extremely rare for a child to get off it.
“It is highly
unlikely that a child aged 16 or under would be competent enough to give
consent to the administration of puberty blockers and weigh the long-term risks
and consequences of the administration of puberty blockers.” Court said
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The ruling came in
the heels of a claim brought by Keira Bell, a 23-year-old woman who began taking
puberty blockers at the age of 16 before detransitioning, and the unnamed
mother of a 15-year-old, who is on the waiting list for treatment
against the Tavistock and Portman NHS Trust.
Their motion
argued that children below the age of 16 are incapable of determining the
nature and repercussions of such drugs.
The judges, however, emphasized that they were only making a ruling on informed consent, not on whether puberty blockers were appropriate for treating children with gender dysphoria.
The Tavistock and
Portman NHS Trust on the other hand argued that taking puberty blockers, which
prevent the development of breasts, periods, facial hair or a deeper voice, and
cross-sex hormones is a stage based treatment and give youngsters time to consider their options, without the
stress of unwanted changes to their body.
The health experts
and clinicians however suggest that taking such drugs can cause some longer-term
effect on fertility, sexual function and bone density, although evidence is
limited.
After the
judgement, Bell who filed the motion in an attempt to protect the vulnerable
children said, “I’m delighted to see that common sense has prevailed.”
Meanwhile, the
lawyer for the other plaintiff claimed that there was a ‘culture of unreality’
at the Tavistock clinic, which has seen referrals jump from 1,408 in 2016 to
2,728 in 2020
“This may
have led to hundreds of children receiving this experimental treatment without
their properly informed consent,” he added
The Tavistock and
Portman NHS Trust, which is Britain’s only gender identity development service
for children found the verdict disappointing likely to cause anxiety to
patients and their families.
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Trans children’s
charity, ‘Mermaids’ on the other hand, called the judgment potentially
discriminatory and an ‘absolutely devastating blow’ for young people who had
benefited positively from hormone blockers.
“We believe
very strongly that every young person has the right to make their own decisions
about their body and that should not differ because somebody is trans,”
said Mermaids head of legal, policy and operations Lui Asquith.