Category: transgender persons

Treating children for gender dysphoria: Bell v Tavistock & Portman NHS Trust – Law & Religion UK

Posted October 12th, 2021 in children, consent, hospitals, judicial review, medical treatment, news, transgender persons by sally

‘Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 has little, ostensibly, to do with “religion”, but relates to an issue which some would feel had moral and social dimensions – the treatment of children for gender dysphoria, defined by the Court of Appeal as “a complex condition that occurs in both children and adults. It involves, in the simplest terms, a strong desire to be and to be treated as being of the gender other than their natal sex at birth. Those diagnosed with it suffer associated significant distress or impairment in function. A range of clinical interventions may be prescribed”.’

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Law & Religion UK, 11th October 2021

Source: lawandreligionuk.com

Human rights lawyers call on UK government to ban ‘conversion therapy’ – The Guardian

Posted October 1st, 2021 in barristers, gender, homosexuality, human rights, legal profession, news, sexual orientation discrimination, transgender persons by tracey

‘Leading human rights lawyers and experts have called for swift action to outlaw so-called conversion therapy, which they say is degrading and harmful, and should not be tolerated in a civilised society.’

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The Guardian, 1st October 2021

Source: www.theguardian.com

New guidelines for transgender participation unveiled by UK sports councils – The Guardian

Posted September 30th, 2021 in news, sport, transgender persons by sally

‘Trans women retain physique, stamina and strength advantages when competing in female sport, even when they reduce their testosterone levels, new guidelines for transgender participation in national and grassroots sport published by the UK sports councils will say on Thursday.’

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The Guardian, 29th September 2021

Source: www.theguardian.com

Council Of Europe Criticises UK’s Treatment Of Transgender People – Each Other

Posted September 30th, 2021 in belief discrimination, freedom of expression, human rights, news, transgender persons by sally

‘The Council of Europe has published a report, adopted by a committee of parliamentarians from across the continent, which condemns the UK’s treatment of transgender people.’

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Each Other, 29th September 2021

Source: eachother.org.uk

“Let the Doctors Decide” – UK Human Rights Blog

Posted September 27th, 2021 in children, consent, doctors, gender, human rights, medical treatment, news, transgender persons, young persons by sally

‘In Bell and A v Tavistock and Portman NHS Trust and others [2021] EWCA Civ 1363 the Court of Appeal advised judges to avoid formulating policy in an area of social and moral complexity.’

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UK Human Rights Blog, 27th September 2021

Source: ukhumanrightsblog.com

Conversion therapy delay frustrates campaigners – BBC News

Posted September 27th, 2021 in consultations, delay, equality, freedom of expression, gender, government departments, homosexuality, news, religious discrimination, sexual orientation discrimination, transgender persons by sally

‘A public consultation into a proposed ban on so-called conversion therapy has been delayed by at least a month, until possibly the end of October.’

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BBC News, 25th September 2021

Source: www.bbc.co.uk

Gillick competence, puberty-blockers and the Court of Appeal – Local Government Lawyer

Posted September 24th, 2021 in appeals, children, consent, gender, government departments, hospitals, judicial review, medical treatment, news, transgender persons, young persons by sally

‘Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Law and the Culture War – UK Human Rights Blog

Posted September 23rd, 2021 in belief discrimination, equality, gender, human rights, news, transgender persons by tracey

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

Law and the Culture War – UK Human Rights Blog

Posted September 22nd, 2021 in appeals, employment, employment tribunals, equality, freedom of expression, gender, harassment, human rights, news, transgender persons by sally

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

Ruling limiting under-16s puberty blockers overturned – BBC News

Posted September 17th, 2021 in children, consent, gender, medical treatment, news, transgender persons by tracey

‘Doctors can judge if under-16s can give informed consent to puberty blocker use, the Court of Appeal has ruled.’

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BBC News, 17th September 2021

Source: www.bbc.co.uk

NHS child gender identity clinic whistleblower wins tribunal – BBC News

Posted September 6th, 2021 in children, employment, employment tribunals, gender, hospitals, news, transgender persons, whistleblowers by tracey

‘A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.’

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BBC News, 5th September 2021

Source: www.bbc.co.uk

Striking the Balance – Carmelite Chambers

Posted August 26th, 2021 in judicial review, news, prisons, sex discrimination, transgender persons by sally

‘Criminal justice practitioners will be well versed on the difficulties overcrowding, gang affiliation and substance misuse pose to the safe management of prisons. However, as society gradually opens its eyes to the fluidity and diversity of gender the prison estate has been forced to confront a new challenge. In July 2019 “The Care and Management of Individuals who are Transgender” Policy (“the Care Management Policy”) was published.’

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Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

Trans women in female jails policy lawful, High Court rules – BBC News

Posted July 5th, 2021 in news, prisons, transgender persons, women by tracey

‘It is lawful for transgender women to be housed in female jails in England and Wales, the High Court has ruled.’

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BBC News, 3rd July 2021

Source: www.bbc.co.uk

Forstater v CGD Europe: when is a belief worthy of respect in a democratic society? – Parklane Plowden Chambers

Posted July 2nd, 2021 in appeals, chambers articles, employment, employment tribunals, freedom of expression, gender, human rights, news, transgender persons by sally

‘Choudhry J’s judgment in Maya Forstater v CGD Europe is well-reasoned and clear, and repays reading in full for anyone interested in the difficult interplay between the rights of those with conflicting protected characteristics.’

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Parklane Plowden Chambers, 29th June 2021

Source: www.parklaneplowden.co.uk

Maya Forstater v CGD Europe and Others – No. 5 Chambers

Posted June 24th, 2021 in belief discrimination, chambers articles, employment tribunals, news, transgender persons by sally

‘What does it mean for a belief to not be worthy of respect in a democratic society? In Maya Forstater v CGD Europe and Others UKEAT/0105/20/JOJ, the Employment Appeal Tribunal sought to answer this question.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

High court ruling on puberty blockers ‘based on partisan evidence’ – The Guardian

Posted June 24th, 2021 in children, consent, medical treatment, news, transgender persons by sally

‘A landmark judgment that children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs undermined their entitlement to make decisions for themselves and was based on “partisan expert evidence”, the court of appeal has heard.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

News Woman wins appeal against losing job for tweets about transgender people – The Independent

Posted June 11th, 2021 in appeals, employment, employment tribunals, equality, freedom of expression, gender, news, transgender persons, unfair dismissal by tracey

‘A woman who lost her job after tweeting that men cannot change their biological sex has won her appeal against an employment tribunal.’

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The Independent, 10th June 2021

Source: www.independent.co.uk

Bell v Tavistock and the Implications for Trans Children, Part 2: the Law after AB v CD and others – Family Law Week

Posted May 27th, 2021 in children, consent, medical treatment, news, parental responsibility, transgender persons by tracey

‘As set out in my previous article, the decision of the High Court in Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (“Bell v Tavistock”) arguably raised more questions than it answered for transitioning children and their families. The principal legal issue for the court to adjudicate in Bell v Tavistock was whether a child or young person under the age of 16 could achieve Gillick competence in respect of the decision to take puberty blockers [133]. The court specifically declined to address whether parents could consent to the use of puberty blockers on their child’s behalf, as this was not the Gender Identity Development Service’s (“GIDS”) policy; GIDS relied on consent of the child or young adult being treated.’

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Family Law Week, 24th May 2021

Source: www.familylawweek.co.uk

SRA and BSB change approaches to gender in diversity surveys – Legal Futures

Posted May 14th, 2021 in barristers, complaints, diversity, gender, news, solicitors, Solicitors Regulation Authority, transgender persons by tracey

‘Both the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) are this year changing their approach to recording the sex and gender of those they regulate, it has emerged.’

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Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

Cost of changing legal gender cut to less than £10 – BBC News

Posted April 8th, 2021 in birth certificates, fees, gender, marriage, news, transgender persons by sally

‘The £140 fee to apply for a gender recognition certificate will be cut to “single figures” from next month, according to government sources.’

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BBC News, 7th April 2021

Source: www.bbc.co.uk