Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-fbnjt Total loading time: 0 Render date: 2024-11-02T18:53:05.651Z Has data issue: false hasContentIssue false

7 - Congruence of the Law with Medicine

Published online by Cambridge University Press:  04 October 2022

Steph Jowett
Affiliation:
Queensland University of Technology
Get access

Summary

In this chapter, the medical literature on treatment for trans youth is utilised as an evaluative lens through which to consider the soundness of the law in Australia, and in England and Wales. The historic and current legal frameworks are assessed with reference to the state of medical knowledge to identify points in time where the law was and was not congruent with medicine. The medico-legal analysis focuses predominantly on an assessment of congruency of law with medicine across three key themes: (1) the nature and purpose of treatment; (2) the effects of treatment; and (3) the risks and consequences of a wrong decision being made about treatment. While historically, findings in the case law have been incongruent with the medical literature, the current legal framework is significantly more congruent than in the past in Australia. The position in the England and Wales decision analysed is broadly incongruent with respect to current medical knowledge though it is noted to no longer be authoritative.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×