Book contents
- consent for medical treatment of trans youth
- Cambridge Bioethics and Law
- Consent for Medical Treatment of Trans Youth
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes
- 1 Introduction
- 2 Gender Diversity in Children and Adolescents
- 3 Medical Treatment for Trans Youth
- 4 Australian Law Governing Consent to Medical Treatment for Trans Youth
- 5 Law Governing Consent to Medical Treatment for Trans Youth in England and Wales
- 6 Comparison of the Law in England and Wales with Australia
- 7 Congruence of the Law with Medicine
- 8 Future Directions for Law Reform
- Index
- Cambridge Bioethics and Law
7 - Congruence of the Law with Medicine
Published online by Cambridge University Press: 04 October 2022
- consent for medical treatment of trans youth
- Cambridge Bioethics and Law
- Consent for Medical Treatment of Trans Youth
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes
- 1 Introduction
- 2 Gender Diversity in Children and Adolescents
- 3 Medical Treatment for Trans Youth
- 4 Australian Law Governing Consent to Medical Treatment for Trans Youth
- 5 Law Governing Consent to Medical Treatment for Trans Youth in England and Wales
- 6 Comparison of the Law in England and Wales with Australia
- 7 Congruence of the Law with Medicine
- 8 Future Directions for Law Reform
- Index
- Cambridge Bioethics and Law
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
- Consent for Medical Treatment of Trans Youth , pp. 169 - 201Publisher: Cambridge University PressPrint publication year: 2022