Transgender Children’s Rights

Transgender Children’s Rights in Light of Bell v Tavistock and Portman NHSFoundation Trust (2020)

Emiko Seawright

Given the recent 2020 judgment in Bell v The Tavistock and Portman NHS Foundation Trust, the rights of transgender children and teenagers have been threatened. The decision to delay the availability of hormone treatment to the age of 17 can either be seen as protection against potential misjudgements or a violation of children’s right to an identity. The acceptance and nurturing of transgender identities in today’s society is a change that needed to be made. However, with acceptance comes challenge, and we are now facing a new wave of issues when it comes to the regulation of life-changing treatment for children. In this paper the judgment in the Bell case with be examined, and consideration made as to whether children with gender dysphoria are too immature and vulnerable to be able to make informed decisions about gender hormone treatment. The claim of this article is that the judgment in Bell was too restrictive, and that the already established framework in place by the NHS was enough to protect the best interests of young people.

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