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Gender Dysphoria in Children – ‘Gillick’ Competence & Best Interests

Transgender and gender dysphoria issues – and recognition, support, and assistance for transgender minors – is increasingly a political and ideological debate which ignores the needs of the people affected. In particular, the informed decision-making capacity of children who seek medical treatment for gender dysphoria has become a topic of controversy.

In this article we explore:

  • Gillick v West Norfolk and Wisbech Health Authority [1986] AC 112 – the seminal case in assessing the capacity of minors to give consent to invasive medical procedures, relevant to whether persons under 18 who seek treatment for gender dysphoria are competent to give their consent
  • Re Kelvin (2017) FamCAFC 258, and Re Imogen (No 6) (2020) FAMCA 761 – the leading Australian precedent surrounding the treatment of gender dysphoria in children
  • Bell v Tavistock [2020] EWHC 3274 – a recent administrative landmark decision by the UK High Court of Justice concerning the treatment of gender dysphoria in children

To find out more, read our article here (pdf, 210kb)