Trans Rights: A detailed analysis of access to gender affirming treatments by minors and the differing approaches taken by Member States in the European Union

Abstract

In this paper the author will be discussing the varying approaches by Member States in the European Union regarding the rights of Minors to access/undertake gender affirming treatments. This paper shall have a particular focus on the varying approaches taken by the Republic of Ireland, United Kingdom and the Netherlands in minors having access to gender affirming treatments. The Netherlands has developed a protocol for gender affirming intervention which has been deemed to be the benchmark for providing treatment for minors suffering from gender dysphoria. The protocol developed by the Netherland vastly differs from other Member States such as the United Kingdom and Ireland. The basis for the differing views by such member states lies on the basis of health officials that intervention can be a detriment to minors instead of having a benefit. The varying approaches by Member States raises the question of what can be considered to be the appropriate approach to be undertaken in providing gender affirming treatment to minors and the lines that must be drawn between what can be considered in what is deemed to be providing minors with the right to receive appropriate care against what can be considered to be medical malpractice.