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The Bell judgment was over turned.
Case number: CO/60/2020Cite as: [2021] EWCA Civ 1363, [2022] 1 All ER 416, (2022) 183 BMLR 34, [2021] WLR(D) 490, [2022] 1 FLR 69, [2022] PTSR 544- http://www.bailii.org/ew/cases/EWCA/Civ/2021/1363.html
- https://www.judiciary.uk/wp-content/uploads/2022/07/Bell-v-Tavistock-judgment-170921.pdf
Added: 2 May, 2023Non-statutory guidance to assist trans students in Scottish schools.
This guidance has been developed from Supporting Transgender Young People which was developed and published by LGBT Youth Scotland in 2017. The guidance is therefore based on the experiences of transgender young people and good practice approaches suggested by school staff, and a wide range of professionals with expertise in the field of education and human rights.
Why is this guidance needed?
In terms of experiences of young people, research8 carried out with around 700 lesbian, gay, bisexual, transgender (LGBT) young people in Scotland showed that:
- 82% of transgender young people had experienced bullying in school on the grounds of being LGB or T
- 68% of trans young people who had experienced bullying said that it negatively affected their educational attainment
- Only 24% of LGBT young people would feel confident reporting transphobia in school
- 27% of trans young people left education as a result of homophobia, biphobia or transphobia9 in the learning environment
- https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2021/08/supporting-transgender-young-people-schools-guidance-scottish-schools/documents/supporting-transgender-pupils-schools-guidance-scottish-schools/supporting-transgender-pupils-schools-guidance-scottish-schools/govscot%3Adocument/supporting-transgender-pupils-schools-guidance-scottish-schools.pdf
- /post/uk/policies/schools/2021/scotland/supporting_trans_students/supporting-transgender-pupils-schools-guidance-scottish-schools.pdf
Added: 11 Apr, 2023EHRC intervention determined that Grainger V was satisfied in relation to "Gender Critical" beliefs and the potential of "Gender Critical" beliefs to harrass trans individuals is acceptable and should be respected by society providing they do not attempt to destroy the rights of trans persons, violating Grainger V and making it a belief in the same category as Nazism or totalitarianism.
Case number: UKEAT/0105/20/JOJCite as: [2022] ICR 1, [2021] IRLR 706, [2021] UKEAT 0105_20_1006A philosophical belief would only be excluded for failing to satisfy Grainger V if it was the kind of belief the expression of which would be akin to Nazism or totalitarianism and thereby liable to be excluded from the protection of rights [...]
The Claimant’s gender-critical beliefs, which were widely shared, and which did not seek to destroy the rights of trans persons, clearly did not fall into that category. The Claimant’s belief, whilst offensive to some, and notwithstanding its potential to result in the harassment of trans persons in some circumstances, fell within the protection under Article 9(1) [...]
(118)(b) This judgment does not mean that those with gender-critical beliefs can ‘misgender’ trans persons with impunity. The Claimant, like everyone else, will continue to be subject to the prohibitions on discrimination and harassment under the EqA. Whether or not conduct in a given situation does amount to harassment or discrimination within the meaning of EqA will be for a tribunal to determine in a given case.
(118)(c) This judgment does not mean that trans persons do not have the protections against discrimination and harassment conferred by the EqA. [...]
(118)(d) [...] Employers would be liable (subject to any defence under s.109(4), EqA) for acts of harassment and discrimination against trans persons committed in the course of employment.
Added: 11 Apr, 2023Authentic Equity Alliance C.I.C., R (On the Application Of) v Commission for Equality And Human Rights [2021] EWHC 1623 (Admin) (06 May 2021)
6 May, 2021 · 1 min read · ehrc gender recognition act gender reassignment protected characteristic ·The notion of a single-sex space is not a sufficient justification to ban trans individuals from those spaces.
An exemption does exist in the GRA and the GR protected characteristic which allows for legal discrimination against trans individuals in limited circumstances.
Case number: CO/4116/2020Cite as: [2021] EWHC 1623 (Admin)(5) The claimant has put forward a number of iterations of the alleged misstatement of the law, none of which is, in my judgment, arguable.
(9) The claimant's first proposition is, accordingly, unarguable.
(12) [...] The claimant's point in its Reply accordingly shows no arguable error of law.
(14) That is in my view an untenable view of the legislation. [...]
(28) For all these reasons I do not consider the claimant's case to be arguable and refuse permission to proceed on that ground.
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Added: 10 Apr, 2023Mental health outcomes are demonstrated to improve if a trans person is able to transition if they wish.
Cite as: Almazan AN, Keuroghlian AS. Association Between Gender-Affirming Surgeries and Mental Health Outcomes. JAMA Surg. 2021;156(7):611–618. doi:10.1001/jamasurg.2021.0952
Added: 10 Apr, 2023This Judgment has been overturned Based on the Bell ruling the High Court has ruled that children under the age of 16 are unlikely to be able to give informed consent to treatment with puberty blockers. The court also ruled that it is 'highly unlikely' that a child aged 13 or under would be competent to give consent to the administration of puberty blockers.
Case number: FD21P00063Cite as: (2021) 179 BMLR 139, [2021] EWHC 741 (Fam), [2021] Med LR 365
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Added: 2 May, 2023The guidance sets out to assist Parole Board members in achieving equality of outcome for prisoners who are transgender and to provide a definition of relevant terms and practical guidance for cases involving prisoners who are transgender.
Added: 10 Apr, 2023There is no evidence of ROGD and it forms part of a misinformation campaign that intends to stigmatise and limit access to evidence based care.
There are no sound empirical studies of ROGD and it has not been subjected to rigorous peer-review processes that are standard for clinical science. Further, there is no evidence that ROGD aligns with the lived experiences of transgender children and adolescents.
The proliferation of misinformation regarding ROGD is also infiltrating policy decisions.
Terms, such as ROGD, that further stigmatize and limit access to gender-affirming and evidence-based care violate the principles upon which CAAPS was founded and public trust in clinical science.
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Added: 11 Apr, 2023This Judgment has been overturned Keira Bell who is referred to as Quincy Bell through these legal proceedings, took the Tavistock GIDS service to court to argue that Gillick competance didn't apply to trans children and that the Tavistock GIDS service should not be allowed to prescribe puberty blockers to children under the age of 18. The court ruled in her favour and the Tavistock GIDS service was not allowed to prescribe puberty blockers to children under the age of 18.
Case number: CO/60/2020Cite as: [2021] PTSR 593, (2021) 177 BMLR 115, [2021] ACD 22, [2022] 1 FLR 30, [2020] EWHC 3274 (Admin), [2020] WLR(D) 655- http://www.bailii.org/ew/cases/EWHC/Admin/2020/3274.html
- https://www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf
Added: 2 May, 2023Difference between dysphoria and dysmorphia
Cite as: Mirabella, Marta, Guido Giovanardi, Alexandro Fortunato, Giulia Senofonte, Francesco Lombardo, Vittorio Lingiardi, and Anna Maria Speranza. 2020. "The Body I Live in. Perceptions and Meanings of Body Dissatisfaction in Young Transgender Adults: A Qualitative Study" Journal of Clinical Medicine 9, no. 11: 3733. https://doi.org/10.3390/jcm9113733Respondents indeed reported a high level of self-awareness concerning their body and their attempts to attack and alter it. This is surprising, considering that as literature points out cisgender subjects with eating disorders usually show a lack of self-awareness regarding their symptoms, or rather that they tend to deny having issues with eating and to “escape” from their negative view of themselves.
Added: 10 Apr, 2023