The same reasoning was previously used by the High Court, but according to its decision, on the contrary, these children who are considering gender reassignment are not able to give informed consent.
The whole case has been solved in Britain for almost a year. The High Court dealt with the lawsuit of the now 24-year-old Keira Bell, who began taking drugs blocking puberty at the age of 16.
Bell sued the Tavistock Clinic and the Portman NHS Foundation, which transitions children in Britain. She based her argument on the fact that she did not know what she was doing and the doctors should have opposed her more.
At the time, the High Court said it was unlikely that children under the age of 13 would be able to give informed consent and that children between the ages of 14 and 15 were unable to understand the long-term risks and consequences of puberty drugs.
However, the Court of Appeal ruled in favor of the Tavistock Clinic. “We are aware of the difficulties and complexity of this problem, but clinicians should trust their judgment and also know how important it is to obtain informed consent,” the judges said in a decision.
“The verdict confirms that it is up to doctors, not judges, to decide on the ability of children under the age of 16 to consent to treatment,” said Tavistock.
Bell said she was disappointed with the appellate court’s decision and would apply to the Supreme Court.