The rights of transgender children in South Africa to gender-affirming care in the form of puberty blockers
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Juta Law Journals
Abstract
The provision of gender-affirming care to transgender children has sparked significant discourse within medical, ethical, and legal realms. This contribution examines the evolving conceptualisations of children’s autonomy and decision-making capacity within the context of paediatric health care, with particular attention devoted to the unique challenges posed by gender dysphoria. It also investigates the legal landscape surrounding the rights of transgender children to access gender-affirming care. This contribution advocates for a rights-based approach that prioritises the autonomy and well-being of transgender children in the provision of gender-affirming care, while also acknowledging the complexities and ethical dilemmas inherent in navigating this terrain.
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Keywords
Medical decision-making, Transgender children, Puberty blockers, Best interests of the child
Sustainable Development Goals
SDG-03: Good health and well-being
SDG-10: Reduces inequalities
SDG-16: Peace,justice and strong institutions
SDG-10: Reduces inequalities
SDG-16: Peace,justice and strong institutions
Citation
Baird, S.B. 2024, 'The rights of transgender children in South Africa to gender-affirming care in the form of puberty blockers', Stellenbosch Law Review, vol. 35, part 3, pp. 238-256, doi : 10.47348/SLR/2024/i3a2.