Judicial Review on GIDS

This case is about trying to draw a near-invisible line in the sand about what healthcare can and should be offered to young people and what should be denied. This is an arbitrary distinction: a child can be informed of any consequences and be expected to fully consent to any other life-saving treatment where possible, but we’re expected to believe this is magically untrue of treatment around gender dysphoria. At the heart of this case lies a mission to run roughshod over the legal precedent of Gillick competence.

With waiting times creeping into the years, gatekeeping of options for young people with gender dysphoria – whether intentional or not – is already causing acute distress to a population who deserve and demand robust and proper care. If our response to young people in distress is to compound these feelings, we are failing them. These people know themselves, know their bodies and know what it right for them individually. Where there exists Gillick competence, they consent in the fullest terms, after several consultations with the NHS’s only service for them, to the treatment which is right for them. Some young trans and non-binary people may choose to take puberty blockers until a time where they can safely and legally access medication which may help them feel more congruent in their gender.

Either a young person can consent to their medical treatment when presented with all known information about that treatment, or they cannot. These are highly individualised conversations which cannot be reduced to simple talking points or a reductive rolling back of enshrined rights through the courts. If we were, as a society, to allow for children to be stripped of their agency when choosing what’s right for them, we set off a dangerous domino effect of others deciding what is and isn’t right for all of us. If this case is successful in removing Mrs A’s child’s right to consent to medical treatment, the line in the sand is removed: A loss to trans youth is a loss to all.

A huge leap for equality in Northern Ireland

Gendered Intelligence’s Policy lead, Cara English, grew up in Belfast, and reflects on what news laws on equal marriage and abortion in Northern Ireland mean to her and other LGBTQ people.

Time for Equality

Image from the Love Equality NI campaign

On the 21st October, the political parties in Northern Ireland failed to restart the Assembly (our devolved parliament), allowing for a cross-party Westminster bill on equal marriage and legalised abortion to come into place.

Despite certain Northern Ireland Assembly members’ last minute effort to sit in session and have the law fall at its final hurdle, the power-sharing agreement that is the bedrock of NI politics meant that – with Sinn Fein unwilling to act against its ostensible human rights agenda – Northern Ireland will soon have equal marriage and bodily autonomy laws.

This has been a very long time coming and as such it has been strangely difficult to navigate the apprehension and the jubilation. I decided to go home to celebrate, as I’d missed the chance to do so when the Republic of Ireland voted to equalise the law in 2015. When you grow up a little pudgy, working class child from the third most deprived constituency in the UK, you’re not expected to want for much. But the people of Northern Ireland wanted more, fought for more and got more.

As the countdown clock ticked down in Belfast’s gay village (more of a hamlet, really), everything felt electric, the start of something new. Apart from a flying, one-day visit, I hadn’t been home in years and wasn’t prepared for how much the city, and myself, had changed. North Belfast is a tough place to grow up as a queer person, so it seemed like a natural step for me to get out as soon as I could. But standing in the bar as the drag queen started shouting “ten! nine! ei—“, I felt a deep sense of awe at all of my queer siblings who had stayed, who had fought for a better Northern Ireland just by existing openly in a way I felt I couldn’t have. It makes me proud of the amazing organisations doing good work in Northern Ireland, such as Cara-FriendSAIL and our friends at TransgenderNI.

Now we will legally have equal marriage for same-sex couples and some of the least restrictive rights around bodily autonomy in Europe. This isn’t just a massive win for lesbian, bisexual, gay and queer people, but a win for women and others who can get pregnant which would have been unthinkable even just a few years ago.

Northern Ireland may still not have anything approaching the legal protections afforded to trans Britons under the Equality Act 2010, but we’re taking huge forward leaps. To the tireless campaigners who refused to kowtow to the push against their right to equality and to bodily autonomy, Gendered Intelligence stands in solidarity with you and wants to say – go raibh maith agat, thenks, thank you.