One of the principles upon which provision of puberty blockers to young trans people was made was Gillick competence – the law that says that young people over the age of 12 can be individually assessed by medical professionals to determine whether or not they’re competent to make medical decisions for themselves. This was hard fought for by feminist campaigners back in the 1980s and it led to the passing of the Age Of Legal Capacity Act in Scotland in 1991. It’s a principle of particular importance when it comes to reproductive healthcare, as it helps young people to access the services they need even if, for instance, they feel unsafe discussing them with their parents. As such, it helps to protect them from abuse and to get used to the idea that they have ownership of their bodies, which is important as they grow up and negotiate boundaries in romantic and social relationships.
By overriding Gillick competence where trans people are concerned, Streeting has created a risk that it will be ignored in other cases too. Perhaps we shouldn’t be surprised. He seems shaky on the concept of medical consent more generally, as demonstrated by his suggestion that obese unemployed people should be given the weight loss drug Ozempic to improve their health and get them back into work. Although his initial comments on this, which provoked a public outcry, were quickly followed by assurances that it would not be compulsory, concern remains about the vulnerability of people who depend on the state for support, especially those who are disabled, who make up a significant part of the obese population. Like most drugs, Ozempic has side effects and is not appropriate for everyone.
By Jennie Kermode
It has been clear for some time that this general election, when it came, would see Conservative politicians attempt to whip up a storm around sex and gender. Targeting poorly understood minorities is standard play for the party when it’s in trouble, and lately it has been drawing heavily on the tactics of the US evangelical right, which has found transphobia a useful tool through which to start radicalising people. Kemi Badenoch’s latest move, however, isn’t just transphobic – it’s unworkable.
Of course, the right has always hankered after the days when ‘men were real men and women were real women’. It’s not for nothing that Rishi Sunak chooses to pose on the exercise machines he rarely uses while Liz Truss prefers to sit beneath a tree in a walled garden wearing a dress that makes her look like something out of The Handmaid’s Tale. Faced with fictive claims about schools teaching there are 72 genders, and other such nonsense, one can understand why the average person might feel a bit confused and might long for the simplicity of the past. But sex was never simple. It just looks that way through a veil of ignorance – and when laws are based on ignorance, they don’t work.