Transgenderzorg aan kinderen: Juridische bedenkingen bij het Dutch Protocol (2018)

Translated title of the contribution: Transgender care for children : Legal concerns about the Dutch Protocol (2018)

JL Smeehuijzen, Jilles Smids, Coen Hoekstra

Research output: Contribution to JournalArticleAcademicpeer-review

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Abstract

In the Netherlands, care for children with gender dysphoria is based on the Dutch Protocol (2018). Usually, medical protocols are leading in the interpretation of the medical-professional standard. If a protocol is indeed to be leading, it must (i) be evidence-based, (ii) have a limited medical-ethical content and (iii) be established in an adequate process. In this article is substantiated that it is highly questionable whether the first requirement has been met. Nor are the second and third criteria met. In a series of European countries where the Dutch Protocol was initially followed in transgender care for children, the usability of the Dutch Protocol (2018) is reconsidered. The Dutch civil court should therefore not take the Dutch Protocol (2018) as a guideline should its application lead to liability issues.
Translated title of the contributionTransgender care for children : Legal concerns about the Dutch Protocol (2018)
Original languageDutch
Pages (from-to)2058-2069
Number of pages10
JournalNederlands Juristenblad
Volume1772
Issue number25
Early online date10 Jul 2023
Publication statusPublished - 13 Jul 2023

Keywords

  • Transgender care
  • Health care
  • Liability
  • Law
  • Dutch private law
  • Soft law
  • Medical professionalism

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