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 contribution | Transgender care for children : Legal concerns about the Dutch Protocol (2018) |
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Original language | Dutch |
Pages (from-to) | 2058-2069 |
Number of pages | 10 |
Journal | Nederlands Juristenblad |
Volume | 1772 |
Issue number | 25 |
Early online date | 10 Jul 2023 |
Publication status | Published - 13 Jul 2023 |
Keywords
- Transgender care
- Health care
- Liability
- Law
- Dutch private law
- Soft law
- Medical professionalism