LET CHILDREN AGED 12 CHOOSE THEIR GENDER
Youngsters have right to change identity, says young people tsar
CHILDREN should be allowed to change the gender on their birth certificates from the age of 12, Scotland’s commissioner for young people has said.
And youngsters who believe they were born the wrong sex should be able to make the legal change without their parents’ approval.
The suggestion comes in response to a Scottish Government proposal that would make it easier for transgender people to change the sex on their birth certificate.
But critics have warned this would be a ‘failure’ in the duty of care towards children.
Currently, those who wish to change sex have to provide medical evidence that they have gender dysphoria and be 18 or over.
They must also have lived for two years in their acquired gender before applying for legal recognition, which entitles them to be issued with a new birth certificate.
But the Scottish Government has proposed removing these restrictions by introducing a ‘self-declaration system’ and lowering the minimum age to 16.
in response to its recent consultation on the issue, Scotland’s Children and Young
People’s Commissioner Bruce Adamson welcomed the proposals but said they should extend to those of the age of legal capacity, which is presumed to be 12 in some cases, such as making a will.
He added: ‘While this proposal increases the opportunity for transgender children to realise their rights, it is out of step with existing Scots law with regard to the recognition of capacity in children and young people, which more commonly presumes capacity from the age of 12 and provides children below that age the ability to exercise rights where they have capacity.
‘Scots law has a longstanding presumption that children have the capacity to instruct a solicitor and consent to medical treatment from the age of 12.’
Requiring parental consent would be ‘illogical’ because many youngsters would already be in the process of getting medical treatment and changing their name, which they can do without their parents’ permission.
Mr Adamson said yesterday: ‘Children have the right to identity, and recognition of who you are is an essential part of human dignity.
‘The law already permits children to change their gender if they have capacity to do so, and those who have gone through the process of transition have the right to have it officially recognised.’
The Scottish Government proposals were also backed by the City of Edinburgh Council, which said under-16s should be able to legally change their gender with parental consent. However if parents did not support the move, the child’s Named Person should be able to provide consent instead.
But a response from Christian Concern states: ‘The Scottish Government is to be rebuked for even proposing gender recognition for children under 16. Transgender activists are actively recruiting minors online via social media. This is grooming. The Scottish Government should not be colluding with such behaviour by lowering the age of gender recognition.’
Stephanie Davies-Arai, of parenting campaign group Transgender Trend, said: ‘This response from the Children’s Commissioner betrays a complete lack of understanding of adolescent identity development and the pressures on all non-conforming teenagers now to identify themselves as “transgender”. This response is a failure in duty of care.’
Annie Wells, Scottish Tory equalities spokesman, said: ‘Any decision taken by a child to undergo radical medical treatment must be consented to by a parent.’
A Scottish Government spokesman said: ‘Our consultation on reforming the Gender Recognition Act 2004 proposed a number of different options for legal gender recognition for under 16s and sought respondents’ views on those. The consultation closed in March and responses are currently being analysed.’ James Morton, of the Scottish Trans Alliance, said: ‘A small number of young trans people under 16 have the capacity, with parental support, to change the social gender role in which they live. This can improve their mental health and wellbeing.’
He added: ‘The Gender Recognition Act has nothing to do with medical treatment rules. Absolutely no changes are being proposed to the NHS rule that under 16s are not allowed any irreversible transgender medical treatments.’
‘A complete lack of understanding’