The Courier & Advertiser (Angus and Dundee)

Gender laws on the right path

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Sir, – There is a great deal wrong with Dr Stuart Waiton’s opposition to reform of the gender recognitio­n laws (Courier, November 15).

Dr Waiton says, “Eighteen year olds can do what they like with their bodies.”

Well (within certain limits) he is correct, but in Scots law the key age is 16, not 18.

We have full capacity at 16 by virtue of the Age of Legal Capacity (Sc) Act 1991, and so setting the age for gender change at 18 has always been absurd.

Dr Waiton also condemns the idea that a child who is under 18 but has sufficient maturity to understand complex medical or legal concepts might be able to speak to their parent, or a medical or social worker, or legal profession­al about changing their gender because, according to him, children between 12 and 18 “don’t have the ‘right’ to go to bed when they want, let alone anything else”.

Again this is simply not true.

The 1991 Act allows young people under 16 to make medical, contractua­l and other decisions provided they are of sufficient maturity and with protection­s built-in.

So, in respect of the ages at which people can make legally significan­t decisions, the proposed changes to the gender recognitio­n scheme are simply bringing the provisions into line with long-establishe­d, uncontrove­rsial law. Brian Dempsey. Lecturer,

School of Social Sciences, University of Dundee.

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