Minors are for sure empowered to consent to puberty blocker treatment
One of the most important debates about trans people is whether minors are empowered to consent to puberty blocker treatment. Well, if in the case of children under 12 years of age, the children have the last voice after being heard by their parents or legal representatives, and they understand what it means to have the capacity to act and give their informed consent. So what is the debate regarding the age to start using puberty blockers.
Let us also bear in mind that in each country and each autonomy or province, there is a different age to establish the age of informed consent.
According to Law 26/2015, of July 28, modifying the protection system for children and adolescents, the rules that govern minors are:
-Age less than 12 years: Consent is granted by the legal representative, usually the parents, after having heard the opinion of the minor. It is what is known by the name of assent.
-Between 12 and 16 years old: Consent is granted by the legal representative, after having the opinion of the minor based on her intellectual and emotional capacity, especially in situations where the risk to the minor's life is low .
- From the age of 16: "We would be in the so-called health majority and the subject is autonomous to make decisions without any other person having to intervene". But in those situations of serious health risk, it is necessary to have the legal representative of the minor. And this is the same for consenting or refusing treatment.
-In participation in clinical trials, assisted reproductive techniques, and organ extraction and transplantation, authorization requires that the subject has reached 18 years of age. Otherwise, her parents or guardians must intervene.
The debate that is taking place with respect to trans people is only due to transphobia, which marginalizes the individual due to their identity, marginalizes them by giving way to a denial about their own identity, when in reality this is not a matter of debate, nor on whether there is a disease or other reasons, since it is officially recognized that transsexuality is not a mental illness; as well as a debate and a denial about the age at which the blockers should begin to be used, when this should no longer be a debate because it is understood that the child's own decision must also be heard, because according to Law 26 / 2015, of July 28, modifying the child and adolescent protection system, the child's own opinion must be taken into account.
We demand a law that takes into account the decision of the minor and / or her legal guardians before the law. instead of waiting until the legal age of majority to decide on the use of puberty blockers.
-Emilio Fernandez (04/29/2021)
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