CEO Emma Dalmayne attended a meeting today regarding the Lampard Inquiry at the Department of Health and Social Care. She took the opportunity to hand over a letter by David Gray-Hammond and the AIM Rainbow Board. Video here: https://youtube.com/shorts/QJrmWF1rfxI?si=DN4S8Yb_p8OXLrhL
'Statement of Intent to Take Action
Regarding The Recent Ban on
Puberty Blockers for Transgender
Minors.
My name is David Gray-Hammond. I am an Independent Advocate instructed by the
signatories of this open statement. I am also a member of the Autistic and LGBTQIA+ community in the United Kingdom.
It is our intent as professionals and
activists to take action to reverse the decision to ban the use of puberty blockers inminors experiencing gender dysphoria or being of a transgender identity.
The autistic community widely and with great indignation condemns the recent ban on puberty blockers for transgender youth and demand its immediate reversal.
This discriminatory policy will have life threatening consequences for the mental health and wellbeing of trans youth, leading to increased distress, depression, and
suicidality.
The World Health Organisation (WHO) defines health as a state of complete physical, mental, and social wellbeing, and not just the absence of disease. It is our conclusion from this that puberty blockers are a form of healthcare, given their ability to improve the overall wellbeing of transgender youth. Further to this the Health and Social Care Act 2012 established parity of esteem creating a legislative basis for the equal importance of mental health and physical health.
In this regard, the use of puberty blockers can broadly be seen as an important tool for upholding the legal obligations set forth within the act.
Puberty blockers are tried and tested medical interventions that have been safely used for many years. They provide trans and gender-diverse youth with the time and
space to explore their identities and make informed decisions about their futures.
It is the position of the undersigned that denying access to this essential care is a direct
attack on bodily autonomy and the principles of informed consent, and also constitutes denial of access to health care for a minority group Section 4 of the Health and Social Care Act 2012 states the following:
In exercising functions in relation to the health service, the Secretary of State must have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.
It is our opinion that the decision to enact this ban directly increases inequality in the
benefits that transgender and gender-diverse youth can obtain from health services.
Further to this it is our opinion that the ban on puberty blockers contravenes international law as set forth by the United Nations, to which the United Kingdom is a
party.
The specific contravention follow:
UN Convention on The Rights of The Child
Article 8
1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.
The UNCRC does not provide an exhaustive list of what constitutes a child’s identity,
and it is reasonable to assert that a child’s perceived gender and lived experience of
that gender constitutes a part of their identity.
In respect of this, denial of gender-
affirming healthcare in any form goes against UNCRC Article 8.
Article 24
1. States Parties recognize the right of the child to the enjoyment of the
highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no
child is deprived of his or her right of access to such health care services.
2. States Parties shall pursue full implementation of this right and, in
particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(
b) To ensure the provision of necessary medical assistance and health care
to all children with emphasis on the development of primary health care;
Rew et al (2021) found via critical review of academic literature that it was likely that
appropriate access to puberty blocking medication reduces suicidality.
We infer from this that HM Government directly fails to achieve points 2(a)- to diminish child
mortality, and 2(b) to ensure the provision of necessary healthcare and medical
assistance.
Universal Declaration of Human Right (United Nations)
Article 7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to
such discrimination.
Given that the ban on puberty blockers has only been applied to transgender and
gender-diverse youth, it is out opinion that HM Government has failed to protect this
group against discrimination and incitement to discrimination.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free
development of his personality.
This ban prevents transgender and gender-diverse youth from having dignity and
free development of their personality by the suppression of social and cultural rights,
We therefore assert the HM Government has failed to uphold Article 22.
Article 25
1. Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
It is our opinion that on point (1) the ban on puberty blockers constitutes an
obstruction to the standard of living adequate for the health and wellbeing of transgender and gender-diverse youth and on point (2) that this constitutes a failure to afford the special care and assistance entitled in childhood.
The ban on puberty blockers disproportionately impacts Autistic individuals, who are significantly more likely to be transgender. Autistic youth already face heightened
risks of suicide, and this policy will exacerbate these vulnerabilities.
The government's promises of mental health support ring hollow, as the mental health services offered by the NHS are often inaccessible and ineffective for Autistic individuals, further complicated by the current governments commitment to restrict
healthcare for transgender youth.
Furthermore, the ban on puberty blockers exposes the hypocrisy and ableism inherent in the current system. While transgender youth are denied access to this crucial intervention, Autistic people and people with learning disabilities are routinely given puberty blockers without their consent, based on the wished and judgements of carers and professionals who exercise their power over those who are perceived to be of lower social standing.
When considering the experience of transgender and gender-diverse Autistic youth
in particular, we refer you to the UN Convention on The Rights of Persons With
Disabilities:
UNCRPD
Article 5
3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
It is our opinion that this is failed on two parts. In the first instance, the high proportion of transgender youth in Autistic populations mean that discrimination against one is de facto discrimination against the other. In the second part; the UN defined disability as being the result of the interaction between a person and his environment. Failure to address gender dysphoria through safe and effective methods such as puberty blockers constitutes the creation and proliferation of disability, and the subsequent discrimination against such embodiment.
Article 7
1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
The ban on puberty blockers amounts to the effective denial of human rights to children with disabilities by HM Government.
The Autistic community stands in solidarity with the transgender community in
demanding the reversal of this harmful ban. We call on the government to listen to the voices of those most affected and to prioritize the health and wellbeing of all young people.
With all of this in consideration, we demand the immediate reversal of the aforementioned ban, Should HM Government fail to do this, it is our intention to take escalatory action via legal methods and channels to have this reversal enacted.
Signed,
David Gray-Hammond
Independent Advocate
Author of The New Normal: Autistic musings on the threat of a broken society
Autistic and LGBTQIA+ Individual
Erin Ekins
Queer Autistic writer and speaker
Author of Queerly Autistic: The Ultimate Guide for LGBTQIA+ Teens on the
Spectrum
Bobbi Elman
Parent of a trans daughter & AuDHD [Autistic + ADHD] Coach
Educator of the Autistic experience
Katie Munday, MRes
Autistic and LGBTQIA advocate
Community researcher
Sab Samuel / Aida H Dee
Director of Drag Queen Story Hour UK'.
Wes Streeting Promises to respond to our open statement on the Puberty Blocker Ban in the UK.
Please sign the letter here:
Comments