The bill: prohibits health practitioners from performing gender clinical interventions intended to transition a minor’s biological sex, subject to limited exemptions; and prohibits the Commonwealth from entering into arrangements involving the expenditure or payment of money that provides or facilitates the provision of such a procedure or treatment.
The intention of this Bill is to prohibit health practitioners from performing gender clinical interventions which are intended to transition a minor’s biological sex, subject to limited and medically verifiable and necessary exemptions.
The bill should be supported because it seeks to uphold the legal principle of protecting children, as Australia is obligated under the Convention on the Rights of the Child to ensure that the best interests of the child are a primary consideration. By prohibiting gender clinical interventions that could cause irreversible harm, the bill aims to protect minors from procedures they may not fully understand or consent to. Additionally, the bill aligns with non-discrimination principles by applying uniformly to all minors, ensuring that no child is subjected to potentially harmful medical procedures without clear medical necessity.
The bill should be opposed because it could be seen as infringing on the rights of individuals to make informed decisions about their own bodies, potentially undermining democratic freedoms and personal autonomy [Judgment]. Furthermore, the bill may disproportionately affect transgender and gender-diverse youth, potentially increasing their vulnerability and marginalization. By restricting access to medical interventions that some minors and their guardians may deem necessary, the bill could exacerbate existing inequalities and hinder the ability of healthcare professionals to provide tailored care to their patients [Judgment].
2023-10-18
Senate
Before Senate
ANTIC, Sen Alex; BABET, Sen Ralph; ROBERTS, Sen Malcolm; CANAVAN, Sen Matthew
Unspecified
Healthcare, Discrimination / Human Rights, Family Law Reform