Gender again. Sorry!

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But coupled with a requirement for 24 hour care and multiple additional diagnoses, it does suggest that letting this young woman opt for surgery as part of her apparent desire to become a man, may not be in her best interests.

One of the basic principles of the Mental Capacity Act provides that:

A person has a right to make an unwise decision. The purpose of a capacity assessment is to determine a person’s ability to make the decision, not to make a value judgement on their decision.
 

icowden

Legendary Member
A person has a right to make an unwise decision. The purpose of a capacity assessment is to determine a person’s ability to make the decision, not to make a value judgement on their decision.
Yes. I am not convinced from the information shared that this person had capacity to make the decision.
 
Yes. I am not convinced from the information shared that this person had capacity to make the decision.

I don't know whether she had or had not. Court case is about something else and isn't much help.

It's the sort of hard case that makes bad law and it's a pity it is being exploited in the GC/Trans rights debate.
 

Rusty Nails

Country Member
One of the basic principles of the Mental Capacity Act provides that:

A person has a right to make an unwise decision. The purpose of a capacity assessment is to determine a person’s ability to make the decision, not to make a value judgement on their decision.

Without making any value judgement on the italicised statement does that right also apply to the clinicians and surgeons in carrying out the wishes of the person?

Presumably those professionals do not think it is an unwise decision...or do they, but put more weight on the individual's right to make that decision?

I am just glad I am not in the position of those parties, and not involved in the decision-making.
 
Without making any value judgement on the italicised statement does that right also apply to the clinicians and surgeons in carrying out the wishes of the person?

Presumably those professionals do not think it is an unwise decision...or do they, but put more weight on the individual's right to make that decision?

If the person makes a decision, even if its unwise, then I would hope the professionals' focus will be on capacity rather than wisdom.
 

Rusty Nails

Country Member
If the person makes a decision, even if its unwise, then I would hope the professionals' focus will be on capacity rather than wisdom.

As long as that capacity is the capacity to fully understand why the decision could be wise or unwise, and its ramifications, then I agree.
 

icowden

Legendary Member
And the point of that last post was?
 

CXRAndy

Guru
20230715_060859.gif
 

CXRAndy

Guru
Another artist cancelled by the BBC for stating their beliefs about puberty blockers and child mutilation

You think these large organisations haven't been infiltrated by trans ideology
 
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