U.K. High Court upholds emergency ban on the use of puberty blockers for minors in landmark ruling.
London, July 29, 2024 – In a landmark ruling, the High Court has upheld the emergency ban on the prescription, sale, or supply of Gonadotrophin-Releasing Hormone Analogues, commonly known as puberty blockers, for individuals under 18 experiencing gender dysphoria.
The case, R (TransActual CIC and Anor) v SSHSC and Anor, was decided by Mrs. Justice Lang DBE on July 29, 2024, following a hearing on July 12, 2024.
The judgment addresses the legality of secondary legislation enacted by the Secretary of State for Health and Social Care and the Minister of Health for Northern Ireland.
The challenged legislation includes the Medicines (Gonadotrophin-Releasing Hormone Analogues) (Emergency Prohibition) (England, Wales, and Scotland) Order 2024/727, effective from June 3, 2024, to September 2, 2024, and the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2024, effective in England from June 26, 2024.
The first claimant, TransActual CIC, a Community Interest Company advocating for transgender individuals' healthcare rights in the UK, and the second claimant, a 15-year-old transgender girl referred to as YY, challenged the emergency order.
YY, who was in the process of obtaining her first prescription for puberty blockers from an overseas provider, found herself unable to have her prescription dispensed in the UK due to the new regulations.
The claimants presented three main grounds for their challenge:
1. Unlawful Utilization of Emergency Procedure: The claimants argued that the First Defendant, the Secretary of State for Health and Social Care, unlawfully utilized the emergency procedure under section 62(3) of the Medicines Act 1968 without adequate evidence of an immediate threat to health.
2. Partial and Unfair Consultation: They contended that the consultation process was partial, excluding key stakeholders like TransActual CIC, thereby rendering it unfair and unlawful.
3. Breach of Article 8 ECHR: The claimants alleged a violation of Article 8 of the European Convention on Human Rights (ECHR) due to the lack of consultation with those directly affected by the legislation.
The defendants argued that the emergency procedure was justified due to significant concerns about the safety and efficacy of puberty blockers. They cited the Independent Review of Gender Identity Services for Children and Young People, led by Dr. Hilary Cass, which recommended restricting puberty blockers to research protocols.
The defendants maintained that the consultation exemption under section 62(6) of the Medicines Act 1968 was applicable and that a duty to consult could not be implied in emergencies.
Mrs. Justice Lang found in favour of the defendants, concluding that the emergency procedure was lawfully invoked due to the potential risks associated with puberty blockers and the lack of enforceability of recommendations on overseas prescribers.
She noted the Cass Review's findings of very low-quality evidence regarding the benefits of puberty blockers, supporting the need for immediate regulatory action.
The judge also ruled that the consultation process, although limited, was aimed at refining the order's implementation rather than a full legal consultation, and thus did not breach procedural fairness.
Furthermore, the court held that the limitations on puberty blockers did not violate Article 8 ECHR, as there was no substantive obligation to consult before enacting legislation affecting Article 8 rights.
The ruling supports the government's stance on regulating the use of puberty blockers amid ongoing debates about their safety and efficacy.
The Secretary of State for Health and Social Care indicated an intention to renew the emergency ban beyond its expiration on September 2, 2024, potentially converting it into a permanent measure subject to further consultation.
You can read the ruling at the link below.
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