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A Jurisprudence of the BodyDepathologising Gender: Vulnerability in Trans Health Law

A Jurisprudence of the Body: Depathologising Gender: Vulnerability in Trans Health Law [This chapter challenges how gender has been positioned under the control of health professionals in the regulation of trans bodies. Trans people have formed complex relationships with health professionals, whose influence is often crucial in determining access to body modification treatments including hormones and surgeries. Having previously argued that this constitutes an overreach of medical jurisdiction, this chapter is more forward-looking, assessing the potential of a human right to depathologisation. After deciding that latent risks in this strategy might outweigh potential benefits, we propose an alternative agenda which understands trans bodies, and the institutions which regulate their access to health care, as vulnerable. This change of emphasis offers key insights which could benefit the activists and scholars engaged in the trans depathologisation movement.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Jurisprudence of the BodyDepathologising Gender: Vulnerability in Trans Health Law

Part of the Palgrave Socio-Legal Studies Book Series
Editors: Dietz, Chris; Travis, Mitchell; Thomson, Michael
Dietz, Chris; Pearce, Ruth
A Jurisprudence of the Body — Aug 6, 2020
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24 pages

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Publisher
Springer International Publishing
Copyright
© The Editor(s) (if applicable) and The Author(s) 2020. Chapter 5 is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/). For further details see licence information in the chapter.
ISBN
978-3-030-42199-1
Pages
179 –203
DOI
10.1007/978-3-030-42200-4_8
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter challenges how gender has been positioned under the control of health professionals in the regulation of trans bodies. Trans people have formed complex relationships with health professionals, whose influence is often crucial in determining access to body modification treatments including hormones and surgeries. Having previously argued that this constitutes an overreach of medical jurisdiction, this chapter is more forward-looking, assessing the potential of a human right to depathologisation. After deciding that latent risks in this strategy might outweigh potential benefits, we propose an alternative agenda which understands trans bodies, and the institutions which regulate their access to health care, as vulnerable. This change of emphasis offers key insights which could benefit the activists and scholars engaged in the trans depathologisation movement.]

Published: Aug 6, 2020

Keywords: Trans; Health; Depathologisation; Vulnerability; Human rights; Transgender; Self-declaration

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