- An Australian court has issued a landmark ruling to allow
a 13-year-old child to begin sex-change procedures.
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- "Alex", is biologically a girl, but wishes
to be considered and referred to as a male.
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- Brought up as a boy by his father, he opts to wear nappies
to school rather than use female toilets.
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- It is the first time an Australian child has been given
legal approval to begin hormone treatment based solely on a psychiatric
assessment.
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- The decision has been both applauded and condemned by
commentators.
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- Arm wrestling
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- The death of his father and estrangement from his mother
had been formative experiences for the child, who legally can only be known
as Alex, Australia's Family Court heard.
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- The court heard that Alex dressed in boys' clothes, and
enjoyed activities and games mostly confined to boys.
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- He beat boys at arm wrestling and was attracted to girls.
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- Alex now lives as a boy with his aunt, though his legal
guardian is the state welfare department - which lodged the application
for treatment on his behalf.
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- He was assessed by a psychiatrist, who concluded he was
a "bright, engaging, biologically normal 12-year-old girl who has
a strong, persistent, longstanding belief and desire to live life as a
male", reported the Sydney Morning Herald newspaper.
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- The psychiatrist reported that Alex "feels trapped
in his body" and experiences depression and suicidal thoughts.
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- Step by step
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- In approving the application, the court stipulated that
Alex's treatment be phased so that it does not become irreversible until
he reaches 16.
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- The first stage of treatment will be a hormone course
to suppress menstruation.
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- At 16, Alex will undergo irreversible testosterone treatment
to develop muscle growth, a deep voice and body hair. Genital surgery will
only take place at 18.
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- "In the present case, I have uncontroverted evidence
not only that the proposed procedure is entirely consistent with Alex's
wishes but also that the expert evidence as to the best interests of Alex
accords with those wishes," Judge Alastair Nicholson said in his ruling.
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- Judge Nicholson acknowledged that Alex could face ostracism
and bullying, but said steps had been taken to anticipate such risks, and
that Alex could resort to self-harm if treatment was denied.
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- The welfare department, as legal guardian, will pay for
Alex's treatment.
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- 'Irresponsible'
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- Reaction to the ruling was sharply divided.
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- It was criticised by Nicholas Tonti-Filipini, a prominent
ethicist at a Catholic institute.
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- "This medical treatment [is] completely unproven,
even in adults," he was quoted as saying.
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- "To do it to a 13-year-old who is still in formation,
whose body is still forming, whose sense of identity is still forming,
it's just irresponsible."
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- But Louise Newman, a spokeswoman for the Royal Australian
and New Zealand College of Psychiatrists, said it had been a sensible decision.
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- "Here the degree of stress is so great that going
through the hormonal and bodily changes of puberty would actually be too
distressing for the child to tolerate," she reportedly said.
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- PHASES OF TREATMENT Age 13 to 16: Oestrogen and progesterone
treatment to prevent menstruation and feminisation 13 to 16: Testosterone
treatment for masculinisation 18: Surgery
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- © BBC MMIV http://news.bbc.co.uk/2/hi/asia-pacific/3624891.stm
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