A Legal Assessment of the Dutch Protocol for Transgender Care to Children: Evidence, Ethics and Procedure

A Legal Assessment of the Dutch Protocol for Transgender Care to Children: Evidence, Ethics and Procedure In the Netherlands, healthcare for children with gender dysphoria is provided based on the Dutch Protocol . Typically, medical protocols are guiding in the interpretation of the medical-professional standard. For a protocol to be guiding, it (i) must be evidence-based, (ii) should carry limited medical-ethical weight, and (iii) have been developed through an adequate process. This article disputes the first criterion as highly debatable and maintains that the second and third criteria fail to be satisfied. Consequently, the Dutch Protocol cannot be regarded as a legitimate guiding standard.

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Publication Details

Journal
Family & Law
Published
2025-04-01
DOI
https://doi.org/10.5553/fenr/.000069
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
0.00
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article

A Legal Assessment of the Dutch Protocol for Transgender Care to Children: Evidence, Ethics and Procedure

Jilles Smids, J.L. Smeehuijzen, Coen Hoekstra
Family & Law
Discrimination and Equality Law
article

A Legal Assessment of the Dutch Protocol for Transgender Care to Children: Evidence, Ethics and Procedure

Jilles Smids, J.L. Smeehuijzen, Coen Hoekstra
article en

Abstract

A Legal Assessment of the Dutch Protocol for Transgender Care to Children: Evidence, Ethics and Procedure In the Netherlands, healthcare for children with gender dysphoria is provided based on the Dutch Protocol . Typically, medical protocols are guiding in the interpretation of the medical-professional standard. For a protocol to be guiding, it (i) must be evidence-based, (ii) should carry limited medical-ethical weight, and (iii) have been developed through an adequate process. This article disputes the first criterion as highly debatable and maintains that the second and third criteria fail to be satisfied. Consequently, the Dutch Protocol cannot be regarded as a legitimate guiding standard.

Family & Law
Openalex Percentile: Top 90%
Discrimination and Equality Law
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