Abstract
The interpretation of what would be in the 'best interests of the child' in the context of medical interventions for trans and intersex minors seems to be undergoing a rapid change in response to new human rights considerations. This has recently translated into a markedly more cautious approach towards gender-affirming and, respectively, sex-normalising treatment for minors until they can provide informed consent. While for trans minors this implies a restriction of their status quo, for intersex minors it signifies an improvement. My proposed research will be the first in-depth comparative and human rights analysis of this issue, focusing on the evolving 'best interests of the child' principle. This will involve an examination of the regulatory frameworks of Belgium, the Netherlands, Malta, and England and Wales and an interview study exploring the medical decision-making process in Belgian clinical practice. Both these frameworks and clinical practice will subsequently be evaluated in terms of their alignment within the evolutions regarding the 'best interests of the child' principle at the human rights level. By identifying common principles and formulating (procedural) recommendations, my research aims to contribute to the development of a more harmonised approach regarding the 'best interests of the child' in medical interventions for trans and intersex minors.
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