June 27, 2010 1:25 PM BST
Cristine,
I think you have done a great job on the Legal issues facing TG's in the UK. Your efforts will be of great help to many on this site who read your posts. You have done for many on this site ... a valuable service.
Being involved as I have, in the workings of Government Departments, I notice that most of the recent legal issues you have reported do not have much to do with the Law, per se, as with the regulations in which the NHS applies it's mandate.
As an observer, it would appear that each individual Health Authority is free to choose it's own interpretation of those regulations. This of course, leads to inconsistent application of the applicable Health Act(s.)
It appears that the situation would be greatly clarified if the Damn NHS would just provide a common "Interpretive Guideline" to the various Regional Health Authorities throughout the land. By doing this, the tendency for the various Local Health Authorities to "short change" the Trans-gender/Transsexual Community would be effectively neutralized.
The true reasons that the various Health Authorities are doing so may be from Financial, "out and out" Prejudice , or just plain Bureaucracy, but whatever the reasons are ... a firm interpretation from the NHS would at least standardize the process and put pressure on including more financing to Trans-gender/Transsexual services "across the Board."
The side benefits from this would be,
1) legal remedies from Court Actions would apply to the entire Nation
2) litigation costs would be greatly reduced for both sides and,
3) National awareness of the issues would result.
keep up the good work Cristine
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"and my needs entwined, like ribbons of light...and I came through the doorway...some where... in the night"
June 27, 2010 1:48 PM BST
Probably what bothers me the most about all this is the bureaucracy that adds to the cost of everyone's health services and then the reality that providing health services for one very elderly individual dieing of cancer cost as much as transitioning expenses for numerous transsexuals. So money is a lousy reason to not provide the service.
Hugs,
Marsha
June 27, 2010 1:54 PM BST
Thankyou Doanna
There are examples of laws relating to claims made agains health authorities within this forum, under case laws and precedents, also I have published under NHS expectations views and laws outlining the guidlines and what the NHS charter means and the right to treatment if the qualifying terms are complied with. But in the end its down to local Patient Health Care Trusts and ultimately down to one or two individuals responsible for referals, thats where the problems lay. Basically at the moment patients are being denied treatment or treatment is being delayed, through ignorance of those few, giving the wrong reasons for withholding treatment. leading to succesful judgements against the respective authorities. the actual relevant laws
are respective to a persons righ to treatment under the charter and their human rights, All covered within the EHRC and the UK Gender Recognition Act 2005. Unfortunately the NHS is top heavy with upper management managing funds and A telling B to tell C infinitum what the policy is, puting a huge demand on the funds available for operating and front line nurses and specialists. A case of too many chiefs and not enough injuns, iregardless of how much money is injected into the health service the chiefs are doing very well and sod the rest. So what money is available is obviously funneled into more life threatening surgical procedures. Also there is some amount of discrimination on making funds available to TG people, on the but we have more pressing needs excuse.
Just read Marsha post,......and exactly Marsha, but fairs fair everyone should be entitled to full care and treatment taking into account your example old people have probably contributed the most in their lives money wise than younger people.
The Cambride Three Case cost millions in court fees and representations and appeals. and the compensation awarded has not to my knowledge been revealed.
http://gendersociety.com/[...]729077&
June 27, 2010 3:56 PM BST
Cristine,
I am in the Medical field and well know how poorly the front-line workers are supported.
In my Country, we have Universal Health Care. It does not pay for everything and in fact, does not pay all the expenses for SRS either. Each case (SRS) is decided on a set of criterion which also take into account the adverse consequences if the procedure is not performed on a timely basis. This method provides priority status (funding wise) to those in most need - which, I think most people would agree with.
I will have to pay some of my SRS costs - but not all, and I have no problem with that arrangement if it allows someone with less financial resources than I to be funded at a higher level.
As for "begrudging" the costs for attending an Elderly persons medical costs at their "end of life" stage ... I think I would rather put my own needs "on the shelf" than even consider that.
We must NEVER forget that the Elderly have "contributed" to Society ...and done so, much longer than we.
June 27, 2010 6:28 PM BST
I do fully agree Cris. I'm not saying that elderly should have services withheld, I'm just trying to point out that what it costs to transition is rather insignificant compared to many other health services that are being provided others. And hopefully no one's funding is being delayed because of either bureaucracy or someone who doesn't like people such as us.
Hugs,
Marsha
June 28, 2010 6:51 AM BST
Cristine,
Some time back I did a post to try to explain to our UK Sisters why the US Federal laws lag so much and why we have such different State laws. I do not know if you remember it.
http://gendersociety.com/[...]4245322
What about a series, probably infrequent, that covers different countries and why passing laws in them are so different. Start with counties like India, EU, PRC, Thailand, Canada, Uganda, Iran that have been big in TG news and/or have widely varied conditions.. Assess the culture, history, government and religion that affect GLBT laws. It would be a lot of work to do each country. Perhaps members from different locales could sign up to do one on their area, if they are knowledgeable. That would make it far easier than you trying to research all those areas for each country. Perhaps you could do it as a team with you editing and questioning. I think understanding these issues can make it easier to understand our own systems and get changes enacted.