There is no basis for criminalizing medical procedures for changing a child’s gender

by Rachel Morgan News Editor

Riga – A proposed Latvian law seeking to criminalize medical procedures related to gender reassignment for minors has been deemed “unfounded” by the Ministry of Justice, according to a letter sent to the Saeima Legal Affairs Committee.

Controversial Draft Law Faces Opposition

The draft law, initially proposed by the opposition party Latvia First (LPV) in mid-September, suggested penalties including imprisonment for medical professionals and individuals involved in gender reassignment procedures for minors. Specifically, the LPV proposed up to five years’ imprisonment for medical sex changes, up to four years for puberty blocking and cross-hormonal therapy, and up to three years for knowingly leading a minor to undergo such treatments.

Ministry of Health Clarification

The Ministry of Justice’s assessment follows a clarification from the Ministry of Health stating that surgical gender reassignment procedures have never been performed on minors in Latvia. The Ministry of Justice argues that establishing criminal liability for these procedures, including puberty blocking and hormonal therapy, is not justified.

Did You Know? The proposed law initially garnered support from both opposition parties and a member of the ruling coalition, the Union of Greens and Farmers.

The Ministry of Justice maintains that medical treatment decisions should be made within the healthcare sector, based on professional medical assessments, with the primary goal of protecting the child’s health.

Parliamentary Divisions

The LPV’s draft law saw a split vote in Parliament, with the opposition joining forces with the Union of Greens and Farmers. However, MPs from New Unity and Progressives voted against the bill.

Expert Insight: The Ministry of Justice’s intervention highlights a critical tension between legislative attempts to regulate medical practices and the established principle of allowing medical professionals to exercise their judgment within a framework of patient care and ethical considerations.

It remains possible that the Legal Affairs Committee will consider the Ministry of Justice’s opinion as it reviews the proposed amendments to the Criminal Code. The committee could choose to reject the draft law, amend it, or forward it to the Saeima for a full vote. A full vote could result in the law being passed, rejected, or sent back for further review.

Frequently Asked Questions

What penalties were proposed in the draft law?

The LPV proposed imprisonment for up to five years, with or without confiscation of property, for medical sex changes of a minor. Punishment for puberty blocking and cross-hormonal therapy was proposed at up to four years’ imprisonment, while knowingly leading a minor to undergo these treatments could have resulted in up to three years’ imprisonment.

What is the Ministry of Justice’s position on criminalizing these procedures?

The Ministry of Justice believes it is not justified to establish criminal liability for medical gender reassignment of a child, puberty blocking, or the use of cross-hormonal therapy for gender reassignment purposes.

Has gender reassignment surgery been performed on minors in Latvia?

According to the Ministry of Health, surgical gender reassignment procedures have not been and have never been performed on minors in Latvia.

How might differing views on medical intervention for gender dysphoria influence future legislation?

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