Cap. 540 · Gender Identity, Gender Expression And (Cap. 540)
Cap. 540 чл. 14Right to bodily integrity and physical autonomy.
(1) It shall be unlawful for medical practitioners or other professionals to conduct any sex assignment treatment and, or surgical intervention on the sex characteristics of a minor which treatment and, or intervention can be deferred until the person to be treated can provide informed consent: Provided that such sex assignment treatment and, or surgical intervention on the sex characteristics of the minor shall be conducted if the minor gives informed consent through the person exercising parental authority or the tutor of the minor.
(2) Medical practitioners or other professionals in breach of this article shall, on conviction, be liable to the punishment of imprisonment not exceeding five years, or to a fine (multa) of not less than five thousand euro (€5,000) and not more than twenty thousand euro (€20,000).
(3) In exceptional circumstances treatment may be effected once agreement is reached between the interdisciplinary team and the persons exercising parental authority or tutor of the minor who is still unable to provide consent: Provided that medical intervention which is driven by social factors without the consent of the minor, will be in violation of this Act.
(4) The interdisciplinary team shall be appointed by the Minister for a period of three years which period may be renewed for another period of three years.
(5) The interdisciplinary team shall be composed of those professionals whom the Minister considers as appropriate.
(6) When the decision for treatment is being expressed by a minor with the consent of the persons exercising parental authority or the tutor of the minor, the medical professionals shall:
(a) ensure that the best interests of the child as expressed in the Convention on the Rights of the Child be the paramount consideration; and
(b) give weight to the views of the minor having regard to the minor's age and maturity.
История на изменения
- Amended by XIII.2018.31