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Establishment of Rat Models Mimicking Gender-affirming Hormone Therapies
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Gender-Affirming Care, Incarceration, and the Eighth Amendment.

Jennifer Aldrich1, Jessica Kant2, Eric Gramszlo3

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AMA Journal of Ethics
|June 7, 2023
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Summary
This summary is machine-generated.

Incarcerated individuals have a constitutional right to adequate healthcare, including gender-affirming care. Legal challenges are expanding access to necessary medical interventions for transgender people in correctional facilities.

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Area of Science:

  • Constitutional Law
  • Medical Ethics
  • Public Health

Background:

  • The 8th Amendment mandates adequate care for incarcerated individuals, but definitions of "acceptable" care often conflict with external professional standards.
  • Denying standard medical care to prisoners violates the constitutional prohibition against cruel and unusual punishment.
  • Evolving evidence in transgender health has led to legal action to improve access to care within carceral settings.

Purpose of the Study:

  • To analyze the legal and ethical landscape of healthcare provision for incarcerated transgender individuals.
  • To examine the disparity between constitutional standards of care and external professional guidelines.
  • To advocate for a shift towards professional oversight in delivering gender-affirming care in correctional facilities.

Main Methods:

  • Legal case analysis (Estelle v Gamble, 1976).
  • Review of evolving evidence-based standards in transgender healthcare.
  • Examination of patient advocacy and litigation trends regarding incarcerated individuals' health rights.

Main Results:

  • Litigation has been instrumental in expanding access to mental and general health services, including hormonal and surgical treatments, for incarcerated transgender people.
  • There is a persistent gap between the care mandated by the 8th Amendment and the care typically provided in carceral facilities.
  • The legal framework supports the expansion of gender-affirming care based on evolving medical evidence.

Conclusions:

  • Carceral institutions must move beyond administrative control to licensed professional oversight for patient-centered, gender-affirming care.
  • Ensuring constitutional standards of care requires aligning correctional healthcare with current medical best practices.
  • Legal precedents underscore the necessity of providing comprehensive healthcare, including gender-affirming interventions, to incarcerated populations.