Gender-Affirming Care, Incarceration, and the Eighth Amendment

Bibliographic Data

ID15744745
AuthorsJennifer T Aldrich (Temple University, corresponding author), Jared Douglas Kant (0000-0003-4611-257X, University of Massachusetts Boston), Eric Gramszlo (Temple University)
Year2023
Volume25
Issue6
PagesE407-413
Publication date2023-06-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueThe AMA Journal of Ethic (JOURNAL)
Journal identifiersISSN: 2376-6980 • E-ISSN: 2376-6980
PublisherAmerican Medical Association (PUBLISHER • US)
DOI10.1001/amajethics.2023.407
PMID37285294
OpenAlexW4379645806
LanguageEN
Citations received1
References cited11

As outlined in Estelle v Gamble (1976), the 8th Amendment to the US Constitution requires that states provide adequate care for people who are incarcerated-but what constitutes "acceptable" care under professional guidelines is frequently at odds with the standard of care used by clinicians outside of carceral facilities. Outright denial of standard care runs afoul of the Constitutional prohibition on cruel and unusual punishment. As the evidence base that undergirds standards of care in transgender health has evolved, people who are incarcerated have sued to expand access to mental health and general health care, including hormonal and surgical interventions. Carceral institutions must transition from lay administrative to licensed professional oversight of patient-centered, gender-affirming care

Constitution · Criminology · Denial · Health care · Odds · Political science · Psychological intervention · Punishment (psychology · Sociology · Stalking · Transgender · Ethics and Legal Issues in Pediatric Healthcare · Gender Studies · Law · LGBTQ Health, Identity, and Policy · Medicine · Nursing · Psychology · Reproductive Health and Technologies · Social Psychology

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