Three respondents have transsexualism and attended gender identity clinic and requested gender reassignment treatment. The health authority refused to fund them under the National Health Service in accordance with its policy in 1995 and 1998, They applied for judicial review. In 1998, the judge quashed the health authority's decision and policy. On appeal to the Court of Appeal, the health authority claimed due to the limited resources, transsexualism had a lower priority.
Held: Although the health authority acknowledged that transsexualism was an illness, it did not in truth treat it as such, but as an attitude or state of mind which did not warrant medical treatment.
Per curiam (collective anonymous decision by an appellate court): With the imminent coming into force of the Human Rights Act 1998, it was even more important to ensure that Convention rights were not asserted in inappropriate circumstances so as to ensure that they played their proper and important role in the protection of a citizen's interests.
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