Scottish guidance on trans prisoners ruled unlawful
Summary
A Scottish judge has ruled that the current guidance allowing some transgender prisoners to be housed in prisons based on their gender identity is unlawful. The ruling states that prisoners must be housed according to their biological sex, following a Supreme Court decision about the legal definition of a woman.Key Facts
- The judge ruled that Scottish prison rules letting transgender prisoners be held according to gender identity break legal requirements.
- The Supreme Court had previously decided that sex segregation in prisons should be based on biological sex.
- A campaign group called For Women Scotland challenged the guidance, wanting only people born female to be held in women’s prisons.
- Scottish government lawyers said housing transgender prisoners by biological sex could risk their rights and increase suicide danger.
- The current Scottish Prison Service assesses risks individually to protect women’s safety in prisons.
- Human rights laws require consideration for transgender prisoners, but do not guarantee housing by gender identity.
- Exceptions may apply in serious cases, such as suicide risk, where prison placement might differ to protect life.
- Scottish government leaders said they accepted the Supreme Court ruling but believe current guidance doesn’t need changing.
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