American Psychological Association |
Guidelines for psychological practice with transgender and gender non-conforming people. Am. Psychol; 2015; 70; 832-864 |
US |
Guidelines |
Transgender and gender nonconforming (TGNC) people are those who have a gender identity that is not fully aligned with their sex assigned at birth. |
Guidelines that focus on the psychological aspect of transgender incarceration, including addressing issues such as harassment, abuse and victimization. Also discussing the role of mental health professionals. |
Arnott, J. and Crago, A. |
Rights Not Rescue: A Report on Female, Male, and Trans Sex Workers’ Human Rights in Botswana, Namibia and South Africa; 2009; New York: Open Society Institute |
South Africa |
Report |
Not mentioned |
The report namely discusses South Africa (SA) where, 'trans sex workers are systemically submitted to violence by being locked in jail with men' (p 40). Also, no condoms are distributed in prisons in SA. Police will also encourage other prisoners to harm trans inmates. 'Hormone replacement for trans women and other trans-specific medical treatment is not available in South African prisons because it is not considered primary healthcare.' (p 50). |
Blight (2000) |
Transgender Inmates. Trends and Issues in Crime and Criminal Justice; Australian Institute of Criminology |
Australia |
Report |
According to The New South Wales Anti-Discrimination Act a transgender person as someone who: • identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex • has identified as a member of the opposite sex by living as a member of that sex • being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex, and includes a person being thought of as a transgender person, whether the person is, or was, in fact a transgender person. |
The report covers different Australian province prison policy, discrimination protection and birth/sex recognition. It discusses housing based on self-choice; self-harm, sexual assault and surgery. |
Blazer and Hutta (2012) |
Transrespect versus Transphobia Worldwide: A Comparative Review of the Human-rights Situation of Gender-variant/Trans People; 2012; Transrespect |
Global |
Report |
Not mentioned |
Report on the international transgender situation. E.g. 1. Uganda - inmates gender identity denied and suffered assaults from other inmates and prison wards (p 35); E.g. 2. Thailand and Philippines - ' In Thailand and the Philippines, penal laws also do not recognize transpeople’s gender identity…Many transpeople in the Philippines try to circumvent the law’s limitations by securing identification documents that reflect their identity through sometimes illegal but mostly creative means (i.e., black-market passports, credit-card or bill statements declared in their preferred names, fake IDs, etc.)' (p 82). |
Bassichis and Spade (2007) |
It's War in Here: a Report on the Treatment of Transgender and Intersex People in New York State Men's Prisons. Sylvia Rivera Law Project; 2007; New York |
US |
Report |
Not mentioned |
The report is affiliated to the Sylvia Rivera Law Project, which was opened in 2002. The Project has 'provided free legal services to over 700 intersex, transgender, and gender non-conforming people'. Includes: assault, sexual violence, stigma and discrimination, denial of treatment, housing, lack of medical care, HIV/STI and gender affirmation. Other topics covered in the report include showers, lack of privacy and searches. Recommendations put forward include to improve safety and treatment of transgender inmates, enhance grievance procedures and ensure access to healthcare. |
Beard (2018) |
Briefing Paper: Transgender Prisoners; 2018; House of Commons Library |
UK |
Report |
Not mentioned |
In regards to classification of transgender inmates, the UK are slightly more progressive stance through the 2016 Prison Service Instruction (set of policy guidelines). In Scotland, policy guidelines state that the social gender in which the prisoner is living should be fully respected, regardless of whether or not they have a GRC. The Northern Ireland Prison Service has no recent record of any prisoners who have self-identified as transgender. |
Beck, A. J. |
Prison Rape Elimination Act of 2003: PREA Data Collection Activities; 2015; US Department of Justice |
US |
Report |
Not mentioned |
The report comments on abuse in prisons as well as maltreatment of transgender inmates by correctional officers. |
Carr et al. (2016) |
Out on the Inside: The Rights, Experiences and Needs of LGBT People in Prison; Irish penal reform Trusts; 2016; The Community Foundation for Ireland. |
Ireland |
Report |
Not mentioned |
Report commissioned by the Irish Penal Reform Trust. It is based on research and international models of practice, looking at Irish policy and placement of TG prisoners; access to medical treatment; the need for privacy during searches and showers; methods of rehabilitation; and identifies current discrimination, harassment and abuse, sexual violence and treatment from officers with the use of segregation. |
Committee on Economic, Social and Cultural Rights |
The right to the highest attainable standard of health, E/C.12/2000/4, General Comment No. 14, paragraph 34; 2000 |
Global |
Legal Rule or Regulation |
Not mentioned |
Set of principles outlining the individual’s right to the highest attainable standard of health. |
Federal Bureau of Prisons (2016) |
Medical management of transgender inmates (Clinical guidance); 2016 |
US |
Report |
Transgender; gender dysphoria; gender identity disorder TRANSGENDER (TG) individuals are those whose gender identity is different from their biological sex. GENDER DYSPHORIA (GD), previously known as GENDER IDENTITY DISORDER (GID), is the discomfort or distress caused by a discrepancy between a person’s GENDER IDENTITY and that person’s GENDER assigned at birth. Not all TG will be diagnosed with GD, and a diagnosis of GD is not required for access to services |
The official government report details the experiences of transgender inmates such as stigma, discrimination and victimization as well as classification, treatment by correctional officers, evaluation and diagnosis, counseling, general care, transition related care, hormone, surgery and gender affirmation. It concludes with providing solutions such as individualized treatment, education and informed consent. |
Government Publishing Office |
Prison Rape Elimination Act of 2003; 2003; Authenticated U.S. Government Information; U.S. 108-79 |
US |
Legal Rule or Regulation |
Not mentioned |
The complete legal rule of the Prison Rape Elimination Act of 2003. |
Grant, J. M. Mottet, L. Tanis, J. E. Harrison, J. Herman, J. Keisling, M. |
Injustice at Every Turn: a Report of the National Transgender Discrimination Survey; National Center for Transgender Equality; 2011 |
US; Columbia; Puerto Rico; Guam and the US Virgin Islands |
Report |
Transgender ‘Those who transition from one gender to another (transsexuals), and those who may not, including genderqueer people, cross-dressers, the androgynous, and those whose gender non-conformity is a part of their identity’ |
The report outlines findings of 6,450 transgender and gender non-conforming people across the US, Columbia, Puerto Rico, Guam and the US Virgin Islands. The report found discrimination was experienced by the entire sample. Race and ethnic minorities face worse situations in contrast to their white counterparts. 41% of the sample reported attempted suicide. 16% of respondents reported physical abuse when in prison and 15% reported sexual assault. |
Harris (2017) |
In historic 1st, transgender inmate wins transfer to women's prison; 2017; CBC News; Canada; 21st July 2017 |
Canada |
Newspaper article |
Not mentioned |
The article reports on the first transfer of transgender inmate to an institution based on gender identity rather than physical anatomy. |
Harris (2018) |
Canada's prison system overhauls transgender inmate policy; 2018; CBC News; Canada; 7th February 2018 |
Canada |
Newspaper article |
Not mentioned |
The article reports on Canada's prison system and how it has overhauled its policies around transgender inmates, now housing inmates based on their gender identity. |
Human Rights Watch (2018) |
Living at Risk: Transgender Women, HIV, and Human Rights in South Florida; 2018 |
US |
Report |
Not mentioned |
Human Rights Watch reports on the current provisions in place to protect the negative experiences currently held by transgender inmates in the US, 'Withdraw revisions to the Bureau of Prisons Transgender Offender Manual that weaken protections for transgender prisoners'. |
Lambda Legal (2015) |
Transgender Incarcerated People in Crisis; 2015 |
US |
Report |
Not mentioned |
The report discusses the experiences of transgender inmates, discussing abuse, stigma, discrimination and victimization as well as classification, transition related care, surgery and hormones, with reference to PREA, Farmer v Brennan, 1994 and the Eighth Amendment. |
Lydon, J., Carrington, K., Low, H., Miller, R. and Yazdy, M. |
Coming Out of Concrete Closets: a Report on Black and Pink's LGBTQ Prisoner' Survey; Black and Pink; 2015; Boston, MA |
US |
Report |
Not mentioned |
LGBTQ report identifying lack of disclosure of GID, lack of evaluation and diagnosis upon entry. It also reports that 44% of transgender inmates are denied access to hormones when requested, and only 21% are allowed real life experience and gender affirmation while in prison. Housing, strip searches and treatment by officers also discussed. |
McLemore (2018) |
US Bureau of Prisons Policy Change Endangers Transgender Prisoners: Transgender Prisoners Face Alarming Rates of Abuse in Detention; 2018 |
US |
Webpage |
Not mentioned |
The website provides further information and updates on the classification of transgender inmates, citing that 'The Trump administration’s decision to change the policy of the federal Bureau of Prisons (BOP) for housing transgender prisoners is dangerous, wrongheaded, and unnecessary.' |
Ministry of Justice (2016b) |
Review on the Care and Management of Transgender Offenders; 2016 |
UK |
Report |
Not mentioned |
The reports discuss the importance of diagnosis and evaluation as well as the abuse experienced by transgender inmates such as interrogation and isolation. Finally, it provides solutions such as additional training and necessary policy review. |
The Nation (2017) |
Prison system sets up new accomodations for LGBT inmates; 2017; Thailand News; Thailand; 22nd March 2017 |
Thailand |
Newspaper article |
Not mentioned |
The newspaper article discussing the arguments for and against special units designed specifically for transgender inmates. |
National Centre for Transgender Equality (2018a) |
Ending abuse of transgender prisoners: a guide to winning policy change in jails and prisons; 2018 |
US |
Report |
Not mentioned |
National Center for Transgender Equality published a series of guidelines based on PREA for treatment of transgender inmates. The report advises correctional officers to understand current attitudes, practice and policies. It provides solutions in the form of workshops, interventions, training, media and messaging. |
National Centre for Transgender Equality (2018c) |
Policies to increase safety and respect for transgender prisoners: A guide for agencies and advocates; 2018 |
US |
Report |
Not mentioned |
The report advises to limit the use of segregation and handle case by case. It offers solutions such as tailoring services, prisoner education, policy dissemination and implementation. The report also comments on gender affirmation; general treatment in the form of equal access to care and transition related care and finally it discusses the need for greater attention on showering and restroom practices, searches and language (pronouns etc). |
National Centre for Transgender Equality (2018b) |
LGBTQ People Behind Bars: A Guide to Understanding the Issues Facing Transgender Prisoners and Their Legal Rights; 2018 |
US |
Report |
Not mentioned |
Drawing on the PREA Act of 2003 and PREA Standards 2012, the Eighth Amendment Equal Protection Clause, the report discusses treatment options as well as treatment from correctional officers, classification of transgender inmates and other issues such as searches, privacy, equal treatment regarding visitation and opportunities |
National Institute of Corrections (2013) |
Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings; 2013; US Department of Justice |
US |
Report |
Transgender or transexual A transgender or transsexual person has a gender identity that is different from his/her assigned sex at birth. Gender identity disorder; gender dysphoria the levels of stress that transgender people experience results in depression, anxiety, low self-esteem, and even suicide ideation. |
US Department of Justice's policy review and development guide outlining the necessity of medical and mental healthcare; risk, housing and classification; constitutional law; sexual abuse and violence and the need for additional privacy and safety. The review states that classification is still based on inmates genitalia or assigned sex at birth, placing inmates at high risk of abuse and vulnerability. This is in violation of the Eighth, Fifth and Fourteenth Amendments. |
NCCHC (2015) |
Transgender, transsexual, and gender nonconforming healthcare in correctional settings (Position statement); 2015 |
US |
Webpage |
Transgender Transsexual is an older term that originated in the medical and psychological communities. It is still preferred by some people who have permanently changed-or seek to change-their bodies through medical interventions (including but not limited to hormones and surgeries). Transsexual is not an umbrella term. It is best to ask which term an individual prefers. For the purposes of this statement, the term transgender includes those who identify as transsexual as well as gender nonconforming individuals. |
The website outlines the current state of transgender inmate healthcare including counseling, diagnosis and evaluation, hormone, surgery. It refers to PREA as well as World Professional Association for Transgender Health (WPATH). |
Penal Reform International & Association for the Prevention of Torture (2013) |
LGBTI Persons Deprived of Their Liberty: A Framework for Preventative Monitoring; 2013; London; Penal Reform International |
Global |
Framework |
Transgender defined according to the Yogyakarta Principles ‘to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.’ |
The report details the risk factors faced by transgender persons in the criminal justice system. Some of these include inappropriate interrogations; housing and allocation; body searches; violence; abuse; isolation and solitary confinement and discrimination. It uses examples from Honduras and New Zealand to set precedence for future policies. Recommends training such as knowledge building around sexuality and gender identity. |
Prisons & Probation Ombudsman for England and Wales (2013) |
Sexual Abuse in Prisons; 2013; London |
England; Wales |
Bulletin |
Not mentioned |
Bulletin outlining sexual abuse in prisons. Case studies presented include a transgender prisoner stating that she was not treated respectfully. The Ombudsman report upholds guidelines and in this specific case, recommended additional training for staff for the care and management of transgender prisoners. It states that ' Prisons need to ensure they conform with the Equalities Act 2010, specifically in relation to transgender prisoners' (p 6). |
Public Health England (2018) |
Gender Specific Standards to Improve Health and Wellbeing for Women in Prison in England |
UK |
Report |
Not mentioned |
Public Health England Standards that discuss rights of all women in prisons, including TG inmates. It states that 'NHS England will be undertaking work to develop standards of transgender people in prison' (p 8). It advises on 'informed gender-sensitive training' and that TG women needs should be 'assessed and appropriate services available' (p 38). |
Ryan (2016) |
Transgender issues in the criminal justice system; 2016; Legal Action Group |
UK |
Webpage |
Not mentioned |
The website details the experiences of abuse, stigma, discrimination and victimization, citing that the 'UN Special Rapporteur on Torture reported as long ago as 2001 that transgender prisoners (particularly trans women) are at ‘great risk’ of physical and sexual abuse'. It discusses classification, treatment by correctional officers and quotes the Prison Service Instruction, 'The English and Welsh policy on The care and management of transsexual prisoners (Prison Service Instruction (PSI) 07/2011) provides that trans prisoners should be able to live in their affirmed identity regardless of which type of prison they are in. However, prisoners frequently report having to battle for basic items and face a challenge as ‘security’ issues outweigh equality rights.' |
The Scottish Centre for Crime and Justice Research (2019) |
Safety of, from or including transgender people in prison?; 2019 |
Scotland |
Webpage |
Not mentioned |
The Scottish website highlights the experiences of transgender inmates to include abuse, stigma, discrimination and victimization, mental health, classification and treatment by correctional officers. |
Scottish Prison Service (2014) |
Gender Identity and Gender Reassignment Policy for those in our Custody; 2014 |
Scotland |
Report |
Gender dysphoria Is distress, unhappiness and discomfort experienced by someone about their biological sex not fully matching their gender identity. |
The report details the procedures around gender reassignment surgery before, during and after operation. It also touches upon treatment, evaluation and diagnosis, surgery and classification as well as rubdowns, search, shower and changing facilities for transgender prisoners. |
Thompson (2017) |
California funds 1st US inmate sex reassignment; New York Times; 2017 |
US |
Newspaper article |
Not mentioned |
Newspaper article discussing prison sex reassignment surgery. |
Transgender Europe (2016) |
Malta Prison Policy (August 2016); 2016 |
Europe |
Policy document |
Trans Trans refers to people (sometimes referred to as ‘transgender’) whose psychological self (‘gender identity’) differs from the social expectations for the physical sex they were assigned at birth. ‘Trans’ is also an umbrella term for transgender, transsexual, crossdressers, gender queer, gender fluid, and people who identify as neither female nor male. |
The policy document addresses the issues of classification, gender affirmation, treatment of correctional officers and the additional training required and the positive impact that using different pronouns may have as well as turning consideration to searches, shower and changing facilities and gender-based activities. |
United Nations General Assembly |
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) |
Global |
Legal Rule or Regulation |
Not mentioned |
Set of rules ‘recalling all standards and norms in crime prevention and criminal justice developed at the request of the Commission on Crime Prevention and Criminal Justice and adopted or recommended by the General Assembly, or adopted by a United Nations congress on the prevention of crime and the treatment of offenders, and recognizing that the Universal Declaration of Human Rights’. |
United Nations General Assembly |
First United Nations Congress on the Prevention of Crime and the Treatment of Offenders UN Doc. No. A/CONF.6/L. 17; 1955 |
Global |
Legal Rule or Regulation |
Not mentioned |
The report details the Standard Minimum Rules for the Treatment of Prisoners according to the first UN Congress on the Prevention of Crime and the Treatment of Offenders. |
United Nations General Assembly |
Basic principles for the treatment of prisoners, Res. 45/111. UN Doc. No. A/RES/45/111; 1990 |
Global |
Legal Rule or Regulation |
Not mentioned |
Eleven basic principles for the Treatment of Prisoners as Adopted and proclaimed by General Assembly resolution 45/111 of 14 December 1990. |
United Nations General Assembly |
UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Expert consultation on access to medicines as a fundamental component of the right to health, UN Doc. No. A/HRC/17/43, 16 March 2011, paragraph 44 |
Global |
Legal Rule or Regulation |
Not mentioned |
The report ‘report contains a summary of the discussions held and the recommendations made at the expert consultation on access to medicines as a fundamental component of the right to health, held in Geneva on 11 October 2010, in accordance with the Human Rights Council resolution 12/24′. |
United Nations Human Rights Committee |
Communication No. 1020/2001, UN Doc. No. CCPR/C/78/D/1020/2001, para 7.7.; 2003 |
Global |
Legal Rule or Regulation |
Not mentioned |
Legal ruling and communication, dated 6 July 2001, by Carlos Cabal and Marco Pasini Bertran ("Pasini"), currently under detention in Port Philip maximum security prison awaiting extradition to Mexico. They claim to be victims of violations of articles 7, 10, paragraphs 1 and 2 (a), and 14, paragraph 2, of the International Covenant on Civil and Political Rights, by Australia. The prisoners are appealing due to their experiences of violence and negative health outcomes as a consequence of being incarcerated. |
Universal Declaration of Human Rights |
Universal Declaration of Human Rights; G.A. Res. 217A (III). Art 25.1; 1948 |
Global |
Legal Rule or Regulation |
Not mentioned |
‘Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction’. |
UNODC |
Handbook on Prisoners with Special Needs; 2009; Criminal Justice Handbook Series; Vienna |
Global |
Report |
Transgender Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies that diverge from the normative gender role (man or woman) commonly, but not always, assigned at birth, as well as the role traditionally held by society. |
The UN report from Vienna, highlights transgender inmates experiences such as abuse, stigma, discrimination and victimization; treatment by correctional officers with inappropriate strip searches; transition related care, hormone, surgery and the role of Yogyakarta Principle 9. |
WHO |
Prisons and Health; 2014 |
Global |
Report |
Not mentioned |
The WHO report details the role of the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity and the right to treatment with humanity while in detention |
Kosilek v. Maloney |
221 F. Supp. 2d 156 (D. Mass. 2002); 2002; US District Court, D. Massachusetts; CIV.A.92-12820-MLW |
US |
Legal Rule or Regulation |
Not mentioned |
The legal rule and case of Kosilek v Maloney, 2002. |
WPATH |
Standards of Care for the Health of Transsexual, Transgender, and Gender-Nonconforming People; 2012 |
US |
Report |
Not mentioned |
The complete Standard of Care put forward by the WPATH. |
Yogyakarta Principles |
The Yogyakarta Principle: additional principles and state obligations on the application of international human rights law; 2006; Geneva |
Global |
Report |
Gender expression '‘gender expression’ as each person’s presentation of the person’s gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioral patterns, names and personal references, and noting further that gender expression may or may not conform to a person’s gender identity' |
The report outlines the complete Yogyakarta Principles. It details 29 principles, including rights to universal enjoyment of human rights, life, fair trial, work, education, movement and accountability. |
Yogyakarta Principle plus 10 |
The Yogyakarta Principle plus 10: additional principles and state obligations on the application of international human rights law; 2017; Geneva |
Global |
Report |
Gender expression '‘gender expression’ as each person’s presentation of the person’s gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioral patterns, names and personal references, and noting further that gender expression may or may not conform to a person’s gender identity' |
The report builds on the existing set of principles to include a further nine additional principles based: state protection, legal recognition, bodily and mental integrity, discrimination, protection from poverty, sanitation, human rights, truth and cultural diversity. |