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. 2020 Jun 16;21(3):258–306. doi: 10.1080/26895269.2020.1772937

Table 4.

Country specific results and policies.

Country* (Number of articles**) Country policy toward TG*** inmates Overall climate toward TG inmates (positive/negative/neutral)
Australia (4) Multiple anti-discrimination legislation across territories, with general uniformity. Definition of TG differs per territory and therefore when a TG person enters the criminal justice system, their treatment depends on their location. Very limited knowledge of treatment of TG inmates.a Neutral – needs more research to be conducted to understand attitudes
Brazil (2) Reports of self-harm, sexual violence and assault as well as maltreatment by officers. Transgender inmates are not considered separate or different from the general inmate population and so they must dress and cut their hair the same as cis-gender men and are not allowed hormone treatment.b Negative – gender binary is maintained, with no acknowledgement to TG
Canada (3) Correctional Service Canada (CSC) policy was updated in 2017 The changes enforce that TG inmates will be afforded the same protections, dignity and treatment as other. Inmates housed based on their gender identity rather than physical anatomy.c,d Positive – new policy changes reflect equal rights and protection
Hong Kong (1) ‘Transgender inmates who have not undergone reassignment surgery do not have the right to serve their time in prisons for the gender they have chosen’. They are therefore subject to strip and cavity searches amongst the general population. Many TG inmates experience sexual harassment while in custody.e Negative – policy changes required
Ireland (1) There is currently no policy regarding the housing and treatment of TG inmates in Ireland. However, if individuals have had SRS + before entering prison, they are provided with a new birth certificate to reflect the physical changes.f Negative – policy changes required
Italy (2) There are protected sectors for transgender inmates and the situation has seen improvements recently, in regard to less violence and discrimination from other inmates as well as prison officials. Prison workers receive tailored courses and training programs for interacting with TG inmates in an appropriate manner.g Positive – changes originate from the 1980s onwards that look to ‘humanise the penitentiary system’
South Africa (1) It is reported that no condoms are distributed in prisons. 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’.h However, changes are taking place as in 2019, a transwoman won the right to express her gender identity in the male prison that she is housed.i Neutral – albeit lagging behind some countries, changes are taking place
Thailand (1) Transgender is recognized as a third gender in Thailand. However, the UNDP conducted an audit of the rights of TG inmates in Thai prisons in 2018 and found that they ‘experience challenges in accessing basic services, as well as sexual harassment by other inmates’ and ‘that correctional officers often lack knowledge of transgender issues, resulting in increased stigma and stereotyping of transgender inmates’.j Neutral – state and prison policy needs to reflect the recognition of TG that is embedded in Thai culture
UK (13) TG inmates are allowed to dress in line with their gender identity and they have access to gender-related healthcare. However, housing is decided on a case-by-case basis and so there can be a delay in processing and searches remain to be conducted as an individual was housed.k Positive – changes are ongoing and are more liberal than other countries
US (65) Under the Trump administration, protective policies have been rolled back after prisoners have challenged policies and human rights.l Similar to Australia, policies vary depending on States. For a breakdown of state specific policies toward TG inmates see Routh et al. (2017). Negative – there has been a regression in progress of TG rights
Europe (1)    
Global (17)    
*

Countries do not equate to the total number of sources (n = 58) as some sources cover multiple countries.

**

Total literature found during all searches (database, hand and grey literature).

***

TG = transgender.

+

SRS = sex reassignment surgery.

aLynch and Bartels (2017).

bHochdorn et al. (2018)

cHarris (2017).

dHarris (2018).

eLau (2018).

fIrish Penal Reform Trust (2016).

gChianura et al. (2010).

hArnott and Crago (2009).

iVenter (2019).

jUNDP Thailand (2019).

kPrison Reform Trust (2016).

lReuters (2018).