4 issues for transgender in female prisons
In October 2015 while the Tara Hudson Campaign #PRISONTRANSFORM made international news, events have changed quickly. Since this campaign, two other trans prisoners have died. Tara Hudson had a short prison sentence and has been released from the female prison HMP Eastwood Park. Last week in a written statement by Caroline Dinenage a review into the care and management of transgender offenders was announced.
Of course, a lot has changed since October 2015.
A lot.
Although the prison establishment remains, it is now recognised that placing prisoners according to their legally recognised gender is complex. What it takes to provide a humane prison system for trans prisoners is complex and an outdated judicial system does not give the same human rights as other prisoners.
I’ve recently started this niche site to support researchers and practitioners about issues relating to women in prison — see previous trans prisoner post here. Somebody recently pointed out to me that issues relating to trans in prisons is an issue that needs to be explained.
The issues I will introduce are related to the Fight For #PrisonTRANSform petition and from the written statement from the Ministry of Justice and Caroline Dinenage MP. The content of both of these documents have issues in common. They are both referring to how prisons, probation and youth justice services can consider improvements. In particular the petition requests that issues that constitute life-threatening dangers faced by trans prisoners are addressed.
A couple of months following the beginning of the petition, this post will discuss four areas that are relevant for trans prisoners within the female prison estate. This post isn’t designed as a political statement about what to do, or how to do it : but why. I’ll be outlining organisations who are experts in different areas of the trans community. For those of you looking to know about the main issues and how to put into practice improvements now a good site to visit is the Gender Identity Research and Education Society…
I first came across issues relating to trans prisoners in September 2015. A researcher explained that she is working within a University that has a specialist department. Through this knowledge I came across GIRES’ website that provides an amazing guide, gires. This site is unlike any other website. It provides information including support that is
Actionable.
Clearly written.
And most important of all, useful for practitioners and professionals.
But this site does not explain about transgender in female prisons…
A LOT has changed recently and the issues relating to trans prisoners have been publicised in many ways.
In fact, media articles are starting to recognise the complexity of the situation for trans prisoners. This is an example of some of the recent headlines:
�At this point, you may be wondering:
“Well, what are the issues for female prisons?”
FIRST: what will THE PREFERRED method of demonstrating GENDER THAT WORKS?
Here’s the outline:
It is now recognised that having a Gender Recognition Certificate is not working. The written statement for a review explains that placing an adult prisoner according to their legally recognised gender is not suitable and requires local prisons to exercise local discretion.
But the problem with discretion means that power over trans prisoners is given to local bureaucrats, medical professionals and others. The petition claims this legal evidence should not be limited to a driver’s licence, doctor’s note or passport.
WHAT APPLIES in other areas
Research has shown that it is not just individuals that experience discrimination and marginalisation but also their families and carers. (Cartwright, Hughes and Liener, 2012). The LGBT Adult Social Care Outcomes Framework document (2014) explains that many people fear using generic mainstream care services. This document reports that health and social care policy and practice is often underpinned by attitudes that are cisgender.
Bottom line: Today’s attitudes within society are still heavily-reliant on either the legal or medical professions. The potential for discrimination hasn’t changed. What HAS changed is the acknowledgement that the criminal justice system needs to review its policies and assigning individuals to prisons where they will be put at risk.
Two: FOCUS ON training professionals about the language they use
The overall purpose to GIRES refers to improving the lives of trans and gender non-conforming people. The language used includes referring to people who are non-binary and non-gender.
Today, the review explains that the Ministry of Justice will be engaging with the relevant stakeholders, including representatives from the trans community. But the issue remains that prisons represent a single gender status and the female prison estate is smaller than the male prison estate.
While training courses are available, they are not focussed on issues specifically for transgender in female prisons. Research has been conducted in the United States, however this is a different jurisdiction and not comparable to prisons elsewhere in the world.
The petition from #PrisonTRANSform recommends that up-to-date trans awareness training for all involved with the UK Judiciary and Prison systems is provided. Although training will be beneficial, this will take time to become a reality. In the meantime resources can be found through accessing the GIRES website or through accessing new resources. For example:
Provide resources about alcohol and mental health. To sign up for future publications and events this is the link: The national lgb&t partnership
Bottom line: training for professionals and the language they use is not a simple strategy. It will depend on the quality and issues covered.
Three: UP-Dating the care and management of transsexual prisoners and guidelines
Back in the day, the guidelines for prisoners were dependent on localised rules. Criminal justice systems depended on national legislation, rules and guidelines.
This does not necessarily apply to female prisons anymore. Today, international campaigning organisations as well as the United Nations are recognising that trans prisoners have a higher risk of torture, ill-treatment, and violence from other prisoners.
In fact, a publication from the United Nations is called Born Free and Equal and makes five recommendations. This document recognises that Imprisonment does not mean people lose their human rights and they should not be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 5 of the Universal Declaration of Human Rights).
Very little research has provided a voice to trans prisoners and in academic terms this area is currently un-theorised. A recent study found that transgender prisoners should not only be housed within a prison according to their gender identity but also if possible they could be housed with other LGBTQ prisoners (Lydon et al, 2015). The problem with this type of recommendation is not only could it justify imprisoning more trans prisoners but also it is simplifying their issues. There will not be a one-size fits all solution. The complexity of issues relating to trans prisoners can be found within an organisation that focuses on imprisonment and a recent document that has published the stories of LGBT prisoners.
This is a letter writing project for lesbian, gay, bi-sexual, transsexual, gener-variant, intersex and queer prisoners within the United Kingdom. This project supports prisoners with a range of issues. The aim of this organisation is to challenge the values and assumptions that allow the current prison system to be maintained — bent bars project
Inside and out is a publication written by LGBT people within HMP/YOI Parc from prisoners and people who work within this prison. This book was published in September 2015 and can be found at the following link Inside and out. The beginning of the story by Linda called Trans in Prison, highlights some of the issues and that a one-size-fits all policy framework will not be suitable.
As you can see, guidance will depend on international, regional and national policy frameworks as well as individuals voices. Currently the female prison estate is in the process of change, however issues of transgender within these prisons are not publicly debated.
Bottom line: guidance provided will need to take into account a range of issues. This will depend not only on international human rights but also the diversity of issues relating to trans in female prisons.
Four: An in Depth review, WHAT’S CHANGED?
The in-depth review has been part of a petition by Fight for #PrisonTRANSform.
Before this petition and the deaths of two people, there was little public awareness. The petition asked for the four issues discussed in this blog. On 8 December, the Ministry of Justice announced that a review would take place. While the petition wanted an in-depth review taking into account that trans people are housed in the correct facilities, this does not appear to discuss issues relating to the conditions within female prisons.
The blog research for women in prison will continue to track developments and compliment the work of researchers and practitioners.
Bottom line: the focus over the next few months will be to follow developments and to monitor the outcomes of this review.
