Deprived of liberty deprived of rights Trans people

Deprived of liberty – deprived of rights? Trans people in prison Vic Valentine Scottish Transgender Alliance Policy Officer Equality Network vic@equality-network. org

Starting point o In Scotland, trans people are protected by the Equality Act o However, the EA does allow single-sex services to discriminate against trans people in some ways • Scotland has same legislation as rest of UK – but England Wales house people based on their “legal gender” – which has led to high profile deaths of trans women in custody in the last year o So we had to convince the Scottish Prison Service why a trans inclusive policy was important

Starting point “We’ve never had any transgender people in our prison. We’ve had a few guys arrive wearing women’s clothes, some of them had even grown breasts, but we just told them to stop that nonsense. This is a men’s prison and they are men really. ” - Line Manager during a meeting with the STA in 2008 around the need for a trans policy

How we got the policy agreed to o Trans people in the UK are able to legally change their gender without having genital surgery o A court case in England established that a trans woman who had a Gender Recognition Certificate who had not had genital surgery must be placed in a female prison o This established a starting point for selfdetermination

How we got the policy agreed to o o o With reference to equality legislation Minority stress of trans people Issues around people in custody’s mental health Lack of safety of being housed in incorrect facilities Used as a draft until the SPS felt comfortable Slow process – policy published in 2014 (and meetings began in 2008)

How it works: for trans prisoners arriving in custody o Person is placed in the prison which matches their gender identity and their social gender role • No requirement for any particular medical interventions, but do need to demonstrate they have socially transitioned o Outlines searching protocol for staff o Requires them to record how they are treating a trans person, and to hold a case conference within 7 days o Allows trans people in custody to have access to items which help them with gender dysphoria

How it works: for trans prisoners coming out in prison o Outlines how decisions should be made about when a person in custody should be moved to different gender facilities o Emphasis placed on safety of all people in custody o Provides guidance for prison service staff on trans issues o Allows for consultation with STA at case conferences/through requests from prison staff o Helps prison staff then focus more holistically on other needs of the person in custody – i. e. wider mental & physical health needs

Key Lessons o Cisnormative and heteronormative barriers must be broken down o Justice agencies and particularly prisons are resistant to change o Relationship building is a slow process and often requires other partners o Publishing a policy is the beginning, not the end of the process

What could still be improved? o Better communication from prison service to STA o Better inclusion of non-binary people within the policy and practice o Better emotional and practical support for people transitioning in prison o Better privacy within shower facilities in some of the prisons

Contact Info: o Scottish Transgender Alliance o Equality Network, 30 Bernard Street, Edinburgh, EH 6 6 PR o Office: 0131 467 6039 o Email: sta@equality-network. org o www. scottishtrans. org o www. facebook. com/scottishtrans. org o @Scottish. Trans on twitter