In recent years, support for the classic idea that gender is binary has been declining. Within the prison system, however, binary genders are still assumed. Questions are emerging not only around the placement of transgender prisoners in a male or female facility, but also with regard to the treatment of this group during their imprisonment. Currently, no reliable estimate exists of the population of transgender people in European prisons. However, a recent study in England and Wales revealed that approximately two percent of prisoners in adult male prisons self-identified as transgender. International literature shows that transgender prisoners are vulnerable for human rights violations, e.g. because of the heightened risk of discrimination and abuse.

 

In this presentation, the human rights standards that have been developed in relation to the placement and protection of transgender prisoners in the context of the Council of Europe will be explored. It is especially the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) that has offered guidance in relation to the placement and protection of transgender prisoners.

 

During the presentation, also recently published pioneering research on the position of transgender prisoners in the Netherlands will be presented. This research has focused on the size of the group transgender prisoners and the experiences of transgender prisoners within the Dutch prison system.

 

The presentation will conclude with recommendations on the treatment of transgender persons in prison in order to ensure a safe and humane detention for this vulnerable group.