Prison Service Violates Transsexual’s Human Rights

Deputy Judge David Elvin QC has quashed Justice Secretary Jack Straw’s ruling that pre-op male-to-female transsexual prisoner ‘A’ should be kept in a male prison. Straw’s ruling had come despite ‘A”s having been recognised as a woman ‘for all purposes’ three years ago under the Gender Recognition Act 2004. In disagreeing with Straw, the judge said:

“It follows that, so long as the claimant remains within the male prison estate, she is unable to progress towards the surgery which is her objective.”

This “interferes with her personal autonomy in a manner which goes beyond that which imprisonment is intended to do”, he said.

“I declare her continued detention in a male prison is in breach of her rights under Article 8 (right to private and family life) under the European Convention on Human Rights.”

Disgracefully the Prison Service said it was ‘disappointed’ at the ruling. Clearly a disregard for human rights has now crept from the Home Office and its agencies to the Ministry of Justice. But it’s an impressive demonstration that human rights must apply to (and be accessible by) all.

(via Equality and Human Rights Commission)