New international report on the placement of trans and non-binary prisoners

[June 2024] A new international report has been published providing policy guidance on placement decisions for trans and non-binary people in prison. The report was produced jointly by Penal Reform International (PRI) and Tran Europe and Central Asia (TGEU).

The report acknowledges that “Trans and non-binary people in prison face high risks for their wellbeing, health and safety. These include the risks of physical, sexual, and psychological violence from both staff and their peers. The harassment and discrimination that trans people then experience in prison reflects wider stigma and discrimination in society and is often compounded by other forms of discrimination, including race and poverty.”

The report identifies key issues that policy-makers should consider in placement decisions for trans and non-binary people.

This includes:

  • Protecting the human rights of trans and non-binary people, including the right to self-determination

  • Taking a broad-based approach to preventing violence, harrassment, and abuse

  • Ensuring participation of the person in question in decisions

  • Using individualised / case-by-case decision-making

  • Ensuring equal access to services and facilities

  • Upholding principles of non-discrimination and dignity

The report references material produced by Bent Bars, including our concerns about the recent changes to the transgender prison policy in England and Wales (see our previous post on this from February 2023).

Bent Bars supports policy efforts that work towards reducing harm and violence faced by all prisoners and we welcome many of the recommendations raised in the report. We also believe that fully ending harm and violence in prisons requires an end to the use of imprisonment. For this reason we advocate strategies that work to reduce the use of prisons and address the wider social, economic, and political factors that funnel people into prison in the first place.

The full report, Placement of trans and non-binary people: A Guide for Prisons, is available here.

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