A legal battle over transgender prisoners begins Tuesday at Scotland's highest civil court. For Women Scotland is challenging the Scottish Government's policy allowing trans women in female-only prisons, a controversy reignited by the case of trans rapist Isla Bryson who was initially housed with female inmates after conviction.
The judicial review at the Court of Session in Edinburgh centres on whether biological males identifying as women should be placed in women's prisons. The case follows a UK Supreme Court ruling last April that defined "woman" in the Equality Act as referring to biological women, a victory For Women Scotland secured.
Government defends "individualised assessment"
The Scottish Government argues in legal papers published ahead of the hearing that a «blanket rule» preventing «transgender prisoner can only be placed in the prison according to their biological sex would violate the rights of some prisoners». Officials contend such a policy could create an «unacceptable risk of harm» given the «known increased risk of suicide for transgender individuals».
The government points to previous placements that have «not given rise to any significant operational issue». These include inmates with gender recognition certificates, those living in their acquired gender «for decades», and a «transman of masculine appearance». Placement decisions involve an «individualised assessment» «informed by evidence», particularly suicide risks in inmates' first three months.
Women's rights "routinely" violated, group argues
For Women Scotland counters that the government's focus on male prisoners' supposed human rights ignores women's protections. The group said: «The Scottish Government's argument makes a great deal about the supposed human right of male prisoners to be placed in the female estate but, apparently, they have not considered that women also have rights. Article 3 protects everyone from torture, inhuman treatment, or degrading punishment, yet women in Scottish prisons are routinely subject to boundary violation and physical or mental abuse from the men they are locked up with.»
The organization questioned why only certain male offenders receive female prison placement if it's truly a human right: «The men we know of who are in the female estate have been convicted of brutal crimes, if they have the 'human right' to be locked up with women, why don't the others? Rather than admit they were wrong and accept the Supreme Court ruling, Scottish ministers prefer to play dangerous games with women's lives and safety.»
Rights commission backs legal challenge
The Equality and Human Rights Commission has intervened in support of For Women Scotland's case. The group welcomed this, stating the commission «does not agree with the Government's position».
The Scottish Prison Service currently houses 80% of transgender prisoners in estates corresponding to their biological sex. The controversy intensified after Isla Bryson, convicted of sex attacks on two women in 2023, was initially sent to Cornton Vale women's prison in Stirling before being moved to a male facility following public outcry.
Note: This article was created with Artificial Intelligence (AI).
