UK: Trans woman wins prison transfer
http://news.bbc.co.uk/2/hi/uk_news/8237886.stm
Transsexual wins prison transfer
The refusal to move a transsexual prisoner from a men's jail to a women's prison is a violation of her human rights, rules the High Court.
Deputy Judge David Elvin QC quashed Justice Secretary Jack Straw's decision to keep the 27-year-old, who cannot be identified, in a male prison.
The prisoner would be moved "as soon as possible", the court heard
Referred to as "A", she is serving a life sentence for manslaughter and attempted rape, committed when a man.
London's High Court heard the prisoner should be moved within a few weeks.
Deputy Judge Elvin 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."
Barrister Phillippa Kaufmann, for the prisoner, described her as "a woman trapped inside a man's body".
Although apparently born male, "A" later had her womanhood recognised by law - under the Gender Recognition Act 2004 - and her birth certificate amended accordingly.
Awaiting surgery
Hair on her face and legs had been removed by laser, and she had developed breasts from hormone treatment.
She is now awaiting gender reassignment surgery, but is not allowed to undergo the procedure while still in a men's prison, her lawyer has said.
"A" is currently detained on a "vulnerable prisoners" wing, and forbidden from wearing skirts, blouses and more than "subtle" make-up.
The Ministry of Justice and prison authorities argued that "A" was no more likely to be accepted at a women's prison, where she would require long periods of segregation at an extra cost of £80,000 a year.
They also argued that transfer might have a serious impact on her mental health, making it more difficult for her to reduce her level of risk to society and win early release.
Transsexual wins prison transfer
The refusal to move a transsexual prisoner from a men's jail to a women's prison is a violation of her human rights, rules the High Court.
Deputy Judge David Elvin QC quashed Justice Secretary Jack Straw's decision to keep the 27-year-old, who cannot be identified, in a male prison.
The prisoner would be moved "as soon as possible", the court heard
Referred to as "A", she is serving a life sentence for manslaughter and attempted rape, committed when a man.
London's High Court heard the prisoner should be moved within a few weeks.
Deputy Judge Elvin 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."
Barrister Phillippa Kaufmann, for the prisoner, described her as "a woman trapped inside a man's body".
Although apparently born male, "A" later had her womanhood recognised by law - under the Gender Recognition Act 2004 - and her birth certificate amended accordingly.
Awaiting surgery
Hair on her face and legs had been removed by laser, and she had developed breasts from hormone treatment.
She is now awaiting gender reassignment surgery, but is not allowed to undergo the procedure while still in a men's prison, her lawyer has said.
"A" is currently detained on a "vulnerable prisoners" wing, and forbidden from wearing skirts, blouses and more than "subtle" make-up.
The Ministry of Justice and prison authorities argued that "A" was no more likely to be accepted at a women's prison, where she would require long periods of segregation at an extra cost of £80,000 a year.
They also argued that transfer might have a serious impact on her mental health, making it more difficult for her to reduce her level of risk to society and win early release.