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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: Belgium is faced with staff outing them as a transgender.
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There is no evidence to suggest that it is an issue in SPS.
Do you have a policy about the uniform, post occupancy, body search?Yes – the SPS TRANSSEXUAL STAFF EQUALITY POLICY 2006 (see extracts below). This policy is 10 years old and SPS is in the process of drafting a new policy which proposes that 1) “Trans employees would be entitled to access any other workplace entitlements (for example, gender-appropriate uniforms) in accordance with their gender identity”; and 2) “once the person permanently changes the gender in which they live and work they would conduct searches in accordance with their social gender”. This mirrors the searching procedures for trans prisoners. This is how SPS would expect to manage the situation, but as yet has not had to do so in practice. The self-ordering process for uniforms also enables staff to select whatever types of shirt/blouse/trousers they want. This is positive for trans officers as they can choose what they prefer. Uniform & Non-Uniformed Dress Standards 2013 Uniform Standard • Uniform shirt or blouse • Clip on uniform tie, when a shirt is worn SPS TRANSSEXUAL STAFF EQUALITY POLICY 2006 3.2 At some point the member of staff will want to start to live full time in their ‘new’ gender, and their name and other records (such as their driving licence and passport) may be formally changed. The member of staff is expected to live and work in their new gender role for a period of one year prior to any irreversible surgical intervention. This period is often referred to as the ‘real life experience’ or ‘real life test’. 3.3 One of the most important factors in the successful management of an employee's transition from one sex to the other is for HR to discuss with them how they would prefer to handle it and to follow a process agreed with them. 3.4 Each case will be different, with individuals having their own particular needs. These require sensitive handling and HR managers should encourage line managers to work closely with their colleague to ensure that the transition is as smooth as possible. 9.1 The dress code applicable to the employee's area of work will apply. However, it is good practice to allow enough flexibility in the dress code to accommodate the process of transition from one sex to the other. Employees will be entitled to a new SPS uniform, applicable to their new gender as soon as they commence their 'real life test’.
No, For staff is this not an issue. So, we have also no policy. Concerning prisoners: this is different. Depening on their gender choice is determined where they are placed.
Do you have a policy about the uniform, post occupancy, body search?For body search more or less. A female transgender employee is searched, this is done preferably by a woman; also a caught transgender is searched by a staff member of the same sex.
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No, Latvian Prison Administration does not have any information that any member of staff is a transsexual or had to face a situation where a member of staff has come out as transgender. There are no normative acts regulating situations that involve transgender staff.
Do you have a policy about the uniform, post occupancy, body search?No, there are no normative acts regulating situations that involve transgender staff.
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No
Do you have a policy about the uniform, post occupancy, body search?No
Yes, this is an issue. The Swedish Prison and Probation Service have Guideline for equality and Strategy for working with LGBTQ issues. They are based on Sweden’s Discrimination Act, which in turn is based on UN Universal Declaration of Human Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms. However, the Guideline and Strategy does not specify policy or practice on how to act when either staff or prisoners are transgender. The situation now is that each case is handled individually and that is not a desirable situation where we know that transgender persons are more at risk of being subjected to various forms of discrimination. A current work in progress that is specified in the Strategy for working with LGBTQ issues is the Action Plan, which contains a number of concrete actions. Among other things it includes developing policy and procedures for issues concerning transgender persons, including both staff and prisoners.
Do you have a policy about the uniform, post occupancy, body search?We do not have an existing policy, but these issues are addressed in the Action Plan mentioned in our reply to the previous question.