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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: The Norwegian Correctional Service would like to gather information on how other jurisdictions handle the challenge of transgender / transsexual inmates. This is not covered in the Norwegian legal framework. Consequently this raises issues with regard to how the Correctional Service best should handle the situation when a transsexual/ transgender person is incarcerated. Definitions: Transgender – the state of one’s gender identity and gender expression not matching one’s biological sex. Transsexual - a person having a strong desire to assume the physical characteristics and gender role of the opposite sex or a person who has undergone hormone treatment and surgery to attain the physical characteristics of the opposite sex.
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It depends on the genitals. Transsexual/transgender inmates with female genitals are assigned to a facility for female inmates. Transsexual/transgender inmates with male genitals are assigned to a facility with male inmates.
Is this topic regulated in law/circular/guidelines etc.?No.
At what stage in the sex change process is the change regarded as complete (judicially or otherwise)?The change is regarded as complete with a judically decision.
Some countries allow its inhabitants to change legal gender before the person has completed the sex change process. If this is the case for your country: What significance is given to such a formal legal conversion in cases where the person has not begun?The first name of a person shall be amended at request by the court if the person feels belonging to the other gender because of the transgender embossment and feels to live in the other gender since three years. It has to be very probable that the sense of belonging to the other gender does not change.
We base our decision on the legal gender, but: - We also make an individual estimation, i.e how we experience the person in question - We also ask the inmate how to identify his/her gender. It is common that whether it is a female to male (FTM) or male to female (MTF), they are placed at a women's facility. This is because there often is a more "allowing" climate at a women's facility.
Is this topic regulated in law/circular/guidelines etc.?Yes, it’s regulated in the law of discrimination. The Swedish prison and probation service has a strategy for the work on hbtq-questions and the goal is to create the conditions for realizing everyone's equal rights and opportunities in the work, regardless of sexual orientation, gender identity or gender expression.
At what stage in the sex change process is the change regarded as complete (judicially or otherwise)?This is not mainly a question for the Swedish Prison and Probation services but for other authorities. Briefly, this can be said. Generally, before giving permission to change their legal gender, based on the diagnosis of transsexualism, he/she needs to have been in contact with the care of gender confirmatory (gender correction) for at least two years. However, there are many who choose not to change their legal gender, based on the fact that the process sets different requirements.
Some countries allow its inhabitants to change legal gender before the person has completed the sex change process. If this is the case for your country: What significance is given to such a formal legal conversion in cases where the person has not begun?This is not mainly a question for the Swedish Prison and Probation services but for other authorities. Briefly, this can be said. This question relates to both question 1 and 3. In Sweden, it is possible to change their legal gender before performing gender surgery. Usually this is interrelated. You are applying for these two processes at the same time. However, it’s difficult at this stage to change their legal gender before getting into the gender confirmatory care. This process is a period of at least two years. And if we look at the Swedish prison and probation service, we have the ability to abandon the legal gender when we place the inmate in to a facility which means that we make an individual estimation.
In Slovenia inmates are placed in prison according to the Instructions on placing prisoners in prisons. Whether someone is placed in a male or female prison is primarily dependent on the registry (registration to matriculate) and gender mark in the personal document (Birth Certificate, ID or Passport). We have legally in Slovenia only dual gender system but professionalism, respect and sensitivity should be maintained at all times in cases of transgender/ transsexual inmate. Our staff respects the inmate’s gender identity and must avoid discussing the inmate’s situation in front of other inmates.
Is this topic regulated in law/circular/guidelines etc.?As it is evident from the previous answer, this topic is not covered by the law at all. The procedure of gender transformation is set out in the Rules on the Enforcement of the Civil Register Act.
At what stage in the sex change process is the change regarded as complete (judicially or otherwise)?The basis for issuing the decision is confirmed by the competent medical institution or a doctor, which shows that the person has changed gender. Sex change shall be entered on the basis of a decision of the competent authority with a change in the registered data.
Some countries allow its inhabitants to change legal gender before the person has completed the sex change process. If this is the case for your country: What significance is given to such a formal legal conversion in cases where the person has not begun?In Slovenia the basis for issuing the decision is as it is described in previous answer.
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According with Section 2 Part 1 of the Prisons Administration Law, The Prisons Administration (hereinafter – Administration) is a State administrative institution subordinated to the Ministry of Justice, which implements State policy in the field of detention as a security measure and the deprivation of liberty as the execution of a criminal punishment. Normative acts, that regulates the placement of detainees and inmates, do not use such criteria as transgender. Section 11 of the Law On the Procedures for Holding under Arrest states the Accommodation of Arrested Persons in an Investigation Prison or in an investigation prison department in another imprisonment place: (1) An arrested person and a convicted person who have been placed in an investigation prison in the cases stipulated in the laws and regulations governing execution of criminal punishments shall be placed in the investigation prison in a closed room (cell). (2) Arrested men and women, as well as minors and adult arrested persons shall be accommodated separately. (3) Upon instruction of a person directing the proceedings persons arrested within the scope of one criminal proceedings shall be accommodated separately. (4) Arrested persons shall be accommodated separately from convicted persons, except the case when convicted persons are placed in an investigation prison due to committing another criminal offence. (5) If an arrested person is an employee or former employee of the Latvian Prison Administration, police, Prosecutor’s Office, courts, Corruption Prevention and Combating Bureau, Military Police or Constitution Protection Office, his or her spouse or a relative of first degree, the abovementioned person shall be placed separately from other arrested persons. (6) The arrested persons who have not served the sentence in deprivation of liberty institutions before arrest shall be placed separately from other arrested persons. The arrested persons shall be placed in cells taking into account internal security, as well as (as much as possible) individual characteristics and psychological compatibility. Section 13.2 of the Sentence Execution Code of Latvia states the placement of inmates in an imprisonment place: Inmate placement commission, established according with the order from the head of the imprisonment place, determines in which department, unit and cell of the imprisonment place the inmate shall be placed, taking into consideration the vacant spaces in cells, inmate psychological compatibility, health condition, attitude regarding smoking, previous criminal experience. Inmate, who has helped uncover a crime committed by another person and for whom the court in the order as stated in the Criminal Law has reduced the punishment specified in the judgment, is placed separately from other inmates if the inmate has requested it. If the inmate is an employee or former employee of the Latvian Prison Administration, police, Prosecutor’s Office, courts, Corruption Prevention and Combating Bureau, Military Police or Constitution Protection Office, his or her spouse or a relative of first degree, the abovementioned person shall be placed separately from other inmates. In addition, investigation prison or imprisonment place administration, when deciding on the placement of the detainee or inmate, uses the documents in the personal file and personal identification documents from which the gender of the detainee or inmate can be concluded.
Is this topic regulated in law/circular/guidelines etc.?No.
At what stage in the sex change process is the change regarded as complete (judicially or otherwise)?-
Some countries allow its inhabitants to change legal gender before the person has completed the sex change process. If this is the case for your country: What significance is given to such a formal legal conversion in cases where the person has not begun?-
Presently, the decision of where to place a transgendered or transsexual person is made by the institution, which the inmate is assigned to. The decision will be made under due consideration of the safety of the inmate as well as the safety of fellow inmates in the designated unit and general order within the unit and institution. In case of a complaint by the inmate the matter will be addressed by the relevant authorities.
Is this topic regulated in law/circular/guidelines etc.?Since 2014 it has been possible for a transgendered person to apply for a change of legal gender, regardless of birth gender. There are no subsequent laws or guidelines addressing the matter of placement and gendered rights of inmates whose legal gender does not correspond with their birth gender.
At what stage in the sex change process is the change regarded as complete (judicially or otherwise)?Sex change is not a prerequisite for applying for a legal change of gender.
Some countries allow its inhabitants to change legal gender before the person has completed the sex change process. If this is the case for your country: What significance is given to such a formal legal conversion in cases where the person has not begun?See answers to question 1-3.
Transgender and transsexual inmates are assigned to a female or male facility according to their officially acknowledged gender as appears on their national identification document
Is this topic regulated in law/circular/guidelines etc.?On the one hand, at the national level the General Organic Law on Prisons 1/1979 which applies to the whole of Spain, foresees the inmate’s gender as one of the key criteria for their classification and placement in the different prison facilities. On the other hand, at the Catalan autonomous community level, there is circular regulating this particular topic, the Instruction 3/2009 concerning the internal separation and the specificities regarding the life regime of transsexual individuals in Catalan prisons and penitentiary facilities.
At what stage in the sex change process is the change regarded as complete (judicially or otherwise)?According to the Spanish legal framework, in particular Law 3/2007 regulating the registry modification of the individual’s recorded gender , the sex change has to be recorded in the General Registry Office . Once this legal requirement has been completed, the sex change process is considered to be concluded properly. Moreover in Catalonia another more specific law applies, the Law 11/2014 on the rights of lesbian, gay, bisexual, transgender and intersexual and aimed at eradicating homophobia, biphobia and transphobia, which provides guidelines for the Catalan government agencies on these matters. This Catalan law also enables the use and acknowledgement of the chosen gender in a number of other areas. Finally, in the Catalan prison facilities, the above mentioned Instruction 3/2009 provides legal base for the transsexual or transgender inmates to ask for their chosen name to be used by prison staff instead of their assigned name. This Instruction also lays down the life conditions that should be observed in prison facilities in order for the inmate’s gender to be respected.
Some countries allow its inhabitants to change legal gender before the person has completed the sex change process. If this is the case for your country: What significance is given to such a formal legal conversion in cases where the person has not begun?According to the above mentioned Law 3/2007, in Spain it is not a requirement for the individual to undergo sex reassignment surgery in order to legally formalize their gender change or name change. In Catalonia, in the prison settings as well as in other areas such as in universities or in the health system, protocols and internal regulations have been set up which allow practitioners to address inmates by their chosen name regardless of whether the individual has undergone sex reassignment surgery or has completed the legal steps to obtain the official gender and name changes from the General Registry Office.
Transgender and transsexual persons are extremely rare among prisoners in Croatia and there is individual approach applied given the lack of a legal framework regulating this specific issue in the area of the penal system. The gender of an individual is determined according to personal documents and other relevant documents as well as the transitional process documentation issued by the national health authority responsible for transnational / transsexual issues and taking into account the preferences of the person if the transition process is not yet completed. We also try to take into account the potential risks of self-injury and / or injuries and potential threats from other people. Over the last ten years only two persons have been reported being in the transitional process during their stay in the criminal bodies. First case: One person was on hormone therapy in the M2F transition (male to female) and was referred to the women's prison department but was staying in a separate room. That person did not get permission from the legal authorities to change their name and gender in their personal documents. The national body responsible for transnational / transsexual issues in this case is now considering stopping the transition process due to its psychopathology. Second case: The person was in the in the F2M (female to male) transition process with almost fully completed transition process after several surgical operations and has legally changed gender facts in personal documents. During his first admission to the criminal body, person (in accordance with a legally changed gender fact) was referred to a men's department. However, after a while the person asked to be placed in the women's department for his own security. During his second stay in prison (both sentences were of relatively short duration), the person had no difficulties in finishing his prison sentence in men’s department.
Is this topic regulated in law/circular/guidelines etc.?In general, the theme of gender change and / or life in another gender identity is regulated: - The Personal Name Act, - The Law on State Numbers, - The Health Care Act, - Regulation on the manner of collecting medical documentation and establishing conditions and assumptions for sex change or life in another gender identity of the Ministry of Health, - Professional guidelines for giving opinion of health workers and psychologists on the determination of the conditions and assumptions for gender change or life in another gender identity of the Ministry of Health - Professional guidelines for creating an opinion of the Center for Social Welfare on the personal and family circumstances of the applicant on the conditions and assumptions for sex change or on the life of another social identity of the Ministry of Social Welfare.
At what stage in the sex change process is the change regarded as complete (judicially or otherwise)?Regulation on the manner of collecting medical documentation and establishing conditions and assumptions for sex change or life in another gender identity of the Ministry of Health, acknowledges under the sex change only a complete transition among transsexual persons who live in another gender identity, taking hormone therapy and completed surgical transformation (vaginoplasty or mastectomy with methoidoplasty or faloplasty).
Some countries allow its inhabitants to change legal gender before the person has completed the sex change process. If this is the case for your country: What significance is given to such a formal legal conversion in cases where the person has not begun?To transgender persons who do not want hormonal and surgical treatment or can not access it because of a compromised health condition, a life in another's gender identity can be acknowledged. Surgical adaptation of sex is also not a condition, nor is the legally obligatory removal of gonad, ie castration. In Croatia, according to WPATH Worldwide Professional Association for Transgender Health, it is neither legitimate nor ethical to seek surgical interventions and castration for the recognition of life in another gender identity.
The SPS has a Gender Identity and Gender Reassignment policy that was launched in 2014 and is available on the SPS website.
Is this topic regulated in law/circular/guidelines etc.?2010 Equality Act in the UK. The Act defines gender reassignment as a protected characteristic. People who are proposing to undergo, are undergoing, or have undergone a process to reassign their sex by changing physiological or other attributes of sex have the protected characteristic of gender reassignment.
At what stage in the sex change process is the change regarded as complete (judicially or otherwise)?The 2010 Equality Act and SPS policy, The reassignment of a person’s sex may be proposed, but never gone through; the person may be in the process of reassignment their sex; or the process may have happened previously. It may include undergoing the medical gender reassignment treatments, but it does not require someone to undergo medical treatment in order to be protected.
Some countries allow its inhabitants to change legal gender before the person has completed the sex change process. If this is the case for your country: What significance is given to such a formal legal conversion in cases where the person has not begun?Yes, see answer to question 3.