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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: As we complete our own policy for prisoners who are transgender, intersex or whose gender identity and/or expression differs from the gender assigned at birth (cisgender), the Irish Prison Service would be grateful if other EuroPris members could review and provide answers to the following questions:
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Prisoners are not treated differently because of their sexual orientation.
Are prisoners who are transgender+ accommodated in prisons or areas of prisons typically used for cisgender prisoners (i.e. are trans women accommodated in prisons/wings/landings for women and trans men in prisons for men)?There are no differences.
Can you please describe your searching protocols for prisoners and visitors who are transgender+?Searching operations are the same for everyone (for both prisoners and visitors).
Switzerland being a federal State, the overall responsibility over the prison system and the execution of criminal sanctions lies with the cantonal authorities (26 in total). To our knowledge, none of the 26 cantons has a proper policy for prisoners who are transgender. Nevertheless, in 2021, the Swiss Centre of Expertise in Prison and Probation (SCEPP) issued a “framework document” on the handling and care of LGBTIQ+ detainees also available in English: https://www.skjv.ch/sites/default/files/documents/2022-06-20_LBP_Framework_Document_the_handling_and_care_of_LGBTIQ_persons_in_detention_EN.pdf The document includes a set of recommendations, some of them relating specifically to transgender detainees. These recommendations were submitted to cantonal authorities in a formal consultation and were adapted based on their remarks. With regards to transgender detainees, respect for gender self-determination is the overarching principle that should govern their handling and care according to the framework document. This does not mean that decisions shall be made solely based on this principle, but that gender self-determination should serve as fundamental guidance and inform all decisions to ensure the respect of the detainees’ right to dignity.
Are prisoners who are transgender+ accommodated in prisons or areas of prisons typically used for cisgender prisoners (i.e. are trans women accommodated in prisons/wings/landings for women and trans men in prisons for men)?The research conducted ahead of the publication of the framework document suggests that there is no common approach regarding the accommodation of transgender detainees in Swiss prisons. Cantonal authorities retain much leeway in deciding on the accommodation of transgender detainees. As there is no automatic decision based on self-determination, accommodation is based on an individual risk assessment. SCEPP’s findings show that transgender persons were in most instances accommodated in an institution on the basis of their anatomical sex and/or civil status records. Nevertheless, in a minority of cases, transgender women were accommodated in a female facility, with reported positive outcomes. In some cases, the decision was made jointly with the person concerned. Transgender detainees, in particular trans women who were accommodated without taking into account their self-identified gender, were often housed in isolated sections for their protection, in conditions that sometimes amounted to solitary confinement.
Can you please describe your searching protocols for prisoners and visitors who are transgender+?The Swiss criminal code states that “search must be conducted by a person of the same gender” (CC, art. 85.2). Although the criminal code does not provide indication regarding the search of transgender detainees, some cantons – a minority – have regulated such searches in institution guidelines or regulations. According to the SCEPP’s findings: “Where specific instructions are in place, the most widespread practice is to ensure, if there is any doubt as to the sex of the person, that the search is conducted in the presence of officers of both sexes. The search of transgender women who have not undergone surgical reassignment is carried out, according to the practice observed in most cases, in two stages, with the upper part of the body being searched by a female officer and the lower part by a male officer. A very small minority of institutions (in the survey) chose to ask the transgender person's preference as to the sex of the officer in charge of the search and kept to this choice, regardless of anatomical characteristics and in accordance with the principle of self-determination. This approach is clearly the one that best takes into account the particular situation and the dignity of the detainee concerned.” (Framework document, p. 14). Based on the above, the SCEPP recommends to “take into consideration the principle of self-determination in gender identity as well as the opinion of the person concerned in choosing the gender of the officers in charge of the search procedure, which is in all cases carried out in two stages” (Framework document, p. 22). This approach is also promoted in the mandatory training of prison staff delivered by the SCEPP.
In the Slovak Republic, transgender is not an official gender. Inmates are not treated differently because of their sexual orientation. The determination of gender, and therefore placement, is carried out according to what the person has on his/her identity document (male/female). In accordance with our legislation, women and men are placed separately in a cell or room.
Are prisoners who are transgender+ accommodated in prisons or areas of prisons typically used for cisgender prisoners (i.e. are trans women accommodated in prisons/wings/landings for women and trans men in prisons for men)?-
Can you please describe your searching protocols for prisoners and visitors who are transgender+?-
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We do not yes have a policy for transgender prisonors, but we are currently working on a guideline for prison staff on the handling of gender minorities in the danish correctional institutions. The guideline is to be completed before mid 2023.
Are prisoners who are transgender+ accommodated in prisons or areas of prisons typically used for cisgender prisoners (i.e. are trans women accommodated in prisons/wings/landings for women and trans men in prisons for men)?Right now the practice is as follows: As a general rule, placement of convicts who must serve a prison sentence and remand prisoners in prison or detention center is based on the "CPR number". That is, the inmate's legal gender. In cases where the inmate's legal gender is different from the inmate's gender identity and/or biological sex, the placement will depend on a concrete and individual assessment. In the assessment, both the inmate's gender identity and the inmate's biological sex must be taken into account. Security considerations will, however, be decisive for the placement of the inmate, which is why weight is given to which crime the person concerned has been convicted of, and whether a given placement can be assumed to pose a security risk for the staff, the inmate himself, the fellow inmates. The upcoming guideline will have a section regaring the placement of the gender minorities.
Can you please describe your searching protocols for prisoners and visitors who are transgender+?There are no searching protocol af of right now, besides the general rule of the Sentence Enforcement, etc. (Consolidation) Act. Here it says that; "PCS. 6. Examination, which involves undressing, may only be carried out and witnessed by persons of the same gender as the inmate. However, this does not apply to healthcare professionals." The upcoming guideline will have a section regaring the searching protocol for the gender minorities.
The Swedish Prison and Probation Service (SPPS) work with placement of prisoners is ruled by Fängelselagen FäL (Act on Imprisonment, Swedish Code of Statutes 2010:610), the regulation Fängelseförordningen Fäf (2010:2010) och the directive FARK Fängelse(KVFS 2011:1)
Are prisoners who are transgender+ accommodated in prisons or areas of prisons typically used for cisgender prisoners (i.e. are trans women accommodated in prisons/wings/landings for women and trans men in prisons for men)?There are no special prisons or wings for transgender prisoners. Transgender prisoners are placed together with cisgender prisoners. The Swedish correction makes an individual risk assessment that decides in which prison a prisoner will be placed. Placements is done according to what social security number a person have. Swedish corrections do not ask if a prisoner is a transgender person. The social security number determines the sex of the prisoner. Below is an account of the pertinent legal texts, as well as an extract from The Swedish corrections internal guidelines to prison placement (2012:18) Act on Imprisonment (Swedish Code of Statutes 2010:610), Chapter 2, Section 2 Prison placement A prisoner may not be placed so that he or she is together with prisoners of the opposite sex. However, a prisoner may be authorised to be together with prisoners of the opposite sex if this is appropriate and the prisoners consent to it. The Swedish corrections internal guidelines to prison placement states that: The first sentence in the regulation implies that there is a prohibition to place prisoners of opposite sex together. The prisoner’s social security number determines the sex of the prisoner. Prisoners with a male social security number will be placed in a prison for men and prisoners with a female social security number will be placed in a prison for women. This means that if a prisoner changes their gender/sex and social security number (to the opposite gender/sex) during the prison time, he or she will be placed in a prison according to his or hers new social security number. The Swedish correction may make an exception from the prohibition. The exceptions are stated in the second sentence. A situation where it can be appropriate to use the exception is according to a special organized family activity of temporary sort. Act on Imprisonment (Swedish Code of Statutes 2010:610), Chapter 2, Section 1 Prison placement A prisoner may not be placed so that he or she is subjected to a more intrusive supervision and control than what is deemed necessary to maintain good order or security. The prisoner's need of occupation, care and appropriate release planning should be taken into consideration to the possible extent when deciding on placement. 10 § Fäf : When assessing according to the Act on Imprisonment (Swedish Code of Statutes 2010:610) Chapter 2 Placement Prison placement Section 1, the following should be taken into account in particular. 1. The risk of escape incidents, extraction, continued criminality and other misconduct, and 2. the need to avoid an unsuitable composition of prisoners, and otherwise be able to conduct an effective administration in prison. FARK Fängelse Allmänna råd till 10 § 2 fängelseförordningen (2010:2010) An unsuitable composition of prisoners can occur for example when it comes to prisoners who are convicted in the same sentence or if they are associated to the same or rival criminal group, if a prisoner is in the risk of abuse from another prisoner, or if a prisoner is to be feared to influence another prisoner to seriously disrupt order and security. To be able to conduct an effective administration in prison means among other things that regards can be taken to the Swedish corrections need to have prisons and wings with different focuses, for example treatment or nursing.
Can you please describe your searching protocols for prisoners and visitors who are transgender+?Swedish corrections do not ask if a prisoner or a visitor is a transgender person.
The Belgian prison service department has recommendations on how to deal with transgender prisoners. These recommendations support the staff as well as the managing board to guarantee transgender prisoners’ fundamental rights, according to the fundamental law of 12 January 2005 on the prison system and legal status of inmates.
Are prisoners who are transgender+ accommodated in prisons or areas of prisons typically used for cisgender prisoners (i.e. are trans women accommodated in prisons/wings/landings for women and trans men in prisons for men)?There are no separate prisons or prison sections or wings for transgender prisoners and cisgender prisoners. The Belgian policy on transgender prisoners is based on inclusion and diversity, and the respect for each human being in detention, regardless of its gender identity and gender expression. Nevertheless, a classification decision of a prisoner to a men or women prison or section has to be taken and it will be based on different issues and considerations, such as the personal security of the individual prisoner, the order and security within the penitentiary institution and the specific preferences of the transgender inmate. The offences committed by the prisoner, will also be taken into account and the prison principal can ask for advice by different prison services, such as the psycho-social service, medical service, staff,... in order to establish a proper risk analysis.
Can you please describe your searching protocols for prisoners and visitors who are transgender+?There are no specific protocols on transgender prisoners or visitors. In general, every prisoner and visitor has to respect the house rules of the prison.
Inmates are not treated differently because of their sexual orientation.
Are prisoners who are transgender+ accommodated in prisons or areas of prisons typically used for cisgender prisoners (i.e. are trans women accommodated in prisons/wings/landings for women and trans men in prisons for men)?A prisoner’s identity, including his/her gender, shall be established on the basis of an identity document valid in the Republic of Lithuania. In accordance with the provisions of the Penal Code of the Republic of Lithuania, men are kept separately from women in prisons. As Lithuanian prisons do not have separate cells/sectors for transgender persons, such persons would be accommodated in sectors housing cisgender prisoners. It should be noted that in Lithuania, when allocating a prisoner to a specific prison, account is taken of the risk, public safety, the gravity and nature of the offence committed, a prisoner’s health status, his/her psychological characteristics, age, ability to work, professional qualification he/she possesses, and, where possible, the interests of his/her minor child/children, and the place of a prisoner‘s or his/ her family residence. Therefore, a transgender person is likely to end up in a smaller prison. Although there is no obligation to place transgender persons separately from other prisoners, in case there is a security risk, a decision may be taken to place a transgender person separately from other inmates.
Can you please describe your searching protocols for prisoners and visitors who are transgender+?no special searching protocols
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