Transgender Prisoner Rights Issues

Transgender people are especially vulnerable in prisons due to the disconnect between their state-recognised gender and their personal, inherent gender identity.

The identity crisis that many transgender people face is a classified mental illness (Gender Identity Disorder) and being a transgender person is a recognised medical condition. Still, transgender prisoners are not allowed to ‘commence’ treatment for issues related to their transgender identity while in prison under current corrections policy.

The other issue transgender prisoners faced was in their accommodation.

Under previous corrections policy, only those who have completed gender reassignment surgery have the option of being placed in the prison of their identified gender. However the waitlist for such a surgery extends as far as 20 years so most opt for immediate hormone therapy. What that meant was that a number of transgender prisoners do not have the option, under the previous corrections policy, of being placed in a prison of their identified gender. This can create a real danger of harm for these individuals.

We view the government’s announced policy change as a positive development for transgender prisoners in New Zealand.

Transgender persons still face legal and administrative obstacles regarding the recognition of their preferred gender in official documents, such as birth certificates. We therefore urge further change to the new policy so that the placement of transgender prisoners without an updated birth certificate is not contingent upon the Chief Executive’s discretion.

We also believe there is more to be done to ensure transgender prisoners are treated with dignity, respect and equality. One such area is transgender prisoners’ access to medical treatment, such as hormone replacement therapy.

Nevertheless, we commend the Department of Corrections for displaying a willingness to engage with some of the issues transgender prisoners face – issues that have necessitated a new approach to correctional norms.

Public discussion will give rise to greater understanding of these issues and the need for further reform. An open and inclusive dialogue is essential if New Zealand is to demonstrate its continued commitment to human rights.

ENDS

www.equaljusticeproject.co.nz

About The Equal Justice Project:

The Equal Justice Project is a student run pro bono initiative empowering communities to seek equal access to justice through education, service, and advocacy. It is entirely run and led by students from the University of Auckland, Faculty of Law. EJP promotes human rights discourse through legal research and writing. It provides support to practitioners, interest organisations, and community groups who share its goals of promoting equality, inclusivity, and respect for human dignity.

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