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Transsexual wins prison transfer | Transsexual wins prison transfer |
(40 minutes later) | |
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. | 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. |
Referred to as "A", she is serving a life sentence for manslaughter and attempted rape, committed when a man. | 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. | 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." | 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". | 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. | 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 | Awaiting surgery |
Hair on her face and legs had been removed by laser, and she had developed breasts from hormone treatment. | 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. | 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. | "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. | 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. | 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. |