Currently the Scottish Prison Service (SPS) uses a system of individual risk assessments which aims to keep anyone who poses a danger to women out of the female estate.<\/p>\n
However, it does allow for circumstances where trans women – born biologically male – could be housed alongside women if they are deemed not to pose an unacceptable risk to them.<\/p>\n
The Supreme Court ruling emphasised that all prisoners retain rights under the European Convention on Human Rights (ECHR), including transgender prisoners. <\/p>\n
It accepted that Article 8, which protects private and family life, is engaged in decisions about prison accommodation.<\/p>\n
However, the court said Article 8 does not mean there is automatically a right for a transgender prisoner to be housed in a prison designated for the opposite biological sex. <\/p>\n
Lady Ross said the right was qualified and may be restricted where there is a legitimate justification, including maintaining sex-based segregation within the prison estate.<\/p>\n
The judge acknowledged that exceptional circumstances could arise.<\/p>\n
In a case involving a serious threat to life, such as a risk of suicide, Article 2 of the ECHR \u2014 which protects the right to life \u2014 might require consideration of whether accommodation in a prison for the opposite biological sex was necessary.<\/p>\n","protected":false},"excerpt":{"rendered":"Currently the Scottish Prison Service (SPS) uses a system of individual risk assessments which aims to keep anyone…\n","protected":false},"author":2,"featured_media":647395,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[49,50,51,47,52,48],"class_list":["post-647394","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-headlines","tag-news","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/647394","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/comments?post=647394"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/647394\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media\/647395"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media?parent=647394"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/categories?post=647394"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/tags?post=647394"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}