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Scotland defends transgender prison placements, citing human rights and safety, ahead of a court ruling.
The Scottish Government argues a blanket rule housing transgender prisoners by birth sex could violate human rights, warning it may increase suicide risks for vulnerable inmates.
In legal filings ahead of a February court hearing, it maintains that individualized assessments—considering mental health and safety—justify placing some transgender people in facilities matching their gender identity, a practice it says has been rare and operationally unproblematic since 2006.
The stance follows a 2025 Supreme Court ruling defining “woman” as biologically female under the Equality Act, which For Women Scotland is using to challenge Scotland’s current policy.
The government asserts its guidance remains lawful and consistent with human rights obligations, citing international standards and the need to prevent harm, while critics, including Scottish Conservative spokesperson Tess White, accuse it of undermining biological sex and endangering women, referencing the Isla Bryson case.
Escocia defiende la colocación de personas transgénero en prisiones, citando los derechos humanos y la seguridad, antes de un fallo judicial.