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Legal Matters
Scotland
Trans prison policy faces legal challenge

A legal challenge at Scotland’s Court of Session has raised concerns about the Scottish Government’s policy on housing transgender prisoners. The Equality and Human Rights Commission argued that guidance allowing trans inmates to be placed in prisons matching their gender identity could undermine single-sex protections under equality law. Its counsel suggested the policy could lead to male prisoners requesting transfers to women’s prisons for non-safety reasons. The challenge, brought by For Women Scotland, claims the guidance breaches the rights of female inmates and follows an earlier Supreme Court ruling that defined sex as biological under equality law. The Scottish Human Rights Commission said there is no legal obligation to place trans prisoners in either estate. The case, heard by Lady Ross, is ongoing.

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