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Legal Matters
Scotland
FWS challenges prison guidance in court

For Women Scotland (FWS) is challenging the Scottish Government's prison guidance regarding transgender individuals. A hearing at the Court of Session is set for February 3. The Government argues that a blanket ban on placing transgender women in female prisons would violate human rights under the European Convention. But Susan Smith, an FWS director, said: “We note the overwhelming concern of the Scottish Government for the human rights of men in women’s prison, a concern which is not mirrored by an equivalent anxiety for the Article 3 rights of the women accommodated with them, who we know have suffered degradation and mental or physical abuse. The Government claims FWS's position contains "fundamental errors" and that the current guidance allows for individual assessments.

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