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Legal Matters
Scotland
Court rules against trans prison policy

The Court of Session has ruled that Scottish Government guidance permitting some transgender women to be housed in the female prison estate is unlawful. The judicial review, brought by campaign group For Women Scotland, found the policy conflicted with requirements for prison accommodation to be based on biological sex. Campaigners described the judgment as a significant victory for vulnerable women prisoners and welcomed the court’s rejection of the Government’s arguments, including claims relating to human rights obligations. While the Scottish Prison Service acknowledged the judgment, it said current admissions arrangements would remain in place temporarily while officials review the decision and consider changes.

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