Key facts
- A judge has ruled Scottish Prison Service guidance allowing transgender women in female prisons unlawful.
- The ruling by Lady Ross stated that sex segregation in prisons must be based on biological sex.
- The decision followed a judicial review by the campaign group For Women Scotland (FWS).
- FWS argued that only biological women should be housed in the female prison estate.
- The judge found the guidance conflicts with the legal requirement for separate prison accommodation for men and women.
A judge has ruled that guidance allowing transgender women to be housed in the female prison estate is unlawful, stating that sex segregation in prisons must be based on biological sex. The decision by Lady Ross followed a judicial review brought by the campaign group For Women Scotland (FWS), which challenged the Scottish Prison Service's (SPS) policy.
FWS argued that only individuals born biologically female should be accommodated in women's prisons. Lawyers for the Scottish Government contended that housing transgender prisoners in the male estate would breach their human rights and create an unacceptable risk of suicide. However, Lady Ross stated that while transgender prisoners have rights under Article 8 of the European Convention on Human Rights, this does not automatically grant them the right to be housed in a prison designated for the opposite biological sex.