High Court Legal

  • AB, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 2220 (Admin) (04 September 2009)

    calendar4 Nov, 2009 · High Court legal Art. 8 Human Rights  ·
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    AB v SoSJ & Anor (2009) trans women in male prisons is a breach of art. 8 of the ECHR.
    Case number: CO/9490/2008
    Cite as: [2009] HRLR 35, (2010) 11 BMLR 70, [2009] EWHC 2220 (Admin), [2010] 2 All ER 151[2009] EWHC 2220 (Admin)
    (7) Although the Gender Recognition Panel was satisfied that the Claimant had lived in her acquired gender for the requisite two year period prior to her application for a gender recognition certificate, while she was detained in the male prison estate, the Gender Identity Clinic treating her will not approve her gender reassignment surgery until she has spent a period living "in role" as a woman within a female prison. The experts instructed by both the Prison Service and the Claimant agree that this is an appropriate requirement. It follows that so long as the Claimant remains within the male prison estate she is unable to progress towards the surgery which is her objective. While transfer to the female prison estate does not guarantee that the Claimant will be able to proceed to surgery while in prison, unless she is transferred the prospect of surgery is ruled out for so long as she remains in prison.

    Added: 10 Apr, 2023