JustSpeak concerned about transgender imprisonment
JustSpeak is concerned about the abuse of the rights of transgender offenders sentenced to imprisonment in New Zealand
prisons.
JustSpeak calls on the Government to ensure that our legislative framework does not expose prisoners to unnecessary risk
of abuse because of their transgender identity. Further, JustSpeak calls on New Zealanders and the Government to take a
strong stand against all abuse in prisons.
The Government, acting on behalf of all New Zealanders, is responsible for almost every aspect of prisoners’ lives,
including keeping them safe from abuse. As New Zealanders, we cannot accept sexual, physical, psychological and
emotional abuse as a normal part of prison life, when the Government has the power to prevent that abuse.
Under our international obligations New Zealand has recognised that all humans are free and equal in dignity and rights.
Our human rights and freedoms are to be protected without discrimination, including on the basis of sex or any other
status (including gender identity and sexual orientation). We have agreed to protect the rights of prisoners not to be
subject to cruel, inhuman or degrading treatment or punishment.
Recent reports released by the Office of the Ombudsman and the Equal Justice Project have clearly represented to the
government the unique difficulties transgender prisoners face. There is a real concern that abuse, particularly of
transgender prisoners, is a current reality in New Zealand prisons.
Corrections Minister Anne Tolley has recently introduced new policy which allows prisoners who have changed the gender
on their birth certificate to automatically be put into a prison based on that gender. However, we acknowledge the
process for a person to change their gender on their birth certificate is not accessible for a large percentage of the
transgender community. Those transgender prisoners whose sex on their birth certificate has not been changed can apply
to be moved, but applications are still only to be considered case by case. JustSpeak commends the Government for
recognizing that transgender people are a vulnerable group with complex needs and for recently putting into place
procedures which provide flexibility in determining the most appropriate accommodation options for transgender
prisoners. This policy is directed at one of the most important issues around housing transgender prisoners. However, it
does not directly address the risk of abuse faced by transgender prisoners once housed, including the time period which
occurs prior to any application being heard.
JustSpeak implores the Government to continue to take further steps to protect the basic human rights of transgender
people and to work towards reducing abuse in New Zealand prisons generally.
JustSpeak acknowledges the tough choice the sentencing Judge had to make in this particular case between the safety of
the offender and that of her victims. However, Judges should not have to choose between the safety of victims and the
wider community, and protecting offenders from abuse within our prison system. Although JustSpeak supports the use of
alternatives to prison where appropriate, if imprisonment is the only option offenders have the right to be protected
from abuse.
We share New Zealanders’ aspirations for a world-leading justice system that reduces the threat of crime and deals
fairly with crime when it does occur. An important part of that system is a prison service that treats all prisoners
with dignity and respect.
A prison service that does not protect the basic human rights of transgender individuals falls below what we can expect
from our justice system – and the Government should continue to act to address this.
ends