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ALHR raises alarm on transgender inequality in prison
The Australian Lawyers for Human Rights has expressed its concern over the vulnerability of transgender people in prison, following the death of an inmate at Hobart’s Risdon Prison.
Grace Ormsby
The ALHR has raised the alarm, following reports by the ABC that a transgender woman was jailed and sent to the Tasmanian prison, where she was allegedly raped by other prisoners.
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ABC News reported the woman, Marjorie Harwood, required a colostomy bag following the assault and has since died from kidney disease.
It also reported that a Risdon Prison spokesperson stated that the prison was not notified by the prison hospital of Ms Harwood’s assault.
ALHR LGBTI subcommittee co-chair Georgia Burke says the ALHR is calling on the Tasmanian government to “investigate the circumstances leading to Marjorie Harwood being sent to a male prison and the circumstances under which she was then left vulnerable to sexual assault and physical violence,” and has condemned the jailing of transgender women in male prisons.
She said that while the Tasmanian prison service states it has a comprehensive policy related to transgender prisoners, these reports are concerning and “make it clear that transgender women remain vulnerable to human rights abuses and violence within the Tasmanian prison system.”
Her LGBTI committee co-chair Nicholas Stewart said transgender prisoners should not be treated less favourably or discriminated against because of their gender identity. He said “the best practice approach for prison authorities is to presumptively place a transgender prisoner in the prison of his or her self-identification.”
Mr Stewart acknowledged “people who are transgender and in prison are at a far greater risk of assault, particularly sexual assault, and transgender women are at significant risk if they are placed within a male correctional facility.”
“ALHR supports reform to laws and policies affecting transgender people and reminds the Tasmanian Government of its obligations under the International Covenant on Civil and Political Rights to ensure that all persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person,” said Mr Stewart.
