File Photo The lawyer who called for a report into Corrections policy on trans prisoners says its findings “undoubtedly” send a message to the Government, which can no longer turn a blind eye. Auckland University’s Equal Justice Project has found the rights of trans prisoners are being ignored by Corrections policy, which it says is contrary to international obligations. Lawyer and TransAdvocates representative Kelly Ellis asked the law student-led group to carry out the research, after seeing first-hand the abuse and rights breaches trans clients face. Ellis is not at all surprised at the report’s findings. “The abuses of trans prisoners has been evident for some time. This report puts those breaches in an international context and, more importantly highlights that the Corrections regulations go far beyond what was contemplated by the parent legislation.” Ellis says the report is the most thoroughly researched document into trans prisoner abuses to date. “Undoubtedly it sends a message to the Government which, until the last few days, has effectively denied the existence of most trans prisoners. “The work done by TransAdvocates lobbying and through direct court action has raised the profile of this issue. This report spells out the abuses of trans prisoners in a way which the Government cannot ignore. The days of turning a blind eye are over.” Ellis says the first step should now be to establish how many trans prisoners there are in New Zealand and where they are housed. “This will identify the magnitude of the problem which currently can only be assessed anecdotally at around 30 or so. “In the long-term I can see no great issue with many transgender prisoners being mainstreamed into the prisons which accord with their gender presentation.” Ellis says the current assessment regime for changing gender through the courts could easily be used, as in most cases it would take just one medical professional and one examination. “There will, of course, be difficult cases, but the reality is that most trans women who've been on hormones for any length of time are physically incapable of rape, meaning that regardless of surgery they do not present that risk to other inmates. “If there is doubt, then further psychological and physical examinations can be carried out if necessary. “I don't suggest I've got all the answers, but we now need to have a wide-ranging and informed discussion. I rather suspect that this report is bringing the Government up to speed rather quickly.” Corrections Minister Anne Tolley has told Radio New Zealand “it's a complicated issue” and the department is looking at its policies around the care of transgender prisoners.
Credit: GayNZ.com Daily News staff
First published: Friday, 5th July 2013 - 9:20am