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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
Good practice
Access to comprehensive healthcare for trans and/or intersex detainees
Following its visit to Malta in 2015, the European Committee for the
Prevention of Torture (CPT), made a series of specific recommendations75 regarding the treatment of trans detainees. In its reply, the
Maltese government informed the CPT that a new policy relating to
transgender inmates was launched in August 2016. Under the new policy76, the following provisions apply to all “trans, gender variant and
intersex inmates”:
“Right to access medical assessment and treatment related to their
gender identity, gender expression and/or sex characteristics. Any
hormone medication (such as hormone tablets, injections and topical
gels) an inmate is already receiving on prescription prior to imprisonment should be identified, recorded within the inmate’s healthcare
records and access continued in the same manner as any other prescribed medication would be continued within prison.”
“Access to hormones, hair removal, speech therapy or surgery as part
of a process of transition while in prison should be taken in consultation with doctors (specialised in the fields of gender reassignment,
endocrinology and/or surgery) applying the same principles as would
be applied in relation to people at liberty.”
“The fact of a trans, gender variant and intersex person’s imprisonment, and the vulnerable situation in which that places them, means
that every effort should be made by Correctional Services to ensure access to the required/requested medical treatment that assists
the inmates in aligning their physical characteristics with their gender identity. Whenever an inmate requests such specialist assistance,
the necessary arrangements to facilitate this should be undertaken
promptly.”
“Access to trans, gender variant and/or intersex healthcare services should be guaranteed to inmates regardless of their legal
gender identity.”
Report to the Maltese Government on the visit to Malta carried out by the CPT, from 3 to 10 September 2015, CPT/Inf (2016) 25.
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Malta Prison Policy, Correctional Services, Trans, Gender Variant and Intersex Inmates Policy, August 2016, 3.10 Access to Health Services.
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