Opinion of 30th June 201021 concerning
the care and management of transsexual
prisoners
Pursuant to the provisions of Article 6 of the law n°2007-1545 of
30th October 2007, several prisoners applied to the Contrôleur général
des lieux de privation de liberté (CGLPL), describing their feeling
of belonging to the opposite sex and the difficulties encountered
in obtaining medical treatment. In the course of the lengthy and
detailed investigation which ensued, several actions were taken: two
inspectors interviewed first the prisoners concerned, then health
professionals and managerial and supervisory staff within the prison
administration. They discussed the matter with representatives of
the directorate of prison administration and the directorate general
of care provision in order to identify more clearly the nature of
the difficulties encountered. Lastly, documents produced by other
bodies and independent administrative authorities, such as the High
Authority against Discrimination and for the Promotion of Equality
(HALDE) and the High Authority for Health (HAS), were consulted.
This enabled three findings to be made:
•
•
•
21
The prisoners concerned received no detailed information
about the arrangements for providing them with long-term
medical care and underestimated the effects this would have
on their conditions of detention. At best, this information was
supplied to them belatedly.
In any event, they had no access to relevant care provision
available outside the prison. Only one of them was able to be
included in a protocol run by a specialist team, but only more
than three years after taking the first steps.
The prison regimes for these persons vary because, in the
absence of guidelines, each prison director assesses the
measures to be implemented on a case-by-case basis (whether
or not the wearing of women’s clothes is allowed, whether
beauty products can be bought at the prison shop, normal
detention or isolation, etc).
Published in the Journal Officiel de la République française of 25th July 2010, text n°22.
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