OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
8. Throughout the care procedure, the prison administration must
ensure that the physical integrity of transsexual prisoners is
protected without this leading necessarily to their being placed
in isolation, and must ensure that they are not subjected to any
pressure or bullying of any kind from any other person by reason
of their choice. If they ask to be placed in an individual cell, their
wishes must be respected.
9. In view of the need to respect the right to privacy, transsexual
prisoners should be able to wear clothes and use health and
beauty products appropriate to their preferred gender when in
their cells. They should therefore be able to purchase such items
from the prison shop.
10. Once the care procedure has started, body searches should be
conducted with particular restraint, in such a way as to respect
prisoners’ dignity. Once the irreversibility of the sex change
process has been medically certified by the multidisciplinary team
responsible, body searches must be conducted, in a manner that
preserves the dignity of both prisoners and staff, by officers of
the same sex as the prisoner following the sex change, without
waiting for civil status records to be modified. These searches
must be conducted by officers specially trained for this purpose
by the prison management.
11. The interests of the particular individual and the imperatives
of prison management must be reconciled as fully as possible
when assigning transsexual prisoners to a prison or prison wing.
For this reason, they should be assigned to a prison or prison
wing corresponding to their new sexual identity at the earliest
possible opportunity, once the irreversibility of the sex change
process has been established26 and, at the latest, when the
person’s civil status records are modified.
In the judicial process for modifying civil status records,27 priority
must in any case be given to prisoners in view of the implications
which that modification has for their conditions of detention.
Article D 248 of the Code of Criminal Procedure might therefore be amended as
follows: “Men and women shall be imprisoned in separate establishments unless
authorisation to the contrary, justified by exceptional circumstances, has been given
by the authority responsible for prisoner assignment."
27
As defined in the circular issued by the Minister of Justice on 14th May 2010.
26
52
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents