Deputy Judge David Elvin QC quashed Justice Secretary Jack Straw’s decision to keep the 27-year-old, who cannot be identified, in a male prison.
Referred to as “A”, she is serving a life sentence for manslaughter and attempted rape, committed when a man.
London’s High Court heard the prisoner should be moved within a few weeks.
Deputy Judge Elvin said: “I declare her continued detention in a male prison is in breach of her rights under Article 8 (right to private and family life) under the European Convention on Human Rights.”
Barrister Phillippa Kaufmann, for the prisoner, described her as “a woman trapped inside a man’s body”.
Although apparently born male, “A” later had her womanhood recognised by law – under the Gender Recognition Act 2004 – and her birth certificate amended accordingly.
A pièce de résistance igualitária/política de género vem no fim do artigo:
The Ministry of Justice and prison authorities argued that “A” was no more likely to be accepted at a women’s prison, where she would require long periods of segregation at an extra cost of £80,000 a year.
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