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To cite this article: Marie Claire Van Hout, Stephanie Kewley & Alyson Hillis (2020):
Contemporary transgender health experience and health situation in prisons: A scoping review
of extant published literature (2000–2019), International Journal of Transgender Health, DOI:
10.1080/26895269.2020.1772937
REVIEW ARTICLE
ABSTRACT KEYWORDS
Background: Many jurisdictions globally have no specific prison policy to guide prison man- Health; LGBT; prison;
agement and prison staff in relation to the special needs of lesbian, gay, bisexual and trans- scoping review;
gender (LGBT) prisoners despite the United Nations for the Treatment of Prisoners Standard transgender; violence; trans;
human rights
Minimum Rules and the updated 2017 Yogyakarta Principles on the Application of
International Human Rights Law in relation to Sexual Orientation and Gender Identity.
Within LGBT prison groups, transgender people represent a key special population with dis-
tinct needs and rights, with incarceration rates greater than that of the general population,
and who experience unique vulnerabilities in prisons.
Aims/Method: A scoping review was conducted of extant information on the transgender
prison situation, their unique health needs and outcomes in contemporary prison settings.
Fifty-nine publications were charted and thematically analyzed.
Results: Five key themes emerged: Transgender definition and terminology used in prison
publications; Prison housing and classification systems; Conduct of correctional staff toward
incarcerated transgender people; Gender affirmation, health experiences and situational
health risks of incarcerated transgender people; and Transgender access to gender-related
healthcare in prison.
Conclusions: The review highlights the need for practical prison based measures in the
form of increased advocacy, awareness raising, desensitization of high level prison manage-
ment, prison staff and prison healthcare providers, and clinical and cultural competence
institutional training on transgender patient care. The review underscores the need to
uphold the existing international mandates to take measures to protect incarcerated trans-
gender people from violence and stigmatization without restricting rights, and provide
adequate gender sensitive and gender affirming healthcare, including hormone therapy and
gender reassignment.
CONTACT Marie Claire Van Hout M.C.VanHout@ljmu.ac.uk Faculty of Health, Public Health Institute, Liverpool John Moores University, Liverpool,
L2 2QP, UK.
ß 2020 Taylor & Francis Group, LLC
2 M. C. VAN HOUT ET AL.
sex workers, men who have sex with men, and integration and prevent victimization (UNODC,
transgender women housed in male prisons, have 2009, 2016). Standards of care mandated in the
unique vulnerabilities exacerbated by the prison Standard Minimum Rules for the Treatment of
environment (Arnott & Crago, 2009; Baral et al, Prisoners, the Prison Elimination Act (PREA;
2013; The Global Fund, 2017). They can be Beck, 2015) and the 2017 Yogyakarta Principles
marginalized on the basis of sexual orientation or as well as well-established research that will be
gender identity, subjecting them to increased risk analyzed in this paper such as Brown and
of violence, ill-treatment or physical, mental or McDuffie (2009), work to ensure that placement
sexual abuse by other prisoners as well as officers. in detention avoids further victimization by iden-
The impact that this form of victimization can tifying inadequacies in prison policies and pro-
have on the prisoner can cause or exacerbate viding human rights agendas that institutions can
mental health issues leading to depression, sui- comply to. Furthermore, they advocate for the
cide ideation, and the potential for auto-castra- provision of adequate access to medical care and
tion and auto-penectomy (Brown & McDuffie, counseling appropriate to the needs of those in
2009). Furthermore, there is a distinct increased custody, recognizing any particular needs of per-
risk and vulnerability between transgender and sons on the basis of their sexual orientation or
non-transgender prisoner vulnerabilities. For gender identity, including with regard to repro-
example in 2015–2016, 0.04% of the general US ductive health, access to HIV/AIDS information
population experienced sexual assault in prison and therapy, access to hormonal or other therapy,
(Bureau of Justice Statistics, 2020; United States and access to gender-reassignment treatments
Census Bureau, 2020; Wagner & Sawyer, 2018), where appropriate, as outlined in the World
whilst Grant et al. (2011) found that 38% of their Professional Association for Transgender Healthcare
transgender sample had been harassed during Standards of Care (WPATH SOC; 2012) section
incarceration, 9% physically assaulted, and 7% XIV (UNODC, 2009, 2016).
sexually assaulted. We refer specifically to incarcerated trans-
States are obliged to protect all prisoners under gender people in this review. Transgender is a
their care and supervision, in addition to sup- term that “describes a diverse group of people
porting their social integration (UNODC, 2009). whose internal sense of gender is different than
Many jurisdictions globally have no specific that which they were assigned at birth” (WHO,
prison policy to guide prison management and 2020). It is not a diagnostic term and does not
prison staff in relation to the special needs of imply a medical or psychological condition or
LGBT prisoners (UNODC, 2009). This is despite any specific form of sexual orientation. It is an
the 2016 Standard Minimum Rules for the umbrella term which includes a broad range of
Treatment of Prisoners (Nelson Mandela Rules) experiences and identities. It includes individuals
mandating prison administrations to “take who undergo medical treatment or are in the
account of the individual needs of prisoners, in process of transitioning their physical appearance
particular the most vulnerable categories in to conform to their internal gender identity, as
prison settings” (Rule 2(2)) (United Nations well as those who live in accordance with their
General Assembly, 2016, p. 8). The 2006 and gender identity without seeking any medical
updated 2017 Yogyakarta Principles on the treatment. As prisons are segregated by gender,
Application of International Human Rights Law the actual number of incarcerated transgender
in relation to Sexual Orientation and Gender individuals across different countries is unknown
Identity, principle 9 further mandates the right to (Clark et al., 2017). Two countries which docu-
treatment with humanity while in detention ment rates of transgender people in prisons are
(International Commission of Jurists, 2007; the United States (US) and the United Kingdom
Yogyakarta Principles, 2006). The extreme vul- (UK). In the US, Grant et al. (2011), estimated
nerability of LGBT, especially transgender people, that 16% of transgender individuals have been
within closed settings requires dedicated policies imprisoned at some point, in comparison to up
to supporting their needs, encouraging social to 0.7% of the whole US population (Prison
INTERNATIONAL JOURNAL OF TRANSGENDERISM 3
Policy, 2020). In the UK, in 2016, 0.8% (n ¼ 70) solitary confinement and forms of torture or
of incarcerated individuals reported being trans- degrading treatment (Penal Reform, 2019). The
gender (Ministry of Justice, 2016a). In 2018, this Association for the Prevention of Torture (APT)
increased to 125 people across England and has identified a ‘Don’t Ask, Don’t Tell’ policy for
Wales (Reality Check Team, 2018) and then in LGBT people in prison settings, where they
2019 it was reported that the figure had risen to ‘render themselves invisible’, therefore allowing
1,500 out of 90,000 (1.6%) of the general incar- authorities to breach their human rights and deny
cerated population (Hymas, 2019). their dignity, including in prisons (Blanc, 2018).
Transgender health and social disparities even Given the increased recognition of transgender
prior to detention or incarceration are well docu- incarcerated people as a key population with spe-
mented in the literature, and underpinned by cific needs and rights within the prison setting,
their experience of pervasive stigma, humiliation, we conducted a scoping review to extensively
sexual assault, exploitation and violence, barriers map extant literature on their prison situation,
to employment and housing, exclusion from their unique health needs and outcomes in con-
legitimate economies and their participation in temporary prison settings.
street economies (for example the sex work
industry and drug dealing) (Fletcher et al., 2014;
Method
Grant et al., 2011; Nadal et al., 2012; Reback &
Fletcher, 2014; White Hughto et al., 2015; Wilson Scoping reviews are a research synthesis which
et al., 2009). Garofalo et al. (2006) highlighted map literature on a particular topic or research
that 59% of their transgender women sample, area and provide an opportunity to identify key
reported a lifetime history of sex work. Reasons concepts and evidence to inform practice, policy-
for this significance include economic hardship making, and technical guidance (Levac et al.,
as a consequence of transphobic discrimination 2010). They are particularly useful as they include
(Wilson et al., 2009), family rejection (Fuller & a wide range of data across identified sources and
Riggs, 2018), and poor school attendance and designs, and are used to raise awareness, and
dropout rates resulting from peer harassment inform policy and practice (Daudt et al., 2013;
(Grossman & D’Augelli, 2006). When trans- Levac et al., 2010). The underpinning research
gender individuals then enter into sex work, they question for this scoping review was: ‘What is
are at a significantly increased risk of acquiring known in the literature about the health situation
HIV, as well as being arrested and detained and health experiences of incarcerated trans-
(Brown & Jones, 2016; Poteat et al., 2014; 2015; gender people?’ The term ‘prison’ was defined
Wilson et al., 2009). and adopted as representing facilities housing
Experiences of such prejudices are further both on-remand transgender prisoners (including
amplified within the prison context (International jails, police holding cells, and other detention
Commission of Jurists, 2006; UNDP, 2013; centers) and convicted transgender prisoners rep-
WHO, 2014), as transgender individuals are vul- resenting facilities housing both on-remand
nerable to sexual abuse and rape when they do young people and convicted adult prisoners (Van
not conform to gender expectation, and are also Hout & Mhlanga-Gunda, 2018).
at risk of developing or exacerbating existing The scoping review method is deemed rigorous
mental health issues, engaging in high risk sub- and transparent in terms of its step by step
stance use whilst inside, all of which compound protocol to identify and analyze all relevant avail-
their risk of self-harm and suicide (Bradford able sources of information (Daudt et al., 2013;
et al., 2013; Penal Reform, 2019; Stotzer, 2009; Levac et al., 2010). The five-stage iterative process
UNDP, 2013; UNODC, 2009, 2016; Yang et al., was closely adhered to and consisted of (1) iden-
2015). The hostile prison environment for trans- tifying the research question, (2) identifying rele-
gender people also includes unsanitary and vio- vant studies, (3) study selection, (4) charting the
lent conditions that impede rehabilitation; widely data and (5) collating, summarizing and report-
used sanctions by prison staff against them, ing the results (Arksey & O’Malley, 2005).
4 M. C. VAN HOUT ET AL.
Detailed search terms were subsequently gener- and human rights related databases, and websites
ated by the team. The general search strategy is of country governments and non-governmental
illustrated in Table 1. bodies. Key LGBT and trans organization websites
The search was conducted using the university were also searched. Figure 1 reflects the screening
databases at Liverpool John Moores University, and filtering process of the resulting studies.
PubMed Clinical Queries and Scopus (explora- All records warranting inclusion were procured
tory search with selected references downloaded for full text review. Eligibility criteria for inclu-
for the purpose of clarifying search terms). sion in the review were based on whether cita-
Comprehensive searches were subsequently con- tions mentioned transgender prisoners’ health
ducted in the Web of Science, Medline, experiences, unique transgender prison healthcare
PsycINFO, Google and CINAHL, and restricted needs and healthcare outcomes or contained
to the time period 2000–2019. The search was health related content directly relating to trans-
confined to the English language. In order to gender people in prisons worldwide. Records
ensure full coverage of current knowledge and were also excluded if the transgender population
perspectives relating to incarceration and the was solely under 18 years of age and found not to
transgender health experience, health manage- meet the eligibility criteria.
ment and situation in worldwide prisons; we The remaining records were charted and the-
included international and national policy briefs, matically analyzed, as per scoping review proto-
handbooks, documents and reports, country situ- cols (Daudt et al., 2013; Levac et al., 2010). This
ational assessment reports, conference proceed- involved the creation of a spreadsheet used to
ings, news reports, commentary pieces and chart relevant data (data collection categories
editorials, in addition to empirical peer-reviewed were the year of publication, author, location,
scholarly literature. method and aim, key guidance points). The team
Citations were managed using the biblio- conducted a trial charting exercise of five records
graphic software manager EndNote, with dupli- as recommended by Levac et al. (2010), followed
cates removed manually. Records included both by a joint consultation to ensure alignment with
reference to transgender people (male-to-female; the scoping question and its purpose. Based on
female-to-male) and prison official perspectives this preliminary exercise, the team developed
in their management within prisons or other prior categories which guided the subsequent
closed settings. Follow-up search strategies extraction and charting of the data from the
included hand searching of reference listings. records. The charted data was analyzed and sys-
Hand searches were conducted on international tematized by thematic manual coding, which
aid and development organizational websites, law organized the data, and structured it into themes
enforcement, correctional, social, health, medical through patterns in associated categories.
INTERNATIONAL JOURNAL OF TRANSGENDERISM 5
Disagreements around theme allocation were with some referring to more than one country. A
resolved through team discussion. further 45 documents were identified through
grey literature searches and were used to inform
Results the results as well as throughout the discussion
(Table 3). Types of documents included reports
From the database and hand searches, 59 publica- (n ¼ 23), legal rulings (n ¼ 9), newspaper articles
tions were included in the final sample (Figure 1). (n ¼ 4), websites (n ¼ 4), a bulletin, framework,
From the searches, we reviewed empirical studies guidelines, a policy document and a policy review
(n ¼ 23), commentaries (n ¼ 23), literature reviews (n ¼ 1). Table 4 identifies results by country, high-
(n ¼ 8), reports (n ¼ 2), a book chapter, case study lighting the various policies and attitudes toward
and a set of conference slides. The searches were transgender rights in prison.
not limited by country, yet only the US (n ¼ 47), The thematic analysis of charted publications
the UK (n ¼ 6), Australia (namely the state of found several areas of commonality, interest and
New South Wales; n ¼ 3), Brazil, Canada, Hong importance, as well as some gaps in the literature.
Kong and Italy (n ¼ 1), are represented (Table 2). Five key themes that consistently emerged and
Three articles focused on the global perspective, featured across sources included: transgender
6
(continued)
7
8
Table 2. Continued.
Method and Gender Included
Authors Article details Type Location (M2F & F2M) Key Themes Findings
consequences of discrimination and
violence for incarcerated transgender
people and the whole-incarceration-
setting approach.
omdal, A., Mullens, A. B.,
Br€ Experiences of transgender Journal article Global Scoping review. Data collected Experience (abuse, stigma, The article reports on the sexual and violent
Phillips, T. M. and Gow, J. prisoners and their knowledge, using narrative analysis and discrimination and victimization, assaults of transgender inmates, assaults
attitudes, and practices document/records. mental health suicide, sexual reported when sexual advances were
regarding sexual behaviors and Analyzed using Thematic risk behaviors) turned down and examples of
M. C. VAN HOUT ET AL.
HIV/STIs: A systematic review; Analysis of both M2F HIV/STI homophobic discrimination from other
Int J Transgend; 2019; 20 (1); & F2M Treatment (gender affirmation, inmates. Plus, experiences of
pp. 4-19 general care, self- interpersonal violence, including sexual
treatment, medication) assault, lack of respect and sensitivity,
Healthcare professional treatment discrimination, mistreatment, harassment,
Correctional officer treatment or stigma from prison staff. Impact of
Classification/housing/placement such experiences are significant. HIV-
infected report hiding HIV medications
or transgender status to protect self.
Vulnerability and heightened mental
health issues associated with self-
treatment, self-harm and sometimes
suicide. An example of self-castration
was observed as a means to cope with
gender dysphoria. High levels of
transactional condomless sex. Lack of
general medical assessment and
treatment including HIV care
management and gender affirming care,
with challenges to accessing medication
and treatment also being discussed. Lack
of knowledge and understanding
regarding gender diversity and how
gender identity and expression is related
to yet distinct from sexual orientation
was also reported. Transgender inmates
housed in specific units as they were
deemed ’at risk’. This was a designated
are for men who have sex with men and
transgender women only in a men’s
central jail to ensure their safety from
the male general population.
Brown, G. R. Recommended Revisions to the Commentary US Discussion relating to M2F Experience (suicide, mental Author discusses significant levels of
World Professional Association & F2M health, abuse) depression, exacerbation of other mental
for Transgender Health’s Treatment (hormones, general, illnesses, sexual and violent abuse as
Standards of Care Section on transition related care, gender well as suicides. The authors argue
Medical Care for Incarcerated affirmation, self-treatment) treatment should be tailored to the
Persons with Gender Identity classification/housing/placement individual but note current lack of access
Disorder; Int J Transgend; to healthcare (consequences include
2009; 11 (2); pp. 133-138 mental illnesses, suicidal thinking and
behavior, auto-castration and/or auto-
penectomy). Authors note some
institutions base housing arrangements
on the appearance of external genitalia
rather than considering the gender role,
thus causing greater distress to
the inmate.
Brown, G. R. Autocastration and Journal article US Content analysis of three Experience (suicide, mental The article outlines the journey of three
autopenectomy as surgical self- written accounts of health, abuse) transgender inmates who displayed
treatment in incarcerated M2F inmates Treatment (hormones, general gender dysphoria symptoms, mental
persons with gender identity (transition related) care, gender health issues and requested evaluation
disorder; Int J Transgend; 2010; affirmation, self-treatment) for gender identity disorder. A result of
12 (1); pp. 31-38 Classification/housing/placement failure to evaluate, diagnose and treat
the inmates resulted in hunger strikes,
being moved to maximum security
prison to access services, access
transition related treatment continued to
be denied, resulting in all three inmates
self-treating with auto-castration.
Following this, one inmate was treated
for comorbid conditions including
psychosis, another eventually transferred
and given hormones, another placed in
solitary confinement on suicide watch.
Following litigation, one has been
allowed cross-sex hormone therapy and
was able to gender affirm but still
denied access to GD treatment.
Brown, G. R. Qualitative analysis of transgender Journal article US N ¼ 129 documents and Experience (abuse Findings include 42% of inmates reported
inmates’ correspondence: records of both M2F & F2M Treatment (surgery, hormones, self- abuse while in prison, with ’23%
implications for departments of transgender prisoners treatment, general (transition reporting physical abuse or harassment
correction; J Correct analyzed thematically related) care) and 19% relating that they had been
Healthcare; 2014; 20 (4); pp. Correctional officer treatment sexually mistreated or abused by other
334-341 inmates, corrections officers (COs), or
both’. One inmate was allowed to have
sex-reassignment surgery and 14% used
hormone therapies. However, access to
transgender healthcare is limited, leading
to 2% having attempted and 3%
completing auto-castration.
Brown, G. R. and McDuffie, E. Health care policies addressing Journal article US N ¼ 46 Department of Treatment (hormones, surgery, Findings detail three different options
transgender inmates in prison Correctional documents and self-treatment) available for transgender inmates in
systems in the US; J Correct reports and were Classification/housing/placement relation to hormone therapy: the
Healthcare; 2009; 15 (4); pp. thematically analyzed; continuation of hormones for inmates,
280-290 Thematic Analysis to ‘‘freeze-frame’’ or initiation of hormonal
consider both M2F & F2M treatment de novo under appropriate
clinical circumstances. Most inmates
were able to continue to use hormones
as this required extensive documentation
proving diagnosis and existing care
pathway. However, only one state did
not rule out sex reassignment surgery as
a treatment option in prisons. Illinois
states that the prison system will allow it
but only under extreme circumstances.
Due to this, auto-castration was
observed and reported by the authors.
furthermore, 12 (71%) states base
housing on external genitalia with only
four states having more lenient policies
based on sexual orientation.
INTERNATIONAL JOURNAL OF TRANSGENDERISM
(continued)
9
10
Table 2. Continued.
Method and Gender Included
Authors Article details Type Location (M2F & F2M) Key Themes Findings
Chianura, L.., Di Salvo, G., and Clandestine transgender female Journal article Italy; Brazil Discussion relating to M2F Stigma, discrimination and The article, cited by Hochdorn et al. (2018),
Giovanardi, G. convicts in Italian detention & F2M victimization states that Italy has protected sectors for
centers: a pilot inquiry; Ecol Classification/housing/placement transgender inmates which has
della Mente; 2010; 33; 219-238 Correctional officer treatment ’improved the situation either of the
transgender prisoners, who suffered less
violence and discrimination, or of the
prison workers, who received special
courses for interacting in an appropriate
M. C. VAN HOUT ET AL.
(continued)
11
12
Table 2. Continued.
Method and Gender Included
Authors Article details Type Location (M2F & F2M) Key Themes Findings
Healthcare; 2018; 24 (2); pp. Treatment (gender (transition attempting suicide. Yet, there was a
171-181 related) care) strong correlation between gender-based
victimization and lifetime suicide
attempts in transgender inmates. Mental
health issues were reported and were
seen to be interchangeable with suicide.
Edney, R. To keep me safe from harm- Commentary US Discussion relating to M2F Experience (sexual violence) The commentary discusses sexual violence,
transgender prisoners and the & F2M Treatment by correctional officers disproroptionate punishment and the
M. C. VAN HOUT ET AL.
(continued)
13
14
Table 2. Continued.
Method and Gender Included
Authors Article details Type Location (M2F & F2M) Key Themes Findings
having sex while incarcerated. 25% had
sex with women during incarceration;
two-thirds had oral sex and 53% anal
sex. 13% had exchange sex, this was
evident more in transgender inmates
than men (28% vs. 10%) and 75%
reported at least one act of unprotected
anal sex. Condoms were distributed once
M. C. VAN HOUT ET AL.
Howard League for Penal hormones, surgery) Gender Recognition Certificate, they are
Reform: Early Career Academics Correctional officer treatment housed based on their birth gender. This
(continued)
15
Table 2. Continued.
16
(continued)
17
18
Table 2. Continued.
Method and Gender Included
Authors Article details Type Location (M2F & F2M) Key Themes Findings
general population; identified that
between 60-80% of transgender inmates
are HIV þ ve; classification, housing and
segregation; PREA; Detention Elimination
Act, SADEA and the concept of
deliberate indifference and duty to
protect through the Eighth Amendment.
Osborne, C. S. and Lawrence, Male Prison Inmates With Gender Commentary US Discussion relating to M2F Treatment (surgery) Authors discuss eligibility criteria for SRS.
M. C. VAN HOUT ET AL.
A. A. Dysphoria: When Is Sex & F2M Classification/housing/placement They note inmates are disadvantaged as
Reassignment Surgery the a) are unable to document persistent
Appropriate?; Arch Sex Behav; and well documented GD b) do not have
2016; 45 (7); pp. 1649-1662 access to full information or comprehend
the challenges, consent is an issue c) can
not always get a diagnosis of MH and
keep it under control in prison; d)
cannot always live in preferred gender
for minimum of 12 months while
possible in prison. Post SRS, authors note
transgender women should be housed in
a women’s prison automatically after
surgery, but there are issues e.g. some
men opting out of SRS even when they
medically need it, or when
transgendered women have engaged in
violence against women
Peek, C. Breaking Out of the Prison Commentary US Discussion relating to M2F Experience (sexual violence, abuse) The legal commentary covering the
Hierarchy: Transgender & F2M Treatment (evaluation and following topics: evaluation and
Prisoners, Rape and the Eighth diagnosis, surgery) diagnosis; lack of understanding of GD
Amendment’; Santa Clara Law Classification/housing/placement and what it means to be transgender;
Review; 2004; 1211-1248 housing and placement; surgery; rape,
sexual abuse and coercive sex; the
’modern’ Eighth Amendment in the
context of Farmer v Brennan and
deliberate indifference.
Poole, L., Whittle, S. and Working with transgendered and Journal article UK Discussion relating to M2F Experience (stigma and Research study that interviewed officers as
Stephens, P. transsexual people as offenders & F2M discrimination) part of their sample. The article that
in the Probation Service; Treatment (hormones) discusses officers understanding and
Probation Journal; 2002; 49 (3); Correctional officer treatment existing bias toward transgender
227-232 inmates. Officers stated that transgender
inmates were much like general
population and so their offending
behavior needed to be challenged
regardless of their gender, therefore no
discrimination either way. It discussed
the need for hormones in order to
control sexual needs and that officers
needs better education and training.
Poteat, T. C., Malik, M. and Epidemiology of HIV, Sexually Journal article Global Systematic literature review Experience (HIV/STI, risky behavior) This systematic review found very few
Beyrer, C. Transmitted Infections, Viral studies including M2F studies detailing the HIV, STI, viral
Hepatitis, and Tuberculosis & F2M hepatitis and TB status among
Among Incarcerated transgender inmates. They found 1 HIV
Transgender People: A Case of prevalence study and one TB study that
support the view that prevalence of HIV
Limited Data; Epidemiol Rev; and related infections are high amongst
2018; 40 (1); pp. 27-38 this population. Likewise, they found
limited prevention programs as a result
of facilities fearing the promotion of
sexual activity in prison.
Reisner, S. L., Bailey, Z. and Racial/ethnic disparities in history Journal article US Survey Research of N¼ 6456 Experience (risky behavior) Study found 19.3% of transgender women
Sevelius, J. of incarceration, experiences of M2F transgender had previously been incarcerate and
victimization, and associated participants analyzed using were more likely, when compared to
health indicators among Inferential statistics others in the survey to be women of
transgender women in the U.S; color, have a low income, education, be
Women Health; 2014; 54 (8); uninsured. Black transgender women
pp. 750-766 were three times more likely to have
been imprisoned. Transgender
participants had disproportionate health
disadvantages when compared to others
including smoking, use of substances,
HIV positive status, sex work,
experiencing physical and sexual assault.
When in prison, this population reported
greater victimization and mistreatment
and denial of healthcare was reported by
24.5%. These women were more likely to
report daily cigarette smoking, substance
use, suicide attempts compared to those
not in jail.
Routh, D., Abess, G., Makin, D., Transgender Inmates in Prisons: A Journal article US Systematic review of US Treatment (general (transition Authors found 37 states allow for
Stohr, M. K., Hemmens, C. Review of Applicable Statutes statutes considering M2F related) care) counseling services for transgender
and Yoo, J. and Policies; Int J Offender & F2M prisoners; over half of states do not
Ther Comp Criminol; 2017; 61 allow to obtain treatment after
(6); pp. 645-665 incarceration; 13 states allow for
initiation, or beginning of hormone
treatment, 21 states allow continuation
of hormone therapy and 20 states do
not allow. Only 7 states allow for SRS.
They also found that some states use
DSM-5 for gender identity disorder or
gender dysphoria and this then dictates
treatment pathways, but this is not
consistent across all 50 states reviewed.
Schneider, D. Decency, Evolved: The Eighth Commentary US Discussion relating to M2F Experience (hormone cessation Author discusses the physical and
Amendment Right to & F2M side effects) psychological consequences of stopping
Transition in Prison; Wis L Rev; Treatment (general (transition hormone treatment on arrival to prison,
2016; 4; pp. 835-870 related) care) which is often experienced by inmates.
Classification/housing/placement The commentary highlights how not all
states in the US have formal policies
requiring the provision of medical
treatment to transgender inmates and
that the Standards of Care do not
appear to be routinely applied. Although,
some prisons have worked flexibly, not
all have and as a result law suits have
followed. The author also notes the risk
of harm to male to female prisoners who
remain housed in male prisons. Authors
advise a case by case approach has been
adopted in many states
INTERNATIONAL JOURNAL OF TRANSGENDERISM
(continued)
19
20
Table 2. Continued.
Method and Gender Included
Authors Article details Type Location (M2F & F2M) Key Themes Findings
Sevelius, J. and Jenness, V. Challenges and opportunities for Commentary US (California) Discussion relating to M2F Treatment (gender affirmation) Authors note how left untreated the mental
gender-affirming healthcare for & F2M Classification/housing/placement health outcomes for people with GD can
transgender women in prison; be significant resulting in suicide and
Int J Prison Health; 2017; 13 depression. Transgender women are
(1); pp. 32-39 most likely to be living with HIV
experience serious MH conditions and as
such should be regularly assessed for
these conditions and offered support.
M. C. VAN HOUT ET AL.
(continued)
21
22
Table 2. Continued.
Method and Gender Included
Authors Article details Type Location (M2F & F2M) Key Themes Findings
just to get into prison. The author
further notes that society would be
dissatisfied if transgendered inmates
received better treatment than non-
transgendered inmates. That it is not the
role of prison staff to make
inmates happy.
Sumner, J. and Jenness, V. Gender Integration in Sex- Book Chapter US Systematic review of Treatment (diagnosis and evaluation, This book chapter outlined findings from a
M. C. VAN HOUT ET AL.
Segregated U.S. Prisons: The documents and records; surgery, gender affirmation) systematic review that analyzed a range
Paradox of Transgender Thematically Analyzed Classification/housing/placement of US correctional policies, court
Correctional Policy; 2014; New examining M2F & F2M Correctional officer treatment opinions, etc. Authors present issues
York: Springer with medical treatment in terms of
diagnosis, surgery, and gender affirming
treatment, as well as the rationale for
using segregation to house transgender
inmates. They first note the problem
with the varying definitions making
diagnosis a challenge. Authors highlight
how use of inmates preferred name has
become part of correctional policy under
the recognition that prisoners have the
right to be treated with respect,
impartially and fairly by all employees.
Likewise, wearing gender appropriate
clothing is also now recognized in policy
with the aim to ensure dignity and
respect. However, in some operation/
healthcare manuals, gendered specific
clothing are not tolerated and often
seen as contraband e.g. women’s bras,
cosmetics. In practice policy is not yet
fully implemented. Historically, people
with Gender Dysphoria had been loosely
classified as "effeminate homosexuals"
and classification very rarely occurs on
the basis of sexual preference. While
there have been legal challenges to
housing decisions, inmates continue to
be segregated even though this is
usually for the purpose of punishment.
While, male to female prisoners are less
victimized when placed in female prison,
authors note how female inmates may
be at greater risk of violence, or at the
least have their privacy violated. In some
US prisons screening for transgender
status is taking place, and prisoners are
housed in wards or pods for gay
inmates, where gendered housing is
provided, developments have
been noted
Tarzwell, S. Gender lines are marked with Commentary US Discussion relating to M2F Experience (stigma, victimization, The legal commentary focuses on ’hyper-
razor wire: addressing state & F2M mental health) gendered systems’ and ’sex-segregated
prison policies and practices Treatment (gender facilities where traditional gender roles
for the management of affirmation, hormones) are strictly enforced’ (p. 177). The article
transgender prisoners; Correctional officer treatment also discusses safety concerns;
Columbia Hum Rights Law Rev; victimization and stigma; solitary
2006; 38; 167-219 confinement; mental health; denial of
gender affirming medical care and
hormone therapy. It places the
challenges in the context of Eighth
Amendment Jurisprudence, ’deliberate
indifference to serious medical need’ (p.
181), citing key legal cases throughout.
The article concludes, ’Transgender
advocates must pressure prisons to
voluntarily adopt policies embodying
concrete reforms that will improve the
daily lives of transgender prisoners.’
(p. 219)
von Dresner, K. S., Underwood, Providing counseling for Commentary US Discussion relating to M2F Experience (sexual violence, abuse, Commentary describing the high rates of
L. A., Suarez, E. and transgendered inmates: a & F2M STI/HIV, mental health) sexual assault, risk taking behavior and
Franklin, T. survey of correctional services; Treatment (counseling, evaluation STI/HIV transmission among transgender
Int. J. Behav. Consult. Ther; and diagnosis, gender affirmation) inmates. Transgender inmates are also at
2013; 7; 38-44 Classification/housing/placement considerable risk of relapsing or
Correctional officer treatment increasing psychological symptoms. It
discusses the main treatment for TG
inmates, ’freeze-framing’ in that they
should maintain status quo of their
appearance and current treatment when
they enter into a correctional facility.
However, this does not account for those
that have not been previously diagnosed
with GD. Mental health assessment and
services should therefore be working
with transgender and potential
transgender inmates to abide by SOCs.
Other areas addressed include housing
and provisions, such as gender
affirmation and tailored services
Wall, B. W. Commentary: gender Commentary US Discussion relating to M2F Experience (abuse, mental health) The author highlights the nature and risk of
nonconformity within a & F2M Treatment (medication, general violence/abuse, mental health, and
conformist correctional culture; (transition related) care) medication/treatment for transgender
J Am Acad Psychiatry Law; Correctional officer treatment inmates. How the binary nature of prison
2014; 42 (1); pp. 37-38 Classification/housing/placement system presents issues of bias and
prejudice. Authors refer to the principles
as outlined by Simopoulos and Khin
could serve to improve healthcare in
prisons. Authors note that a need for
openness and sensitivity to gender
concerns is called for as well as
approaching transgender prisoners as
individuals with individual needs.
White Hughto, J. M. and Clark, Designing a Transgender Health Journal article US Seven stage evaluation of Correctional officer treatment The article describes the authors’ research
K. A. Training for Correctional previous intervention Treatment (gender affirmation, study that piloted a transgender health
Healthcare Providers: A hormones, surgery, counseling) training for correctional healthcare
Feasibility Study; Prison J; provider. Key topics include the
2019; 99 (3); 329-342 integrating gender affirming language
such as preferred pronouns; exposure to
INTERNATIONAL JOURNAL OF TRANSGENDERISM
(continued)
23
24
Table 2. Continued.
Method and Gender Included
Authors Article details Type Location (M2F & F2M) Key Themes Findings
stories from transgender inmates;
hormone provision; surgical
considerations and mental health
therapies. ’Providers indicated that the
training provided them with the required
cultural competencies to provide care to
transgender patients and basic
competencies for affirming clinical
M. C. VAN HOUT ET AL.
interactions’ (p. 6)
White Hughto, J. M., Clark, K. Creating, reinforcing, and resisting Journal article US N ¼ 20 M2F former inmates Experience (abuse) Participants fear violence and abuse in male
A., Altice, F. L., Reisner, S. the gender binary: a interviewed, data analyzed Treatment (hormones) prisons, some participants complied with
L., Kershaw, T. S. and qualitative study of using Thematic Analysis Healthcare professional treatment male norms and did not disclose
Pachankis, J. E. transgender women’s transgender status. Participants report
healthcare experiences in sex- inadequate healthcare e.g. not being
segregated jails and prisons; able to access hormone treatment, as a
Int J Prison Health; 2018; 14 result of them using street hormones
(2); pp. 69-87 and not officially prescribed drugs prior
to incarceration; the state would not
recognize their need for continued
treatment without official prescriptions.
Some health providers use the argument
that if prisoners used hormone
treatment they would be at increased
risk of violence. Poor knowledge
amongst treatment providers along with
transphobic attitudes was reported, this
meant some prisoners would simply
conform to male norms or exert their
gender and behave more feminine.
White Hughto, J. M., Clark, K. Improving correctional healthcare Journal article US (Massachu- Mixed methods exploration of Treatment (general health, general This study discussed methods to improve
A., Altice, F. L., Sari, L. R., providers’ ability to care for setts; N ¼ 34 health practitioners (transition related) care, gender healthcare provisions rather than
Kershaw, T. S. and transgender patients: Connecticut) discussed M2F & F2M affirmation) document prisoner’s experiences.
Pachankis, J. E. Development and evaluation Healthcare professional treatment Authors note that interventions are
of a theory driven cultural and needed to not only improve the
clinical competence knowledge, attitudes and skills of
intervention; Soc Sci Med; healthcare providers, but to encourage a
2017; 195; pp. 159-168 willingness to provide gender-affirming
care also. However, authors report how
healthcare providers do not feel equip or
skilled to give gender affirming care.
Wilson, M., Simpson, P. L., ‘You’re a woman, a convenience, Journal article Australia (New N ¼ 7 M2F Inmates Experience (abuse) Participants reported experiencing sexual
Butler, T. G., Richters, J., a cat, a poof, a thing, an idiot’: South Wales) interviewed Treatment (hormones) abuse in prison, including rape, assaults,
Yap, L. and Donovan, B. Transgender women Classification/housing/placement witnessing rape and assaults and sexual
negotiating sexual experiences harassment. Personal strategies to cope
in men’s prisons in Australia; in prison were discussed including (stand
Sexualities; 2017; 20 (3); pp. up and fight getting support from other
380-401 prisoners, affiliating with ethnic groups
for support, being in female prison).
While hormone treatment was not
discussed by participants, reference was
made to prisons appearing to know
nothing of hormone treatments. New
South Wales policy takes a case
INTERNATIONAL JOURNAL OF TRANSGENDERISM 25
Journal of Interpersonal
(continued)
27
28
Table 3. Continued.
Definition of
Author Title, year and other details Location Type of publication transgender synonym Findings/key points
DISORDER (GID), is the solutions such as individualized treatment,
discomfort or distress caused education and informed consent.
by a discrepancy between a
person’s GENDER IDENTITY
and that person’s GENDER
assigned at birth. Not all TG
will be diagnosed with GD,
and a diagnosis of GD is not
M. C. VAN HOUT ET AL.
(continued)
29
30
Table 3. Continued.
Definition of
Author Title, year and other details Location Type of publication transgender synonym Findings/key points
Gender identity disorder; additional privacy and safety. The review
gender dysphoria states that classification is still based on
the levels of stress that inmates genitalia or assigned sex at birth,
transgender people placing inmates at high risk of abuse and
experience results in vulnerability. This is in violation of the
depression, anxiety, low self- Eighth, Fifth and Fourteenth Amendments.
esteem, and even
suicide ideation.
M. C. VAN HOUT ET AL.
NCCHC (2015) Transgender, transsexual, and gender US Webpage Transgender The website outlines the current state of
nonconforming healthcare in Transsexual is an older term transgender inmate healthcare including
correctional settings (Position that originated in the counseling, diagnosis and evaluation,
statement); 2015 medical and psychological hormone, surgery. It refers to PREA as well
communities. It is still as World Professional Association for
preferred by some people Transgender Health (WPATH).
who have permanently
changed-or seek to change-
their bodies through medical
interventions (including but
not limited to hormones and
surgeries). Transsexual is not
an umbrella term. It is best
to ask which term an
individual prefers. For the
purposes of this statement,
the term transgender
includes those who identify
as transsexual as well as
gender nonconforming
individuals.
Penal Reform International & LGBTI Persons Deprived of Their Global Framework Transgender defined according The report details the risk factors faced by
Association for the Liberty: A Framework for to the Yogyakarta Principles transgender persons in the criminal justice
Prevention of Preventative Monitoring; 2013; ‘to refer to each person’s system. Some of these include inappropriate
Torture (2013) London; Penal Reform International deeply felt internal and interrogations; housing and allocation; body
individual experience of searches; violence; abuse; isolation and
gender, which may or may solitary confinement and discrimination. It
not correspond with the sex uses examples from Honduras and New
assigned at birth, including Zealand to set precedence for future policies.
the personal sense of the Recommends training such as knowledge
body (which may involve, if building around sexuality and
freely chosen, modification of gender identity.
bodily appearance or
function by medical, surgical
or other means) and other
expressions of gender,
including dress, speech
and mannerisms.’
Prisons & Probation Sexual Abuse in Prisons; 2013; London England; Wales Bulletin Not mentioned Bulletin outlining sexual abuse in prisons. Case
Ombudsman for England studies presented include a transgender
and Wales (2013) prisoner stating that she was not treated
respectfully. The Ombudsman report upholds
guidelines and in this specific case,
recommended additional training for staff for
the care and management of transgender
prisoners. It states that ’ Prisons need to
ensure they conform with the Equalities Act
2010, specifically in relation to transgender
prisoners’ (p 6).
Public Health England (2018) Gender Specific Standards to Improve UK Report Not mentioned Public Health England Standards that discuss
Health and Wellbeing for Women rights of all women in prisons, including TG
in Prison in England inmates. It states that ’NHS England will be
undertaking work to develop standards of
transgender people in prison’ (p 8). It
advises on ’informed gender-sensitive
training’ and that TG women needs should
be ’assessed and appropriate services
available’ (p 38).
Ryan (2016) Transgender issues in the criminal UK Webpage Not mentioned The website details the experiences of abuse,
justice system; 2016; Legal stigma, discrimination and victimization,
Action Group citing that the ’UN Special Rapporteur on
Torture reported as long ago as 2001 that
transgender prisoners (particularly trans
women) are at ‘great risk’ of physical and
sexual abuse’. It discusses classification,
treatment by correctional officers and quotes
the Prison Service Instruction, ’The English
and Welsh policy on The care and
management of transsexual prisoners (Prison
Service Instruction (PSI) 07/2011) provides
that trans prisoners should be able to live in
their affirmed identity regardless of which
type of prison they are in. However,
prisoners frequently report having to battle
for basic items and face a challenge as
‘security’ issues outweigh equality rights.’
The Scottish Centre for Crime Safety of, from or including Scotland Webpage Not mentioned The Scottish website highlights the experiences
and Justice transgender people in prison?; of transgender inmates to include abuse,
Research (2019) 2019 stigma, discrimination and victimization,
mental health, classification and treatment
by correctional officers.
Scottish Prison Service (2014) Gender Identity and Gender Scotland Report Gender dysphoria The report details the procedures around
Reassignment Policy for those in Is distress, unhappiness and gender reassignment surgery before, during
our Custody; 2014 discomfort experienced by and after operation. It also touches upon
someone about their treatment, evaluation and diagnosis, surgery
biological sex not fully and classification as well as rubdowns,
matching their search, shower and changing facilities for
gender identity. transgender prisoners.
Thompson (2017) California funds 1st US inmate sex US Newspaper article Not mentioned Newspaper article discussing prison sex
reassignment; New York reassignment surgery.
Times; 2017
Transgender Europe (2016) Malta Prison Policy (August Europe Policy document Trans The policy document addresses the issues of
2016); 2016 Trans refers to people classification, gender affirmation, treatment
(sometimes referred to as of correctional officers and the additional
‘transgender’) whose training required and the positive impact
INTERNATIONAL JOURNAL OF TRANSGENDERISM
(continued)
31
32
Table 3. Continued.
Definition of
Author Title, year and other details Location Type of publication transgender synonym Findings/key points
psychological self (‘gender that using different pronouns may have as
identity’) differs from the well as turning consideration to searches,
social expectations for the shower and changing facilities and gender-
physical sex they were based activities.
assigned at birth. ‘Trans’ is
also an umbrella term for
transgender, transsexual,
crossdressers, gender queer,
M. C. VAN HOUT ET AL.
(continued)
33
34 M. C. VAN HOUT ET AL.
conform to a person’s
mannerisms, speech,
gender identity’
to choose their prison placement, however some (Colopy, 2012; Mann, 2006; McCauley et al.,
US, UK, Canadian and Australian institutions 2018; Simopoulos & Khin, 2014; Sumner &
practice a case-by-case approach where prisoners’ Jenness, 2014). More progressive responses in
preferred gendered housing is offered to the indi- some US, UK, Canadian and Australian prisons
vidual (Bashford et al., 2017; Mann, 2006; include the placement of incarcerated transgender
Sevelius & Jenness, 2017; Sumner & Jenness, people onto specialist wards or pods, that are then
2014). Indeed, this was a recommendation by able to address the needs of transgender prisoners
Br€omdal et al. (2019a) as well as PREA (Beck, (Bashford et al., 2017; Mann, 2006; Sumner &
2015), whereby an individual’s gender identity is Jenness, 2014). Yet in practice such specialist
taken into consideration alongside their overall wings are used to house ‘all’ prisoners with vul-
safety when placed in a closed setting. nerabilities and problems, and incarcerated trans-
The review highlights that the key issue when gender people report feeling equally vulnerable in
placing transgender individuals in a gender-based these facilities (McCauley et al., 2018).
system is that it can result in an inappropriate
classification (not the preferred option of the
Conduct of correctional staff toward incarcerated
transgender individual), placing the transgender
transgender people
person at risk of harm, or placing other prisoners
at risk of harm from the transgender person. One Experiences of transgender people in the prison
of the most cited US legal cases, Maloney v. environment are also directly impacted by prison
Kosilek (2002), saw Michelle (then Robert) and correctional staff attitudes and behaviors
Kosilek, a transgender female serving a life sen- toward them. Br€ omdal et al. (2019b) observed a
tence for strangling her wife (Osborne & lack of understanding by prison and correctional
Lawrence, 2016; Schneider, 2016; Sultan, 2003), staff in regard to how gender identity and expres-
placed in a male prison and subjected to violent sion is related to, yet distinct from, sexual orienta-
harm (Colopy, 2012) and “sexual terrorism” tion. Examples include where continual requests
(Erni, 2013, p. 6; Garcia, 2014). While it is rare by transgender individuals for evaluation have
for pre-operative transgender female incarcerated been ignored or they have experienced a cessation
people to be placed in a male prison due to the in hormone therapy whilst in prison. Prison staff
potential risk (Simopoulos & Khin, 2014), many have been described as having ‘deliberate indiffer-
transgender women report experiencing vulner- ence’ as evidence in several legal challenges in the
abilities and at risk of violence in women only US, which by law is a violation of the Eight
prisons (Br€ omdal et al., 2019b). Amendment and deemed as ‘cruel and unusual
The review illustrates that a common solution punishment’ (Alexander & Meshelemiah, 2010).
used by prison and correctional authorities when For example, Brown (2009) reported that in one
faced with decisions around the appropriate case of auto-castration in the prison, the officers
placement and safety of housing a transgender believed that the threats of auto-castration were a
individual, is to place them in segregation wings form of manipulative behavior.
or in solitary confinement (Lamble, 2012). While Many sources from the US and the UK docu-
prison officials argue this is to protect the trans- mented victimization and abuse by prison and
gender individual from harm, the social and psy- correctional staff toward incarcerated transgender
chological deprivation experienced by solitary people (Alexander & Meshelemiah, 2010;
confinement, a tool used for punishment, is argu- Bashford et al., 2017; Clark et al., 2017).
ably inhumane. This situation is even more Alexander and Meshelemiah (2010, p. 279) in the
prevalent with race as Lydon et al. (2015) found US, described how officers called transgender
that Black, Latino, mixed-race, and Native people in prison; “freak,” “sicko,” and “that
American/American Indian transgender incarcer- thing”. This was reported to subsequently cause
ated people were twice as likely to be placed in multiple issues for the individual with the prison
solitary confinement. Yet, many prisons in the officers’ bias contributing to the further overlook-
US, Australia and Canada opt for this solution ing of transphobic abuse, discrimination and
INTERNATIONAL JOURNAL OF TRANSGENDERISM 37
victimization of them by other prisoners affirming clinical interactions” (White Hughto &
(Bashford et al., 2017). This has the repercussion Clark, 2019, p. 6).
that treatment decisions and access to treatment
fall to the discretion of the prison and correctional Gender affirmation, health experiences and
staff themselves (Colopy, 2012; Garcia, 2014). situational health risks of incarcerated
Clark et al. (2017) and Poole et al. (2002) reported transgender people
that even healthcare professionals working at US
and UK prisons respectively, recalled how officers’ A core element of the overall experience of incar-
bias was an obstacle in providing adequate care to cerated transgender people is the ability to gender
their transgender patients. Direct assault, physical affirm when inside. Although it can be classed as
and sexual, from prison and correctional staff to a treatment to GD, gender affirmation is a lived
incarcerated transgender people was also docu- experience for an individual and was thoroughly
mented in other US sources (Br€ omdal et al., documented across all publications. UK-focused
publications documented recent progressive
2019b; Brown, 2014; Stotzer, 2014).
changes within prison reform, as some UK prisons
Of the few solutions proposed to support inte-
allow incarcerated transgender people to pursue
gration and acceptance, Kendig et al. (2019)
gender affirmation by accessing clothing, makeup
believe that an incarcerated transgender individu-
and prosthetics (Bashford et al., 2017), which in
al’s sense of wellbeing can be increased by prison
turn has led to increased access to gender affirm-
and correctional staff using the correct pronouns,
ing hormone treatment and surgery (Green,
such as they or them. In order to achieve this,
2010). Italy were reported to be leading the way
Colopy (2012) and Clark et al. (2017) stated that
in reform as they allowed transgender incarcerated
in order to overcome bias and provide better
people to live a real life experience and gender
treatment, staff need frequent training and
affirm while in detention (Chianura et al., 2010;
require certain decisions to be made by more
Hochdorn et al., 2018). In contrast, other articles
qualified members of staff. White Hughto et al. based in the US, discussed how in some cases
(2017) and White Hughto and Clark (2019) gender affirmation was prohibited in prison set-
piloted a transgender health training for prison tings due to lack of respective training, confusion
and correctional healthcare providers in the US. among staff or not acted upon by individuals in a
The novel intervention used an education cur- bid to protect themselves from personal safety
riculum grounded in behavioral change theory. It (Clark et al., 2017; Osborne & Lawrence, 2016).
sought to improve correctional healthcare pro- One of the dominant issues across most publi-
viders’ transgender cultural and clinical compe- cations is the risk of sexual and physical violence
tencies as well as a willingness to care for to transgender people in the prison setting. This
transgender patients, encourage subjective norms was apparent across all countries and contexts.
and provide gender-affirming care in a correc- While the rates of reported abuse vary across
tional environment. The curriculum included lec- studies, the publications that discussed the situ-
tures, discussions, role playing and case studies, ation in the US, UK, Canada, and Australia, con-
which addressed being trans in the criminal just- sistently reported how incarcerated transgender
ice system, healthcare interactions and tailored people are sexually and physically victimized at a
medical care. Key topics included the integrating far greater rate than the general prison popula-
gender affirming language such as preferred pro- tion (Bacak et al., 2018; Br€ omdal et al., 2019a,
nouns; exposure to stories from incarcerated 2019b; Brown, 2010, 2014; Colopy, 2012; Culbert,
transgender individuals; hormone provision; sur- 2014; Disspain et al., 2015; Edney, 2004; Erni,
gical considerations and mental health support. 2013; Glezer et al., 2013; Mann, 2006; Reisner
When examined, “providers indicated that the et al., 2014; Sexton et al., 2010; Stotzer, 2014; von
training provided them with the required cultural Dresner et al., 2013; Wall, 2014; White Hughto
competencies to provide care to transgender et al., 2018; Wilson et al., 2017). In a Californian
patients and basic competencies for gender prison Jenness et al. (2007) reported that sexual
38 M. C. VAN HOUT ET AL.
assault was 13 times more prevalent for incarcer- vulnerabilities on entry, are extremely vulnerable
ated transgender individuals, than others, and to exploitation and have unmet specific health
with 59% having experienced a sexual assault (and mental health) needs when incarcerated.
while in prison. Colopy (2012) documented in Three studies referred to instances of auto-castra-
their paper, that as many as 59% of incarcerated tion in US prisons (Brown, 2009, 2010, 2014).
transgender individuals reported experiences of
sexual assault whilst in prison, compared with 4% Transgender access to gender-related healthcare
of the general prison population. Furthermore, in prisons
the incidence rates of sexual and physical abuse
of black and ethnic minorities were proven to be Records documented the health needs and experi-
much higher than their white counterparts ences of the transgender people in prison from a
(Grant et al., 2011). range of different stakeholder perspectives, using
The review highlights that this high-risk envir- various methodological approaches, and across
onment, and the risk of harm to oneself whilst in multiple geographic locations including the US,
the prison setting impacts the mental health sta- UK, Canada, Australia, South Africa, Thailand,
tus of incarcerated transgender people. This is Italy, Brazil, Hong Kong and Ireland. The review
well documented across included publications. is unable to provide any comprehensive scale or
Incarcerated transgender people regularly arrive quantifiable scope of the health profile of the
to prison with existing mental health issues, transgender population when in prison. However,
which appear to be exacerbated by the hostilities we can detail the nature of the health situation of
encountered in prisons, their experience of incar- incarcerated transgender people, due to identified
ceration, violence, poor care and/or withdrawal consensus across publications, which report on
from hormone treatment (Bashford et al., 2017; the poor health situation and standards of care
Brown, 2009, 2010, 2014; Drakeford, 2018; for this key prison population, compared to gen-
Garcia, 2014; Halbach, 2016; Harawa et al., 2017; eral prison populations. It is worth noting that as
Jones & Brookes, 2013; Maruri, 2011; McCauley the majority of studies are based in the US, those
et al., 2018; Reisner et al., 2014; Sexton et al., from lower socio-economic backgrounds outside
2010; Simopoulos & Khin, 2014). Relatedly, inci- of prison, will have even greater difficulty paying
dents of suicide and self-harm within this popu- for general healthcare, irrespective of their gen-
lation in US and UK prisons are significant, with der-related needs (see Table 4) (Lydon et al.,
rates increasing following periods of solitary con- 2015). The review underscores that transgender
finement (Bashford et al., 2017; Br€ omdal et al., people in prison continue to be a significantly
2019b; Brown, 2009, 2014; Drakeford, 2018; vulnerable and disadvantaged group with com-
Reisner et al., 2014; Simopoulos & Khin, 2014). plex and multiple health and social care issues,
Risk taking behaviors among incarcerated requiring unique prison healthcare and treatment
transgender people are well documented in the needs (Jones & Brookes, 2013).
included publications. These include high levels Access to gender-related assessment and
of problematic substance use, with studies in the healthcare for incarcerated transgender people is
US reporting on high rates of hazardous drinking described as highly problematic and controversial
and use of multiple substances (Beckwith et al., in all publications. Three dominant healthcare
2017; 2018; Harawa et al., 2017; Reisner et al., problems are repeated regarding diagnosis,
2014). Entry to prison is often pre-dated by exist- healthcare and gender affirming surgeries (GAS).
ing low self-worth due to significant societal stig- Firstly, across prison settings the use of the DSM
matization (Br€ omdal et al., 2019b; McCauley (American Psychological Association, 2015) is
et al., 2018; Sexton et al., 2010); self-reports of used to determine and classify a transgender per-
engaging in sex work as a means of securing sons GD status (clause V). There are many aca-
finances (Reisner et al., 2014); and homelessness demic debates regarding the classification and
(Sexton et al., 2010). This furthers the point that diagnosis of DSM-V, outside of this setting.
incarcerated transgender people have significant Whilst some transgender people may reject a
INTERNATIONAL JOURNAL OF TRANSGENDERISM 39
diagnosis of GD arguing the label is stigmatizing allowed GAS (Routh et al., 2017). While some
in that it suggests the person is sick or abnormal prisons do support the use of hormone treat-
in some way (Maruri, 2011), others require it in ment, they require the transgender person to pro-
order to access appropriate medications and hor- vide evidence of an official diagnosis and
mones to alleviate their symptoms (Brown, 2010). evidence of legitimate hormone prescriptions
Access to a diagnosis while in prison is, however, prior to incarceration (Clark et al., 2017; Mann,
problematic due to the intensity of resources 2006). However, prior to incarceration, many
required, existing stigmatized attitudes among transgender people are only able to secure hor-
prison healthcare professionals and other people mone treatments through the black market due
in prison, as well as a general lack of medical to the high cost of prescriptions, thus are unable
knowledge. In turn, this may result in incarcer- to demonstrate a treatment history and diagnosis
ated transgender people not receiving an initial on entry to prison (Brown, 2009; White Hughto
evaluation or diagnosis, being wrongly diagnosed, et al., 2018). Furthermore, when appropriate
and subsequently not receiving the correct med- treatment is provided in prison, continuity of
ical treatment (Simopoulos & Khin, 2014). care is not always sustained. Transgender people
Indeed due to the significant discrimination expe- in US prisons have reported interruptions due to
rienced by incarcerated transgender individuals delayed prescribing, out of stock medications,
by prison staff and prison healthcare professio- transfers to different wings, and intermittent dos-
nals, a diagnosis of GD remains uncommon ing, even for treatments such as anti-retroviral
(Colopy, 2012). treatment for HIV infection (Culbert, 2014; Lea
Secondly, the WPATH SOC require prisons et al., 2018; McCauley et al., 2018). The actual
and other closed settings to provide medical hor- HIV prevalence rate, as well as that of other
mone treatment to incarcerated transgender peo- communicable diseases such as sexually transmit-
ple (WPATH, 2012). Failing to do so, or abruptly ted infections (STIs) and tuberculosis (TB), in
stopping hormone treatment, is likely to have transgender prison populations are further
detrimental effects on the physical and psycho- unknown and undocumented (Br€ omdal et al.,
logical state of the person, such as carrying out 2019b; Emmer et al., 2011; Poteat et al., 2018);
auto-castration, depression, dysphoria or suicide although Okamura (2011) reported that 60-80%
(Bashford et al., 2017; Green, 2010; WPATH, of transgender incarcerated people in a
2012). To support this, principle 12 of the Californian prison were HIV positive.
National Commission on Correctional Transgender people in prison may also choose
Healthcare’s position statement declares, not to engage with healthcare facilities due to
“Transgender patients who received hormone stigma and potential risk should they disclose any
therapy with or without a prescription prior to health status (Harawa et al., 2018).
incarceration should have that therapy continued Thirdly, while access to hormone treatment is
without interruption pending evaluation by a spe- sporadic, GAS is rarely offered as a treatment
cialist, absent urgent medical reasons to the con- option within prisons. Sources highlight how
trary. Hormone therapy should not be refusal to provide access to treatment and GAS
discontinued precipitously as this will likely cause for incarcerated transgender individuals has regu-
depression and anxiety” (NCCHC, 2015). Sources larly been challenged in the US courts as a viola-
in the US draw light on the concerning situation tion of the Eighth and Fourteenth Amendment
that many prison and state policies do not sup- (Garcia, 2014). One of the challenges when con-
port the continued use of hormone treatment for sidering GAS for legal and medical professionals
transgender prisoners (Routh et al., 2017; Stotzer, is the medical and developmental paradigms in
2014). In a study of 50 US states, 30 prohibited which GD exists. Levine (2016) reflected that
counseling consults for incarcerated transgender while GD is a serious medical concern as out-
people, 27 did not initiate hormone treatment, 20 lined in the DSM-V, healthcare professionals who
discontinued hormone treatment, potentially believe that GAS is an inevitable treatment plan
causing irreparable damage, and only eight states must confirm that GAS would prevent death or
40 M. C. VAN HOUT ET AL.
further complications for the patient, relieve pain the sample size and geographical range of the
and improve capacity to function. However, other articles and a lack of global research on the situ-
healthcare professionals believe that GD is more ation of transgender incarcerated people, with the
of a developmental issue in which biological, literature heavily weighted on Western countries.
social, psychological and cultural factors interplay For example, studies were dominated by discus-
and so surgery may not be appropriate. While all sion and analysis of prison policy, practice and
transgender people in prison are entitled to experiences of transgender prisoners within a
adequate levels of care that is medically neces- limited number of States within the US (see
sary, including GAS (Halbach, 2016), meeting the Tables 2–4). Only a few studies solely examined
eligibility criteria for GAS while incarcerated is the transgender prison experience, which them-
difficult (Osborne & Lawrence, 2016). selves were small and localized to specific issues
Incarcerated transgender people may find it diffi- or geographical location such as one jail in the
cult to evidence their symptoms, such as contin- US state of Florida (McCauley et al., 2018), or
ual thoughts of altering genitalia, genital harm prisons in New South Wales, Australia (Yap
and mental health co-morbidities (Brown, 2009), et al., 2011). We further recognize the limitation
as many transgender prisoners minimize and in language, with only English records included.
hide symptoms in prison due to stigma and dis- The review highlights the lack of consensus and
crimination. They may find it difficult to give full application of diverse definitions of transgender,
consent (gauging a person’s ability to consent, the seeking of gender affirmation, the hostile
having access to all information and being aware prison environment and risk to health, as well as
of the possible complications is unrealistic); dem- barriers to access of appropriate medical care,
onstrate they have control of any co-morbid con- across the included prison publications.
ditions; and evidence that they have lived as their The review highlights concerning breaches of
preferred gender (gender affirmation) for a min- human rights when incarcerated. Gender affirm-
imum of 12 months (Osborne & Lawrence, 2016). ation is restricted, with slight progressive changes
Compounding these issues in prison are the pol- observed only in Italy and the UK. For example,
itical and resourcing challenges that inform and the 2006 and updated 2017 Yogyakarta Principles
dictate clinical decisions. on the Application of International Human
Rights Law in relation to Sexual Orientation and
Gender Identity, state that one’s gender identity
Discussion
is integral to their “dignity and humanity and
The scoping review represents a unique and first must not be the basis of discrimination or abuse”
step toward mapping extant literature on the glo- (Yogyakarta Principle 32, The Right to Bodily
bal health situation of incarcerated or detained and Mental Integrity). Standards of care appro-
transgender people in prisons and other closed priate to the special vulnerabilities of transgender
settings. The review reflects a dearth of academic people appear to be breached in many of the
publications on the topic, perhaps reflective of publications included in this review. Failure by
the hidden nature of this vulnerable group, not- prison health authorities to provide a diagnosis
withstanding the bureaucratic barriers in con- for the transgender individual should be consid-
ducting such sensitive prison health research, ered as a breach of the Yogyakarta Principle 9
gaining access to incarcerated transgender people which mandates the right to treatment with
and obtaining data due to general lack of trans- humanity while in detention (International
parency within correctional institutions. Strengths Commission of Jurists, 2007; Yogyakarta
of the review are based on its robust and com- Principles, 2006). Other Yogyakarta Principle
prehensive method in searching and charting potentially breached include 2 (The Rights to
extant literature, despite the huge gaps in Equality and Non-Discrimination), 3 (The Right
research globally. While the issues raised across to Recognition before the Law), 17 (The Right to
sources are detailed and varied, there are several the Highest Attainable Standard of Health), 31
limitations within included studies. These include (The Right to Legal Recognition) and 33 (The
INTERNATIONAL JOURNAL OF TRANSGENDERISM 41
closed setting, according to the UN Special generally placed in male or female facilities
Rapporteur on Torture, they are particularly at according to their genitalia (Sevelius & Jenness,
risk of human rights violations including verbal 2017) or housed in solitary confinement in a sin-
harassment, physical and sexual violence and gle-sex housing unit, ward, or pod due to staff
exposure to HIV, and lack of access to psycho- concerns for prisoners’ protection. For example
logical and HIV-related services, hormones or in the US, the general policy is to house accord-
gender affirming health services (UNDP, 2013). ing to birth assigned sex or genital configuration,
Such hostile unsafe environments, stigma-based whereby, post-operative transgender men are
discrimination and violence compounds mental placed in women’s prisons. The US revoked its
health conditions such as depression, anxiety, position in 2018, and reverted to using a gender
and suicidality (White Hughto et al., 2015). and sex binary model for housing transgender
These unique vulnerabilities directly relate to the people (Caspani, 2018). However, some progress
breach of mandates stipulated in the Yogyakarta is still being made to promote transgender rights
Principles 5 (The Right to the Security of the in prisons in the US, for example in the Keohane
Person); 9 (The Right to Treatment with v. Jones (2018) case, which was concluded four
Humanity while in Detention); 10 (The Right to months after the policy changes, the defendant
Freedom from Torture and Cruel, Inhuman or was permitted to gender affirm by wearing female
Degrading Treatment or Punishment); 18 clothing and accessing female items. Other coun-
(Protection from Medical Abuses); and 27 (The tries such as the UK, Australia and Canada have
Right to Promote Human Rights). Recognizing more promising housing allocation for trans-
transgender identities and respecting individuals’ gender people in prison. There is movement glo-
decisions improves their vulnerable health situ- bally to improve housing conditions for
ation. Whilst strides are being made in changing transgender prisoners so that they are placed
the use of language and better understanding of according to their gender identity rather than
gender-affirming action in countries such as the their genitalia. It is worth noting that some trans-
UK, US and Australia, sexual and physical vio- gender incarcerated people believe they should be
lence of transgender incarcerated people warrants given the choice of where they should be housed,
significantly greater attention. These types of vio- for example women’s prisons have been perceived
lence were only briefly mentioned in many of the as vicious and harmful (Bashford et al., 2017;
articles but in depth research outlining the phe- Mann, 2006; Sevelius & Jenness, 2017; Sumner &
nomenon, depicting the complete picture on a Jenness, 2014).
global scene, especially highlighting differences In March 2013, the Shadow report on the
between the general prison population and that International Covenant on Civil and Political
of transgender incarcerated individuals, is an Rights, Hong Kong activists called on the Human
essential area for future research. Due to the Rights Committee “to ask the government to
challenges that researchers face in accessing both account for its failure to set up regulations for
prisons and transgender prisoners, researchers treating transgender prisoners with humanity and
should look to engage collaboratively with trans- respect” (UNDP, 2013, p. 10). In September
gender activist communities to access these hard 2018, a national workshop in Thailand facilitated
to reach groups, so that they can co-produce, by the Department of Rights and Liberty of the
design and deliver projects or interventions tail- Ministry of Justice and United Nations
ored to the specific needs of transgender prison- Development Program (UNDP), called for new
ers. This approach will ensure that the complete standards to manage incarcerated transgender
research team is diverse in itself, which would people and combat sexual harassment in prisons.
provide recognition of the complex intersections Some countries such as the UK have adapted and
of transgender incarcerated individuals. developed their technical guidance for prisons
The complexities around suitable housing and and other closed settings to incorporate a holistic
the prevention of harm and isolation are high- approach that gives transgender prisoners the
lighted in this review. Transgender prisoners are same access to safety, health, dignity and
INTERNATIONAL JOURNAL OF TRANSGENDERISM 43
rehabilitation as other prisoners, wherever they conditions and informed detention placement for
are housed (Br€ omdal et al., 2019a; Ministry of transgender people is warranted.
Justice, 2011, 2017; Public Health England, 2018).
Others have developed dedicated prison units for Conflict of interest
transgender prisoners, for example in the US,
Canada and Australia (Bashford et al., 2017; The authors declare that they have no conflict
Mann, 2006; Sumner & Jenness, 2014). Br€ omdal of interest.
et al. (2019a) provided comprehensive recom-
mendations in relation to the appropriate hous- Disclosure statement
ing of individuals to include, implementing a No financial interest or benefit has arisen from the direct
case-by-case housing policy, considering gender applications of the research. This article does not contain
identity and preference; reassessment of housing any studies with human participants or animals performed
circumstances twice per year (including protect- by any of the authors.
ive custody and segregation); and potentially
establishing same cell or units for transgender ORCID
incarcerated people. These changes, alongside
Marie Claire Van Hout http://orcid.org/0000-0002-
others already recommended, would significantly
0018-4060
impact incarcerated transgender people by reduc- Stephanie Kewley http://orcid.org/0000-0001-6841-5577
ing vulnerability; create transparent policies Alyson Hillis http://orcid.org/0000-0002-7286-0136
across all levels of the prison setting; support the
wellbeing of incarcerated transgender people; and
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