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'Blanket Rule' for Trans Prisoners Would Violate Rights, Ministers to Argue

The Scottish Government will argue next month that banning transgender prisoners from women’s prisons breaches the European Convention on Human Rights, despite legal challenges.

  • The Scottish Government will tell the Court of Session on February 3 that a blanket ban on housing biological males in female prisons would breach the ECHR, Articles 8 and 14.
  • After winning a Supreme Court case last year, For Women Scotland argues ministers must provide women-only prison accommodation and says current guidance wrongly allows male prisoners in the female estate.
  • Scottish ministers' published legal papers argue that the Equality Act 2010 'does not mandate sex segregation' and that individualised assessments, citing low opposite-sex placements since 2006, guide prison policy.
  • Scottish ministers will defend the policy in court, publishing their note of argument ahead of next month’s hearing amid cross-party criticism and questions for First Minister John Swinney.
  • After the Isla Bryson case, the Scottish Prison Service houses 80% of transgender prisoners in an estate matching their biological sex, amid guidance from the European Committee for the Prevention of Torture.
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Blanket ruling on trans prisoners would ‘violate rights’ – Scottish Government

Ministers have published legal arguments on the issue ahead of a hearing at the Court of Session in Edinburgh next month.

·Skipton, United Kingdom
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The Scotsman broke the news in Scotland, United Kingdom on Tuesday, January 20, 2026.
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