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November 24, 2025

Sexual minorities in prison; the challenge of categorizing prisoners based on gender / Rezvaneh Mohammadi

“The prison should be nothing but deprivation of freedom.” (Georges Pompidou, President of France 1974-1981)
Michel Foucault sees the prison as a mechanism for behavior modification, made possible by the deprivation of freedom within the legal system. (Surveillance and Punishment, 288)
Sexual minorities, like other members of society, may violate laws and be sentenced to prison by a judge. The approach of governments towards transgender prisoners varies. In most countries, individuals are placed in either male or female prisons based on the gender listed on their identification documents. However, in some places, a different approach has been taken, creating a separate prison (wing) for transgender individuals.
For example, according to New Zealand laws, the prison environment for transgender individuals should be accepting of their identity and not subject them to any discrimination based on their gender identity. According to an amendment passed in 2005, individuals can only be placed in a wing that aligns with

1 – Footnotes:
1 – Inhumane conditions of transgender prisoners in Evin Prison (https://www.hra-news.org/2016/hranews/a-5088/)
2 – The Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity cover a wide range of norms. These principles state the primary obligations of countries in implementing human rights in practice.

Created By: Razvaneh Mohammadi
August 23, 2019

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