| 2023 | In view of the lack of preparation of the Prison Service for the needs of LGBT+ persons in Polish
penitentiary units and the need to introduce systemic solutions for the treatment of LGBT+ persons, the following are the areas that, in the opinion of the KMPT, require changes based on international standards:
- Including information on gender identity in the prisoners' records
- Accommodation conditions and regime - separation from other detainees for security reasons often means serving a sentence under a stricter regime. This can manifest itself in denial of access to services, facilities offered to other detainees. In practice, this means that LGBT+ detainees may not be able to receive vocational training, attend workshops, continue their education or sports activities, or even go for a walk. They may also be excluded from therapeutic groups and rehab programmes. Such discrimination leads to the deprivation of meaningful human contact and greater isolation.
- Personal checks - international standards state that searches should be conducted by staff of the same sex as the detainee. The situation of intersex and transgender detainees is particularly sensitive in this regard, especially if their gender has not been recognised by the prison authorities or if they are in transition and gender adjustment. There is a risk that prisoners will not be recognised according to their gender identity. In such cases, transgender women may be searched by male staff. The same risk applies to transgender men. Furthermore, body searches may be used to humiliate transgender detainees. In order to reduce and prevent such risks, transgender prisoners should be able, on a case-by-case basis, to choose the gender of the prison staff conducting the search.
- Treatment and therapy - Transgender prisoners have special health care needs that are often neglected by prison authorities. The very first examination upon admission is important, where the needs of transgender people should be identified and determined.
- Use of pronouns - when interacting with transgender prisoners, the declared gender identity of
interlocutors should be recognised and their preferred name and gendered pronouns chosen by the person, consistent with their self-identification, should be used.
- Image - inmates should not be penalised or discriminated against for displaying their sexual orientation or expressing their gender identity, or for showing affection towards a person of the same sex. Allowing transgender people to wear clothing consistent with the gender they experience and to own items that identify their gender (clothing, accessories, cosmetics) enables them to live in accordance with the gender with which they identify.
- Staff training - in line with the principles of the Yogyakarta Principles document, programmes should be implemented, training for police, prison staff and all other public and private sector officers on raising their awareness, as well as international standards and principles of equality and non-discrimination, including in relation to sexual orientation and gender identity. | Report details |