There are moments when we can make a real difference in someone’s life. This was one of them. With the launch of the new Trans, Gender Variant and Intersex Policy for inmates at Corradino Correctional Facility, Malta became one of the first EU countries to safeguard human rights by promoting inclusion and diversity among inmates.
Criminals must serve their time but deprivation of liberty should not constitute deprivation of dignity, equity or social justice. Every human being expects to be treated in a humane way. And, of course, prison isn’t just about serving time, it’s about preparing to return to society. The management of CCF puts great store in the rehabilitation of inmates. This is done through positive measures of education, sport and work.
We embarked on a process of change for the facility to emphasise correctional services, especially through the recruitment of correctional officers and professionals.
The implementation of the Trans, Gender Variant and Intersex Inmates policy is another step in this process for change, ensuring conformity with international and national law and public policies concerning data protection, bullying, harassment and discrimination.
After the Gender and Identity Bill came into effect last year, discussions started between the Ministry for Home Affairs and the Ministry for Social Dialogue and Civil Liberties to evaluate how these new rights in Maltese society could be applied to the facility. The road was a difficult one. We were dealing with an entity of maximum security, with realities that are different from mainstream society. Every step taken had to be in line with prison regulations.
There were many discussions, including with trans residents. We looked at experiences abroad, learning particularly from how things operate in Scotland. By the beginning of 2016 it was decided that the way forward was the drafting of a comprehensive policy aimed to ensure that each inmate is treated fairly without discrimination or harassment on gender identity, expression of identity or sexual characteristics.
Searches conducted by prison wardens might be the hardest challenge to tackle
The objective was to provide information and advice for all correctional services employees, including management, in relation to the equal treatment and human rights obligations regarding trans, gender variant and intersex inmates.
The core value behind it was equity – the achievement of justice and a good quality rehabilitation experience together with opportunities for learning, work and other privileges.
We also wanted to outline the procedures to be followed by correctional services in the event of a trans, gender variant or intersex inmate being brought into CCF.
We are glad that the main principles highlighted in the policy are now being implemented. A brief overview of the policy sees the introduction of a number of new measures that will make a difference in the prison experience of trans inmates.
The central development surrounds the issue of allocation. Accommodation provided must reflect the gender marker on the inmate’s birth certificate, or other official identity document with a sworn declaration. Thus, a female-to-male trans inmate living as a man should be allocated to a male establishment as per their gender marker. A male-to-female inmate living as a woman should be allocated to a female establishment as per her gender marker.
In actual fact, four trans inmates, who were previously allocated to the male section despite being in possession of legal documents showing their identity as females, have now been relocated to the female section.
A trans inmate may initially be accommodated in separate facilities for no longer than seven days to enable better assessment by professionals of how to manage their safety in mainstream accommodation. Another sensitive issue was that of searches. These will now be conducted in accordance with the inmate’s gender marker, rather than their sex characteristics. Prison inmates must comply with the body search procedures and should be reported by officers if they refuse to submit themselves to such searches.
Further still, inmates now have the right to access gender recognition procedures while in custody and efforts should be made by correctional services to ensure access to the requested medical treatment, including support for mental health that assists inmates in aligning their physical characteristics with their gender identity.
We know that for these measures to be a success members of staff need to understand the concepts and terms behind the topic of gender identity. When it comes to searches conducted by prison wardens, this might be the hardest challenge to tackle. A training programme will be provided for correctional officers at the Academy for Disciplined Forces at Ta’ Kandja to be aware of sexual and gender orientation issues.
It will also comprise appropriate strategies for communication with inmates about such a private topic and appropriate procedures to ensure the safety and security of these inmates. Prison policies on the identification and prevention of bullying and discrimination on the grounds of gender identity will be delineated.
This policy is another step forward in civil rights, where the expression of one’s own identity with liberty is celebrated. We are firm believers that protection in the Constitution is not enough; it has to be backed by solid, on-the-ground policies and a determination for principles to be put into action. It is such an attitude that has made this country a leader in human rights that others want to follow.
Now that these rights have been extended to trans inmates at CCF we hope they will serve as a source of motivation for these inmates to strive even harder to become better people, ready for reintegration into society. Respect is a two-way street. Individuals who are treated with dignity need to obey laws and treat the rest of society with dignity.
Carmelo Abela is Minister for Home Affairs and National Security.