Often Cruel, Sometimes Unusual, and Sadly Predictable

Le résumé fourni par la source

Decades of successful grassroots activism, policy advocacy, and legal change have raised the visibility of transgender people, including by bringing attention to the ways in which transgender people are differentially criminalised and policed, are judicially discriminated against, and suffer the pains of imprisonment in disparate ways. As the Prison Policy Initiative in the United States succinctly observed, “trans people are criminalised and discriminated against for simply being trans” ( Herring and Widra 2022 , p. 4), an insight that has been affirmed in reports by the United Nations 1 and publications by academics outside the United States (Rodgers, Asquith, and Dwyer 2017). This reality is increasingly recognised by researchers, politicians and policymakers, advocates, and corrections officials who publicly proclaim a commitment to ensuring fair treatment of transgender people who have contact with the criminal legal system, including those in carceral spaces. As O&s;Connell, Aizpurua, and Rogan (2021 , pp. 447–8) explained in their work on the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (a supranational prison oversight body): Transgender people are incarcerated for various reasons, but systemic discrimination is often an underlying factor [41]. Transgender people face discrimination when it comes to housing and employment opportunities and are also likely to face harassment and hate-based violence. As a result, transgender people are at risk of dropping out of school, experiencing economic uncertainty and criminalization [42]. Many transgender people face problems at home, find it difficult to secure employment and are unable to access safe support services. This amalgamation of discriminatory factors may result in transgender people finding themselves homeless and unemployed. In such situations, transgender people may turn to working in illegal economies, which can lead to their imprisonment [24].

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