A landmark legal challenge has been launched against the Scottish government, with a court hearing allegations that its policy on transgender prisoners is treating female inmates as "pawns" for political gain. The case, brought by campaign group For Women Scotland, accuses ministers of operating an "Orwellian" system that compromises the safety and rights of biological women in prisons.
Judicial Review Begins in Edinburgh
On Tuesday, the Court of Session in Edinburgh commenced a three-day judicial review hearing initiated by For Women Scotland. The organisation contends that current Scottish Prison Service guidance, which permits transgender women to be housed in female prisons under certain conditions, is fundamentally unlawful. Advocate Aidan O'Neill KC, representing the group, delivered scathing criticism of the policy during opening arguments.
Allegations of Rights Violations
Mr O'Neill asserted that Scottish ministers are breaching the human rights of biological female prisoners through their approach to transgender inmate placement. He specifically referenced the group's previous Supreme Court victory, which affirmed that terms like "men" and "women" refer to biological sex and that female-only spaces may lawfully exclude men. The advocate argued that the current policy disregards this legal precedent.
"What's happening here is that women in prison are being treated and used by the Scottish government in this case to be traded as pawns for political gain," Mr O'Neill told the court. He suggested that "backroom deals" might be influencing the government's defence of the policy despite what he characterised as unfavourable legal standing.
The Current Policy Framework
Under existing Scottish Prison Service guidelines, transgender women can be admitted to female prison facilities if they do not meet criteria related to violence against women and girls, and if there is no evidence suggesting they pose an "unacceptable risk of harm" to other inmates. For Women Scotland is seeking a court order to declare this policy unlawful and compel ministers to abandon it entirely.
In pre-hearing legal arguments, the Scottish government defended its position, stating that a "blanket rule" placing transgender prisoners according to biological sex "would violate the rights of some prisoners." Government lawyers plan to argue that alternative placement may be necessary to prevent violations of the Human Rights Act and Scotland Act 1998.
Psychological Impact Claims
Mr O'Neill further contended that the policy has severe psychological consequences for female prisoners. He claimed women are being "gaslit" and "psychologically manipulated into questioning their own sanity or ability to reason" by a system that appears to prioritise trans-identifying men. The advocate described the policy as demonstrating "institutional neglect of and contempt for women's rights."
Using George Orwell's Animal Farm as an analogy, Mr O'Neill stated: "Women good. But men identifying as women better. Or all women are equal, but men identifying as women are more equal than others." He emphasised that he would consistently use the terms "women" and "men" to refer to biological sex throughout the proceedings.
Safety Concerns Highlighted
The hearing heard claims that biological men convicted of serious violent offences, including murder, have been placed in women's prisons alongside vulnerable female inmates under the current policy. Mr O'Neill argued this creates unacceptable safety risks and treats women prisoners as "human shields" in a political conflict.
The advocate also noted that no ruling from the European Court of Human Rights in Strasbourg supports the Scottish government's approach. The judicial review before Lady Ross continues as Scotland's highest civil court examines these contentious issues surrounding prisoner management and human rights protections.
