Changes to Equal Opportunity Act put women prisoners at increased risk
18/08/2022
The Law Reform Commission of Western Australia, following its review of the Equal Opportunity Act (EOA), has recommended “providing anti-discrimination protections to those who are trans, gender-diverse or non-binary without the need for recognition from the Gender Reassignment Board.”
Single Sex Prisons WA is concerned that the McGowan government accepted this recommendation.
If implemented, the recommendation means safeguards will be removed in relation to men identifying as women and being housed with women prisoners. SSPWA believes there will be adverse consequences for the rights, safety and well-being of imprisoned women as a result.
WA Corrective Services already has in place a policy which allows cross-sex placement based only on sex-self-identification, but once included in the EOA, this provision will likely lead to an increase in the number of dangerous male offenders identifying as women in order to be considered for placement within women’s prisons.
“Despite the best intentions of Corrective Services staff and state government, cross-sex placement within prisons and jails creates serious safety concerns for women,” said SSPWA Founder Jessica Williams, herself an ex-imprisoned woman. “The risk assessment procedures set forth in Corrective Services policies (which allow cross-sex placement based on sex-self-identification) are not efficient in keeping women prisoners safe. This is demonstrated by the current situation at Dame Phyllis Frost Centre in Victoria, where imprisoned women are petitioning for a dangerous male sex offender to be removed from their unit.”
Imprisoned women are extremely vulnerable. Research indicates that women prisoners have a much greater need for mental healthcare support upon entering prison compared to men, and have higher rates of attempted self-harm while in prison. Further, large numbers of imprisoned women are victims of physical and sexual abuse.
We believe that, at a minimum, Rule 11 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), which pertains to separation of prisoners, is breached by allowing men to be placed with imprisoned women.
“SSPWA does not object to provisions for improving the welfare of at-risk prisoners provided they do not compromise sex-segregation within WA penal facilities. At-risk male prisoners must be protected within male prisons,” said Mrs Williams.
We understand that the political climate surrounding this issue is tense, but we urge the McGowan government to remember that the safety of extremely vulnerable women is at the core of this matter. We call on the McGowan government to treat the protection and well-being of women prisoners as paramount within Corrective Services policies.
Contact for comment:
Jessica Williams, SSPWA Founder – singlesexprisonswa@yahoo.com
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