Accommodation of transgender prisoners and Article 3 ECHR

Claire Methven O’Brien writes for Scottish Legal News on how attention has recently focused on policy and practice concerning accommodation of transgender prisoners in Scotland. However, the role of Article 3 of the European Convention on Human Rights (ECHR) has been little discussed in this context. Accordingly, this post first addresses the general character of the prohibition against torture, inhuman or degrading treatment or punishment. It then outlines some of its implications for policy and decision-making in this area.