Under certain provisions of the Equality Act 2010 (“EA”) which came into force in October 2010 to replace the previous race, disability and gender equality duties, a person will be protected against unlawful discrimination or harassment if they intend to undergo, are currently undergoing, or have already undergone a process to reassign their sex by changing physiological or other characteristics of their sex. All public authorities including the Prison Service are required to have due regard to the need to eliminate …show more content…
Management would have a duty to implement preventive and protective measures to eliminate, reduce or control any health and safety risks which are related to the expression of their gender identity. Failure to meet this obligation may give rise to health and safety liabilities if, for example, insufficient measures are taken to protect transgender prisoners against breaches of their basic rights to privacy and dignity by other prison detanees. Therefore, prison management has to identify the risks by doing an assessment to examine carefully the possible health and safety hazards in the prison accommodation environment and the actions that will be need to be taken to minimize these (Giresi,