author={John Nguyet Erni},
  journal={Cultural Studies},
  pages={136 - 159}
  • J. Erni
  • Published 1 January 2013
  • Law
  • Cultural Studies
Transgender persons are strangers to the law; or put more accurately, the legal imagination is so deeply entrenched in normative gender binarism as to effectively render transsexuals a ‘freakish’ anomaly to law. This essay attempts to offer a reflection on transgenderism, law and sexual crime from a human rights and criminal law perspective. It focuses on one of the most violent types of institution in society – the prison – and asks: what are the legal imagination and practice surrounding… 

The "double punishment" of transgender prisoners: a human rights-based commentary on placement and conditions of detention.

The continued "double punishment" of incarcerated transgender people (in particular trans-women) is illustrated and breaches in human and gender rights and minimum standards of care are identified.

The Hundred Years’ War: The Etiology and Status of Assaults on Transgender Women in Men's Prisons

The nature of the inflexible corrections system around issues of gender is reviewed and why the protection of transgender women in jails and prisons is important to address and how it might be done, and is being done, in some facilities is reviewed.

Navigating intimate trans citizenship while incarcerated in Australia and the United States

Trans women incarcerated throughout the world have been described as “vulnerable populations” due to significant victimization, mistreatment, lack of gender-affirming care, and human rights

The transgender pains of imprisonment

Sykes (1958) famously outlined five deprivations constituting the ‘pains of imprisonment’, later developed in a range of research, including research considering the gendered pains of imprisonment.

An Exploratory Study of Transgender Inmate Populations in Latin America

Transgender persons disproportionately face inequities, especially in prisons. Despite these inequities, the academic literature on this topic is limited. Even more limited is the literature on

The Experience of Transgender Women Prisoners Serving a Sentence in a Male Prison: A Systematic Review and Meta-Synthesis

Due to social exclusion and direct and indirect discrimination, there is a disproportionate representation of transgender individuals in prison. The aim of this article is to report the findings of a

“We Don’t Recognize Transsexuals … and We’re Not Going to Treat You”: Cruel and Unusual and the Lived Experiences of Transgender Women in US Prisons

Within prison populations, the World Health Organization, the United Nations Office on Drugs and Crime, and the US National Standards to Prevent, Detect and Respond to Prison Rape: Final Rule (PREA)

Surveying Issues That Arise in Women's Prisons: A Content Critique of Orange Is the New Black

The character Piper Chapman is presented in the Netflix original series, Orange Is the New Black (OITNB). Piper's story opens the door to the female correctional facility. With the mass incarceration

When Temporal Orbits Collide: Embodied Trans Temporalities in U.S. Prisons

This paper explores trans temporalities through the experiences of incarcerated trans feminine persons in the United States. The Prison Industrial Complex (PIC) has received increased attention for

To What Extent Have the Rights of Transgender People Been Underrealized in Comparison to the Rights of Lesbian, Gay, Bisexual, and Queer/Questioning People in the United Kingdom?

ABSTRACT This article aims to consider how LGBT+ people have been excluded from human rights practice in the United Kingdom using data from a survey based on the Yogyakarta Principles (YPs). This



'Trapped' in Sing-Sing: Transgendered Prisoners Caught in the Gender Binarism

This Article examines the multitude of troubles confronting transgender prisoners, applying theoretical understandings of the relationship between gender and society. Many transgender prisoners have

Unprincipled Exclusions: The Struggle to Achieve Judicial and Legislative Equality for Transgender People

This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether

Time for Change: A Call for the Legal Recognition of Transsexual and Other Transgender Persons in Hong Kong

There is a strong case to be argued under the right to marry, but that litigation is unlikely to provide a comprehensive solution to the problems faced by Hong Kong's transgender persons, and the article calls for full legal recognition to be granted to them through legislative means.

Transitioning Our Prisons Toward Affirmative Law: Examining the Impact of Gender Classification Policies on US Transgender Prisoners

This article will trace how sexual violence related judicial and legislative history has framed and impacted transgender prisoners’ rights. I will first explain the prevailing U.S. prisoner

Transgender Legal Advocacy: What Do Feminist Legal Theories Have to Offer

Transgender persons face severe prejudice and discrimination in a wide variety of areas—from areas of public concern like employment, credit, public accommodations, and law enforcement, to more

Lost in transition: transpeople, transprejudice and pathology in Asia

Asia (particularly South and Southeast) is home to large numbers of transpeople: persons who are gender identity variant in that they present and identify in a gender other than that matching the

Contact Reduces Transprejudice: A Study on Attitudes towards Transgenderism and Transgender Civil Rights in Hong Kong

The findings support the contact hypothesis, that contact has a positive effect on attitudes towards TG/TS persons, and the implications of these findings for public education interventions and public policy, as well as for research.

The rights of lesbians, gay men, bisexuals, and transgender people : the authoritative ACLU guide to a lesbian, gay, bisexual, or transgender person's rights

A completely revised edition of the authoritative ACLU guide to LGBT rightsIn its fourth edition, this fully revised and updated survey covers the rights of lesbians, gay men, bisexuals, and

Embodying gender: transgender body/subject formations in Taiwan 1

Abstract ‘A soul trapped in the wrong body’ is a common description employed by trans subjects to explain their unusual condition. While useful in illustrating the often contradictory feelings,

Rape and Sexual Misconduct in the Prison System: Analyzing America's Most "Open" Secret

"Jane," a female inmate in her early twenties, has a story not dissimilar to that of countless inmates within the American prison system. Serving time for petty larceny and prostitution at the