author={J. Erni},
  journal={Cultural Studies},
  pages={136 - 159}
  • J. Erni
  • Published 2013
  • Sociology
  • 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… Expand
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. Expand
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. Expand
“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)Expand
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 incarcerationExpand
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 forExpand
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). ThisExpand
Trans Terminology and Definitions in Research on Transphobia: A conceptual review
The understanding of transphobia and discrimination against trans people depends on the definition itself of ‘trans people’. However, trans terminology is not unambiguous. In this paper I identifyExpand
Abstract Transphobia and discrimination against trans people are widespread. In view of growing scientific interest in understanding this type of discrimination and considering that scientificExpand
Contemporary transgender health experience and health situation in prisons: A scoping review of extant published literature (2000–2019)
Background: Many jurisdictions globally have no specific prison policy to guide prison management and prison staff in relation to the special needs of lesbian, gay, bisexual and transgender (LGBT) ...
Advancing a critical trans framework for education
Abstract This article introduces a new theoretical framework comprised of three principles for teaching, learning, and researching gender in a way that celebrates gender diversity and centersExpand


'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 haveExpand
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 whetherExpand
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. Expand
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. prisonerExpand
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 moreExpand
Defining the Human: Are Transgender People Strangers to the Law
Copyright © 2005, The Regents of the University of California. t. Abby Lloyd is a student at the University of California at Boalt Hall. She expects to graduate in May 2005. She would like to thankExpand
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 theExpand
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. Expand
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, andExpand
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,Expand