Trapped in binary gender logic

Imprisonment is associated with profound restrictions that can impact the behaviour and identity of incarcerated individuals. These deprivations are evident for all inmates, regardless of their gender identity or adherence to binary gender norms. While there is limited research in Germany on the prevalence, experiences and needs of transgender and/gender-nonconforming individuals in custody, international studies indicate an increased experience of discrimination and victimisation among transgender people in detention. Many research findings illustrate that gender stereotypes and heteronormative structures lead to structural disadvantages for transgender individuals in custody, which is particularly evident in placement decisions, feelings of security and access to medical care. At the same time, correctional institutions face new challenges to ensure both the right to gender identity and the protection of all inmates. Current developments towards the Self-Identity Law (Selbstbestimmungsgesetz) also initiate debates in Germany surrounding risk and safe spaces, where transgender individuals are perceived as posing a security risk. A new research project addresses these questions and their implications for the penal system from both an organisational perspective and the viewpoint of incarcerated individuals. This involves examining the tensions from the perspectives of authorities, prison management, staff and prisoners, and discussing recommendations and solutions. This paper will outline the conceptual framework of this research project against the backdrop of current legal developments in Germany and also with reference to the international research landscape.