This week, the Supreme Court ruled that a transgender inmate at the Alto Hospicio prison (Iquique) may only be examined by female nursing staff. The ruling also mandates that prison officials receive training on gender identity and expression. María del Pilar López, detained at the Alto Hospicio prison in Iquique (northern Chile), reported that on November 17, prison guards forced her to undress in front of several inmates. While undergoing hormone therapy, she was subjected to mockery and mistreatment. She also told the court that her underwear was destroyed during a search of her cell. For this reason, she filed a writ of protection. The Iquique Court of Appeals granted this writ last December, ordering that María del Pilar's gender identity be respected at all times and in all places. She is now incarcerated in La Serena.

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But the Gendarmerie appealed the ruling, arguing that the officers in charge of security measures for María del Pilar López had to be men and that it was illegal for nursing staff to carry them out. In response, the Third Chamber of the Supreme Court issued a ruling on March 13, upholding the Court of Appeals' decision. In that ruling, to which Presents Having access, judges Sergio Muñoz G., María Eugenia Sandoval G. and Carlos Cerda F. establish that the officials of the Alto Hospicio prison: must respect the social name of María del Pilar López; must refer to her according to her gender identity, that only female nursing staff (and not male Gendarmerie personnel) can review her; and that training in gender identity, sexual orientation and gender expression must be given to the officials. “In body records, gender distinctions must be considered in relation to the protection of privacy, body records, and audiovisual records.”, the ruling says.

“A historic failure”

“Thankfully, and thanks to the work of public defender Javier Araya, the Supreme Court ruled that the Gendarmerie must treat transgender people according to their gender identity and expression, and that security measures must be carried out by female personnel. It also established that the Alto Hospicio Penitentiary Center must train its staff on matters related to gender identity, sexual orientation, and gender expression,” the Chilean Homosexual Liberation Movement (Movilh) said in a statement. “This is a landmark ruling, as it comes from the highest court, and sets a precedent for the rights of all inmates, including transgender inmates, since their gender identity must be fully respected in every prison in the country. We value the victim’s courage in seeking justice, as well as the professionalism and commitment of attorney Araya,” Movilh continued.

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The organization pointed out that “this is undoubtedly the prelude to a new era where trans women can be incarcerated in women's prisons and trans men in men's prisons. There's still a way to go, but this ruling provides a strong argument to begin this fight for full equality in prisons.”

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