Poland must pay compensation to a prisoner claiming to be a woman

magnapolonia.org 1 year ago

How informs The Ordo Iuris Institute, the European Court of Human Rights, ruled that Poland had violated the law of a prisoner claiming to be a female due to the fact that the plant in which it was placed, He was obstructing access to female hormones. The Court rejected the appeal of the Polish government, which indicated that the attitude towards the prisoner was dictated by the concern for his health, due to the fact that he faced severe intellectual disorders.

Poland must pay compensation to a prisoner claiming to be a woman. A man was sentenced in 2013 to 11 years imprisonment for burglary and robbery. From 2013 to 2020, he was punished in Piotrków Trybunalski prison and from 2020 to 2024 in Siedlce. While in prison in Piotrków, the criminal started identify as a woman, and in 2018, under the influence of severe intellectual disorders, he made autocastration, after which he was placed in the prison infirmary ward.

After attacking a prison guard, he was classified as a dangerous prisoner. In the same 2018, he was examined by a sexologist who stated that he was incapable on the basis of 1 conversation with the patient to find whether he was suffering from sexual dysphoria, justifying hormonal therapy. At the request of the prisoner, a second opinion was drawn up, this time a psychiatrist-sexualist who, having utmost leftist views, without talking to the patient, ordered him hormonal therapy and surgery.

In early 2019, the prison manager at Piotrków Trybunalski agreed to therapy and from that minute on, he regularly utilized female hormones for another 2 years.

In 2020, a man was transferred to a prison facility in Siedlce, where he demanded that he be given constant access to female hormones. This was opposed by a doctor who was head of the prison infirmary ward, pointing out that the continuation of hormonal therapy without an in-depth psychological, psychiatric and endocrinological examination involves a “high risk”, including cancer. The manager of the detention centre in Siedlce so made the approval to proceed the treatment conditional on the essential research.

Meanwhile, the prisoner ran out of female hormones, and the hotel authorities did not deliver fresh ones to the inmate. As a consequence of this on 29 July 2020, a man's lawyer brought a complaint on his behalf to the European Court of Human Rights, demanding a judgement of EUR 50,000 to make amends and demanding orders from prison authorities to guarantee his client access to female hormones for the duration of the proceedings.

On the next day, the utmost left-wing Court in Strasbourg issued a temporary order ordering the immediate reintroduction of hormonal therapy. Prison authorities immediately resumed therapy, and a fewer days later, a consult was held with an endocrinologist who modified the hormones admitted by the prisoner, abandoning in part the earlier recommendations of a psychiatrist-sexualist and ginecologist psychiatrist.

On 11 July this year, the European Court of Human Rights ruled by a majority of 6 to 1 votes that Poland had violated Article 8 of the ECHR and judged in favour of the prisoner EUR 8,000 compensation. In the explanatory memorandum of the judgment, the Court of Justice has derived from the right to respect for private life "the right to the protection of physical and social identity", which besides implies "the freedom to specify sex identity".

The Court rejected translations of the Polish government indicating that the actions of the prison in Siedlce were motivated by concern for the patient's health. In the assessment of the ETPC, there were "strong indications that hormonal therapy was an appropriate form of treatment in the wellness state in which the complainant was present".

Judge Krzysztof Wojtyczek made a separate conviction to the judgment, pointing out that the Court was hastily assuming that hormonal therapy was indeed justified in the case of the complainant. In the judge's assessment, the Court did not take into account differences of opinion between doctors in this case: in 2018, a sexologist stated that it was impossible to make a decision on treatment without more studies and conversations with a patient (who had never been conducted), whereas in 2020 the head of the infirmary branch in Siedle prison pointed out the hazard of therapy.

There was so a contradiction between the opinions of the 2 sceptical doctors of administering female hormones to the prisoner and the opinions of the 2 another doctors who advocated their administration. Prison authorities were so entitled to have doubts as to whether continued hormonal therapy was justified or not. Nevertheless, the Court has ordered the immediate resumption of hormonal therapy without cognition of medicine itself.

– The judgement of the Court is in line with the existing line of case law, which for more than 20 years derives from Article 8 of the European Convention on Human Rights, the right of everyone to "sex change". The explanation adopted by the ECHR is highly debated but established in practice and very seldom challenged. Among another things, by virtue of the ECHR case law, the vast majority of European countries recognise sex as a form of private identity that each individual can choose at subjective discretion said Filip Bator of Ordo Iuris.

OUR COMMENTS: Now all we request is another conviction to transfer the rotation to the female prison ward.

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