Transgender Women In Tunisian prisons: continuous suffering and significant challenges
In Tunisian prisons, Transgender women endure a harsh reality, highlighting the severe discrimination they’re experiencing.
Their suffering begins at detention, as Tunisia’s legal system refuses to recognize their gender identity, forcing them to be processed under their former names and gender identification in all official procedures, such as detention records, arrest processes, and court hearings.
This legal neglect deeply affects Transgender women, denying their identity and leaving them constantly feeling excluded and rejected.They face humiliation in a system that disregards their existence, including, forced shaving, imposed without their consent upon entering prison, which causes profound psychological harm, undermining their dignity and respect. This practice is a serious violation in Tunisian prisons and detention centers, targeting not just their appearance but the essence of their gender identity and self expression.
For Transgender women, hair represents an essential part of their gender expression, representing their true identity and self perception. This act disrupts this personal connection, causing feelings of humiliation and violation. It’s not just a change in appearance but an enforced denial of their identity, intensifying their sense of exclusion and isolation.
From a psychological standpoint, forced shaving leaves lasting distressful impacts, Transgender women feel a constant loss of control over their bodies, worsening any existing anxiety or depression. This act continuously reminds them of the societal stigma they face, deepening the emotional scars from the rejection of their identity, and hindering their ability to regain self esteem and reintegrate into society after detention.
The refusal of the legal, social, and procedural system to recognize a fluid gender identity, through practices like forced shaving, is not just a personal violation but a part of an oppressive system that requires radical reform to protect the dignity and gender identity of all individuals. Additionally, despite the physical changes transgender women may undergo, they are frequently incarcerated in male prisons, while authorities claim this is for their protection, it actually exposes them to greater risks. In fact, such practices expose transgender women to harassment and violence, intensifying their sense of isolation and threat, as there are no protections or recognition of their identity. Additionally, body searches are deeply humiliating, violating their physical integrity. Many transgender women have reported discriminatory treatment and mockery from officers, within a legal and societal system that still sees them as “different and unnatural,” ignoring their gender identity.
These violations stem from the state’s refusal to recognize Transgender women’s gender identity, forcing them to retain their past legal identity. This exposes them to prosecution under Article 230 of the Penal Code, which criminalizes their private lives and denies them basic Rights to physical and psychological safety. Their gender identity and self expression become a constant threat, leading to persecution by both society and the legal system.
The challenges Transgender women face in prisons highlight the urgent need for a legal reform in Tunisia, starting with the recognition of their gender identity and the repeal of Article 230 of the Penal Code.
They must be protected and shielded from degrading practices that violate their humanity. Ensuring their rights is not only a legal responsibility but also a duty for Tunisia under international human rights treaties, which mandate protection without discrimination.
One of the most prominent of these treaties is the Universal Declaration of Human Rights, which forms the foundation of international human rights law. Its first article states that “All human beings are born free and equal in dignity and rights,” and its second article affirms that everyone is entitled to the rights and freedoms set forth in the Declaration, without any discrimination, including discrimination based on gender identity.
In addition, the International Covenant on Civil and Political Rights obligates state parties to ensure all rights outlined in the Covenant are granted to every individual without discrimination (Article 2). Article 7 further protects individuals from cruel, inhuman, or degrading treatment. Similarly, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) requires states to take measures to eliminate any form of discrimination, including against individuals persecuted based on their gender identity.
Ultimately, “the Yogyakarta Principles” represent an important structure that highlights international commitments in relation to the Human Rights of people from the LGBTIQ+ community. In which, they advocate for the legal recognition of their gender identity and the safeguarding of their rights against all forms of discrimination. This breach of international obligations harms Tunisia’s reputation and underscores the urgent need for legal reforms to ensure full Human Rights for all citizens. It also portrays Tunisia as an unsafe place to live, hindering discussions on social peace and quality of life.