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The transition from sex to gender in English prisons: human rights and queer theory

sex-matters.org

When gender identity replaced biological sex as the organising principle in English prisons, a quiet legal revolution unfolded — and queer theory was the unlikely engine driving it.

Queer TheoryHuman Rights FrameworkSocial ConstructionismInstitutional Theory
The transition from sex to gender in English prisons: human rights and queer theory

Theory Briefing

  • Michael Biggs traces how English prisons shifted from housing inmates by biological sex to housing them by self-declared gender identity.
  • Queer theory's deconstruction of fixed sex categories provided the intellectual scaffolding that reformers used to reshape prison policy.
  • The paper argues this shift created measurable human rights tensions, particularly for female prisoners housed alongside transgender women.