A Scottish judge has ruled men who identify as women will not be allowed in women's prisons in Scotland.Reported by Sky News, the judge, Lady Ross, made the decision after For Women Scotland (FWS), a women's rights group, challenged the Scottish Parliament's policy."We are delighted to have won such a comprehensive victory," FWS declared in a statement."All the arguments from the Scottish Ministers were comprehensively rejected by the court, not least their claim that housing trans-identified male prisoners in the male estate would breach their Convention rights.".This came amid backlash over the Isla Bryson case, whose original name is Adam Graham, a man who was initially sent to Cornton Vale women's prison and was then found guilty of raping two women in 2023 before being moved to a male prison.The BBC reported the Scottish Prison Service (SPS) withdrew its transgender policy, which was established in 2014, on Monday."We are grateful to Lady Ross for her judgment, which we will carefully consider, at pace, along with the Scottish Government," stated a SPS spokesperson said to SkyNews."It would not be appropriate to comment further at this time.".The decision by Lady Ross, which was published on Friday, concluded: "in all the circumstances, the prison's guidance is unlawful."FWS was also responsible for challenging the Scottish government at the Supreme Court in April 2025, when it won a case that made clear the term "woman" in the UK's Equality Act referred to a biological woman only. On FWS' X, a statement from the Scottish government was posted, stating it would not appeal Lady Ross' decision. One lawyer, Gerry Moynihan, representing the Scottish government, stated the issue is not a "trivial manner," citing the European Convention on Human Rights' (ECHR) article eight which refers to the rights of trans people to live in their chosen gender..Though Lady Ross agreed that these people have rights under the article, she stated it did not extend the right to be accommodated in a prison for the opposite biological sex.She also stated there is "no positive obligation, in general terms, based on article two or article three, to accommodate a trans prisoner in a prison for the opposite biological sex."Article two of the ECHR states: "Everyone’s right to life shall be protected by law."And Article three states: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
