A Neo-Nazi who identifies as female under Germany’s trans self-ID law has been sentenced to a women’s prison.
Sven Liebich, who was convicted for offences including incitement to hatred, is due to be sent to Chemnitz Prison in Saxony, but his location is now unknown after going on the run before beginning his sentence. He has previously stated that he ‘changed sex’ to avoid “discrimination” by male prisoners.
Federal Minister of the Interior Alexander Dobrindt called the case “an example of the very simple misuse of the Self-Determination Act”.
‘Abuse’
Germany’s Self-Determination Act came into force last year. It allows adults to self-declare their name and gender and has dropped the requirement for two medical experts’ opinions and a court order to ‘sex-swap’. Children aged 14 can ‘change sex’ with parental permission, and parents can submit applications on behalf of younger children.
Although the prison was to assess whether it is safe to house Liebich among the female prisoners, Mr Dobrindt said: “There is now a need for a debate on how clear rules against the abuse of gender transition can be re-anchored in law.”
The country’s coalition Government has pledged to examine the law before next August. Federal Minister Karin Prien, whose department oversees the transgender law, admitted that it “contains weaknesses in its current form that can favour targeted abuse”.
Northern Ireland
Earlier this year, the Northern Ireland Assembly rejected calls to ensure that men who claim to be female are not housed in women’s jails.
The Private Members’ motion ‘Protection of Rights and Safety in Custodial Facilities’, which urged Justice Minister Naomi Long to bring forward legislation requiring that prisoners are housed according to biological sex, failed by 33 votes to 48 against.
Currently, such decisions are made on a case-by-case basis. Last year, a man known as Michelle James was transferred to the women’s section of Hydebank Wood following a legal challenge.
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