In support of this principle, the UN SPT has advised ‘decisions on the housing of transgender persons should be done on a case-by-case basis, considering seriously their views as to their safety and, to the extent possible, with their informed consent. The specificity of the needs of transgender persons makes the involvement of transgender activists and experts particularly desirable’.159 This view was also endorsed by the UN Special Rapporteur on extrajudicial, summary or arbitrary executions.160 Brömdal et al (2024) analysing the experiences of formerly detained transgender women in Australia and the United States of America found that: many of the previously incarcerated trans women identified that being given a choice of where to be housed was as, if not more, important than being offered suitably safe options. Having agency regarding housing location is not only about empowering trans women but directly links with physical and emotional survivability based on an individual’s own understanding of what constitutes a safe environment for them.161 Winter’s (2024) review of corrective services policies noted that ‘NSW and Victoria have policy documents which appear to have had input by advisors knowledgeable about trans issues, showing a depth of understanding about issues such as prosthetics, black-market hormone use, and diverse identities which indicate a commitment to improvement’.162 RECOMMENDATION 12 The Department and Serco should develop policy and procedural guidance relating to the accommodation, welfare, security, and management of transgender persons in immigration detention. This guidance should: a) be informed by human rights principles including but not limited to the Yogyakarta Principles +10 b) be co-designed with input from transgender persons and their representative organisations, and c) effectively protect the individual from others who may wish to cause them harm, and to limit the risk that they may be placed in a location in which they may cause harm to others. RECOMMENDATION 13 The Department should ensure that the application of protective measures for transgender persons in immigration detention do not involve the imposition of more restrictive conditions or reduced opportunities for those individuals. RECOMMENDATION 14 The Department should ensure that alternatives to closed immigration detention are considered where the security of a transgender person cannot be guaranteed. 38 Not just an afterthoughtThe experience of women in immigration detention