THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT authorities were not able to determine where to place them. This situation is further complicated when there are either only male or female prisons (not both) at a particular location. The Commission also wishes to highlight that where transgender prisoners are accommodated according to their birth gender, especially when male to female transgender prisoners are placed with men due to their legal gender being male, this may lead to sexual abuse and rape. 4.72 Prisoners with gender dysphoria are excluded from participating in activities and/or rehabilitation programmes due to concerns about their security and there is no training provided for prison staff on how to work with transgender prisoners. There are also no policies in place to provide such guidance. 4.73 The Commission appreciates that an appropriate balance between the needs of transgender prisoners and the responsibility to safeguard the wellbeing of other prisoners must be struck. This is not an easy task. To achieve this, the Commission recommends that a Standard Operating Procedure or Regulations be put in place to ensure that all transgender prisoners are treated fairly and in accordance with the law, and calls on the prison authorities to produce a policy framework outlining how transgender prisoners will be managed safely and with respect within the prison environment, after gathering input from psychologists, healthcare professionals and prison staff. 4.74 The Commission further recommends that the Prisons Department consider the training of selected staff to ensure the security and protection of transgender prisoners, as well as to address their special needs in prisons. Such training should incorporate awareness-raising regarding international human rights standards and principles of equality and non-discrimination in relation to sexual orientation and gender identity.140 Prisoners with HIV and Infectious Diseases 4.75 The Ministry of Health and Prisons Department should provide for the voluntary medically appropriate testing of all prisoners for widespread chronic and serious communicable diseases, and for appropriate treatment141. Handbook on Prisoners with special needs (CRIMINAL JUSTICE HANDBOOK SERIES) accessed via https://www. unodc.org/pdf/criminal_justice/Handbook_on_Prisoners_with_Special_Needs.pdf on 23/2/16 141 Standard 23-6.12 of the ABA CRIMINAL JUSTICE STANDARDS ON THE TREATMENT OF PRISONERS 2010 accessed via http://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/treatment_of_ prisoners_commentary_website.authcheckdam.pdf on 1/3/16 140 81