Question
Ms. Anderson is a transgender woman incarcerated at a male prison in Gauteng. Ms. Anderson has not changed her gender marker or undergone surgery and
Ms. Anderson is a transgender woman incarcerated at a male prison in Gauteng. Ms. Anderson has not changed her gender marker or undergone surgery and has therefore been incarcerated as a man. Ms Anderson expresses her identity through her hairstyles, dress code and make up. Ms. Anderson informs you that prison officials have forced her to conform to a male identity by forcing her to cut her long hair and confiscating her make up. She has also been placed in solitary confinement for expressing her gender identity. The prison officials claim that they force her to conform to a male identity for her own safety and she therefore has no choice but to conform to a male identity whilst she is incarcerated.
1. Identify and name the rights that are possibly infringed by the prison officials. (2)
2. Using the criteria in Harksen v Lane, advise Ms. Anderson as to whether her rights have indeed been violated
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