Intro paragraph:
The South African High Court, sitting as an Equality Court, ruled in favor of transgender inmate Nthabiseng Mokoena against the Department of Correctional Services (DCS). The court found that the DCS engaged in unfair discrimination and harassment by refusing to allow Ms. Mokoena to express her gender identity (e.g., wear feminizing attire and use “she/her” pronouns) and by failing to provide appropriate accommodation. Crucially, the court held that an inmate’s constitutional right to “adequate medical treatment” includes the provision of gender-affirming hormonal therapy at State expense, rejecting the DCS’s argument that this specialized treatment fell outside its obligation. The DCS was ordered to immediately implement accommodations, enforce its own SOPs relating to transgender inmates, and provide the prescribed medical care.
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