If it is considered safe
We are sooooooo tired of having to point out the glaringly obvious problem.
Banning biological males who identify as transgender from being placed in female prisons would violate their human rights, the Scottish Government will argue in court.
Not banning men from being placed in female prisons would violate women’s human rights you obtuse clueless head in the sand lunatics.
The campaign group For Women Scotland (FWS) has launched a legal challenge seeking to overturn existing prison guidance in Scotland, with a hearing due to begin at the Court of Session on February 3.
Current rules allow trans people to be placed in a prison matching their gender identity if it is considered safe to do so. This does not include those with a history of violence against women and girls, or who are judged to present a risk.
If it is considered safe to do so by whom???
Clearly, by people who are not going to be in those prisons, and so don’t need to worry about the men who don’t wear “RAPIST” badges but are in reality not risk-free if housed in a women’s prison.
FWS argues this is unlawful as ministers are statutorily obliged to provide women-only prison accommodation. It previously won a landmark Supreme Court fight against the Scottish Government over the legal definition of a woman under equality law, which judges ruled is based on biological sex.
…
In advance of the latest case, the Government has published its note of argument, which argues the position on prisons put forward by FWS contains “fundamental errors” and the Equality Act 2010 “does not mandate sex segregation”.
So the Government is perfectly happy to force women to take their chances.
Susan Smith, a co-director of FWS, said it was “depressing, but not
unsurprising, that in page after page referencing human rights, the Scottish Government has, apparently, not considered that women are also human and also have rights”She added: “Article 3 [of the ECHR] protects everyone from torture, inhuman treatment, or degrading punishment, yet women in, or recently released from, prison tell us the same stories of violation of boundaries and physical or mental abuse from the men they are locked up with.”
It’s almost as if a lot of men really don’t like or respect women. It’s almost as if all of us have grown up in a culture that sees women as contemptible, weak, sly, rebellious, and rapeable.
MSP Tess White said it “beggars belief that SNP ministers are still arguing that male-bodied criminals can be housed in women’s prisons”.
See above.

Is not one of the features highlighted in paens to democratic forms of government something called “accountability”? where did that go? Why are these people never made to explain their decisions? Why do they seem to believe they are above the need to make their arguments for the decisions they are all too willing to enforce on women? Are they afraid to actually own in public the misogyny they cheerfully practice in committee?
Meanwhile, in the UK:
Woman identifying as a man is ‘raped in all-male psychiatric hospital ward’, court hears