JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2015
show more sensitivity to the needs of this population and implement
specific preventive measures. This diversity of contexts makes even
the drafting of a set of universally accepted guidelines a complex task.
Participants observed that given the extremely diverse management
practices that exist for LGBT persons deprived of their liberty and
the absence of common standards in this regard, it is not always easy
to label a particular practice as good or bad. Faced with this lack of
benchmarks, it was agreed that the governing principles should be
to advocate for non-discriminatory conduct on the one hand, and to
involve LGBT detainees in decisions that affect them on the other, as
prescribed by the principle "nothing about us without us".
A good illustration of these diverse management practices relates
to the different allocation systems for LGBT persons, particularly
transgender people. Management practices in this regard range
from placement in strict isolation, segregation in special units, or
in mixed units for persons considered to be particularly vulnerable.
While solutions must be found that take into consideration the reality
of each context, isolation was not considered a tenable solution
beyond the short term because, if prolonged, it may constitute a
form of abuse or even torture. Participants furthermore observed
that segregation based solely on sexual orientation and gender
identity could contribute to the stigmatisation of those concerned.
Finally, notwithstanding the aforementioned obstacles, NPMs (and
other monitoring bodies) were encouraged to consider the following
recommendations within the scope of their respective capacities
in order to better contribute to the protection of LGBT persons in
detention:
• Raise the awareness of and train NPM members on the risks and
needs of LGBT persons in detention. It is recommended that
experts be included in any such initiative, particularly, experts
from civil society organisations defending the rights of LGBT
persons, in line with the principle "nothing about us without us".
• Similarly, sensitise detention facility staff on this issue, including
through specific training. If an NPM is unable to provide this type
of training, it can nevertheless formulate a recommendation to
this end and possibly collaborate with civil society organisations
to ensure its implementation. Awareness-raising also involves
ongoing dialogue between NPMs and the authorities.
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