JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2015
Another danger identified by participants is that the separation
of LGBT inmates from the rest of the prison population could, in
extreme cases, result in the creation of detention institutions
exclusively reserved for LGBT persons. Despite the intention to
prevent abuse and discrimination against LGBT detainees this could
have the reverse effect, for example, by reinforcing stigmatisation
and depriving them of certain rights, such as access to detention
activities.
“If we consider prisons as a mirror of society, placing LGBT
prisoners in isolation, or even in the Pink Prison, doesn’t tackle
the core problem of the general discrimination against LGBT
persons in society… In an effort not to further victimise LGBT
persons, programmes to change the general behaviour and
prejudices against LGBT persons inside and outside of prisons
have to be established.”
Eva Tanz, Civil Society in the Penal System (CISST), Turkey
Participants agreed that in cases where separation seems to be the
only solution to protect LGBT detainees, its implementation must
be carefully considered by the detaining authorities and should not
be systematic. Moreover, the will of the person concerned must
always be taken into consideration. In addition, several participants
emphasised the fact that the separation of LGBT detainees does
not substantively address societal discrimination based on sexual
orientation and gender identity.
The influence of institutional culture
The institutional culture of detention facilities in general can also
be a significant factor in abuse and discrimination against LGBT
persons deprived of their liberty. When the authorities and prison
staff are prejudiced with regard to sexual orientation and gender
identity, it is likely that this will greatly influence their treatment of
LGBT detainees.
Given the power inherent in the function of people working in
detention institutions - particularly in prisons - they can be a direct
party to discrimination against LGBT detainees. Discrimination by
detention facility staff can be deliberate, for example by allocating
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