Summary
During the two-day symposium, participants exchanged information
on the situation of LGBT persons deprived of their liberty, a
particularly ‘invisible’ minority group subjected to discrimination in
detention. Due to the strong taboo around sexual orientation and
gender identity issues, LGBT persons face many situations of risk
from the moment they are deprived of their liberty until their release.
Although discussions have mainly focused on the risks faced by
LGBT persons during their arrest or detention by the police and in
prison, it was stressed that all types of deprivation of liberty expose
this particularly vulnerable population to abuse of all kinds.
In the prison context in particular, LGBT persons are typically
consigned to the bottom of the informal hierarchy and often find
themselves at the mercy of other detainees. They are victims of acts
of violence and often do not enjoy the same detention conditions
as other detainees, while prison authorities tend to ignore (or even
encourage) discrimination against them. The situation of transgender
persons was the subject of specific discussions as this population
faces particular problems and needs, notably with regard to their
allocation within detention centers and their access to health care.
The separation of LGBT persons from the rest of the incarcerated
population is sometimes considered by the detaining authorities
as the only effective way of protecting them from violence and
abuse. However, this type of measure is controversial and regarded
as stigmatising, even discriminatory, and one that should only be
applied as a last resort and with the consent of the person concerned.
The use of prolonged solitary confinement - even as a means of
protection - was denounced as a possible form of torture and could
therefore run counter to the "do no harm" principle under which
NPMs are committed never to take any action that is prejudicial to
detainees.
In order to carry out their preventive mandate effectively, it is
important that NPMs prepare their visits to places of detention. While
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