JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2015 A group in a “situation of vulnerability” Once in custody, all persons held become dependent on the detaining authorities and staff and find themselves in a situation of vulnerability linked to the power imbalance inherent in places of deprivation of liberty. While this applies to all detainees, some groups and individuals are more vulnerable than others if they present certain characteristics, have minority status, or suffer from social stigma. However, simply being LGBT does not automatically mean one is vulnerable, which is why it is preferable to speak of LGBT persons as a group "in a situation of vulnerability" rather than a "vulnerable" group. As members of a minority group that is often stigmatised within society, LGBT persons are treated in this manner to an even greater extent in places of detention where they suffer marginalisation and discrimination. In the words of one participant, they "are confined within confinement" - imprisonment compounded by the discrimination they face stemming from the rejection of their variant sexual orientation and gender identification. This makes them particularly vulnerable to abuse, both from fellow prisoners and prison staff. Furthermore, in prison institutions they often find themselves at the bottom of the informal hierarchy, considered by other detainees as a class "apart" not to be associated with in any way. The stigma attached to LGBT persons is sometimes found embedded within the institutional culture of places of deprivation of liberty – especially prisons – leading staff to turn a blind eye to the discrimination against them. LGBT persons are an ‘invisible’ minority, forgotten and victimised. This is why it is important for NPMs to consider the difficulties faced by this population in order to reduce the risk of ill-treatment or even torture. A heterogeneous group The debates and discussions emphasised the fact that LGBT persons are not a homogeneous group and that the acronym LGBT often encompasses very different realities, including in detention. It emerged that transgender persons in particular do not experience the same difficulties in detention as lesbian, gay or bisexual persons. However, the main risks are broadly similar for all LGBT persons as they are generated by discrimination based on sexual orientation and gender identity. 8