JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2015
the SPT3 or the Inter-American Commission on Human Rights4 play
in this regard.
Some countries face numerous obstacles to ensuring the fundamental
rights of people held in detention in general, including overcrowding,
violence and difficulties of access to health care. In such contexts,
NPMs find it even more difficult to propose the establishment of
preventive measures regarding LGBT detainees. Indeed, under these
conditions respect for fundamental rights is regarded as a priority
and LGBT issues are often relegated to the background. The political
and social contexts in which NPMs are involved therefore have a
significant influence on the implementation of preventive measures
concerning LGBT persons deprived of their liberty. Participants
therefore emphasised the importance of ensuring that any action
by NPMs should, in all cases, take into consideration the context in
which it is undertaken.
General principles
Even though the contexts in which NPMs operate can vary, two
general principles should guide all action they take in relation to
LGBT detainees. In line with the principle "nothing about us without
us", the main persons concerned should be included in all reflection
and projects regarding LGBT issues. It is important for NPMs to be
aware of the limits of their knowledge of such a complex issue and
to engage with experts and especially with LGBT persons to jointly
elaborate and implement their preventive strategies.
In accordance with the second principle, "do no harm", no action
should be taken as part of the preventive mandate of NPMs that
is prejudicial to detainees. While this principle applies generally to
all NPM actions, it is particularly valid in relation to measures that
affect people in situations of vulnerability. Although it is difficult
to identify good practices and valid solutions in all contexts, this
principle can be applied everywhere and at all times, and thus help
NPMs to analyse the impact of their preventive measures.
3
4
10
Notably its 8th annual report which contains a section on the situation of LGBT
persons in detention: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/
Download.aspx?symbolno=CAT%2fC%2f54%2f2&Lang=en
For example, its press release in May 2015 on the violence and discrimination faced
by LGBT persons deprived of liberty: http://www.oas.org/en/iachr/media_center/
PReleases/2015/053.asp
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