Addressing situations of
vulnerability of LGBT persons
deprived of liberty:
What role for NPMs?
In line with their preventive mandate, NPMs can play a vital role in
strengthening the protection of LGBT persons deprived of their
liberty through their detention visits and reports as well as through
their broader role which extends beyond problems identified in
places of detention. The mission of NPMs is to identify the root
causes of torture and other ill-treatment, as well as the gaps in
legislative frameworks and current practices. NPMs can make
recommendations to the authorities and establish dialogue and
cooperation with them to facilitate their implementation. They
can also submit comments on existing legislation and policies to
strengthen the protection of LGBT persons deprived of their liberty
against torture and other ill-treatment.
In order to fight against discrimination in detention facilities it is
essential that NPMs develop an internal culture of non-discrimination
and openness. To this end, NPMs should implement zero tolerance
policies towards all forms of discrimination, including on grounds
of sexual orientation and gender identity, and ensure that the
composition of monitoring teams is as diverse as possible.
Visits to places of detention
Visit preparations
All participants agreed that there is a glaring lack of information
and data on LGBT persons deprived of their liberty. A discussion
followed on how best to prepare detention visits in the absence of
comprehensive information and data on LGBT detainees.
While the use of a questionnaire was identified as a good practice,
participants noted that it would be difficult to implement in all
contexts and that, in the case of the UK, it was only one element
of a complex methodology developed over the years by the UK
prevention mechanism. Moreover, in many countries, posing
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents