Chapter I L GBTI persons6 have historically been subjected to discrimination and abuse, as well as institutional violence, across all regions of the world. Discriminatory patterns are magnified in detention contexts, and when LGBTI persons are deprived of their liberty, they are particularly exposed to the risk of being ill-treated or even tortured. For these reasons, LGBTI persons are in situations of heightened vulnerability in all detention settings. Although data are scarce7 (and mostly coming from the Global North), it is well-established that LGBT people tend to be disproportionately incarcerated, including in jurisdictions where same-sex relations and expression of diverse gender identities are not in fact criminalised. The overrepresentation of LGBT persons in criminal justice systems is multifactorial and can be explained by the prevalence of social norms reflecting rigidly ascribed gender and heteronormative ideals, which in turn result in family rejection, social stigma, homelessness, hostility in foster care, reliance on non-traditional means of earning income, and discriminatory profiling and targeting by law enforcement. LGBT persons may also be overrepresented and particularly exposed to abuse in immigration detention facilities, often due to having had to flee their countries of origin because of persecution stemming from their sexual orientation or gender identity. Where data is available, it reveals that LGBTI persons deprived of 6 The acronym “LGBTI” is used throughout the guide, unless the issues described specifically refer to situations affecting one group in particular. This is the reason why the readers will sometimes find shorter versions of the acronym, such as “LGB”, “GBT”, “LGBT”, “trans women” or “trans men” used at times in this guide. The intention in such cases is not to exclude any particular group, but rather to strive for as much precision and relevance as possible in describing realities and issues. 7 Data on LGBTI persons deprived of liberty are generally scarce or even nonexistent in many contexts, although the situation is evolving in some parts of the world. As a result, the examples provided in this guide are sometimes not regionally balanced.

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