44
Towards the Effective Protection of LGBTI Persons Deprived of Liberty
expertise required. In particular, the proper implementation of NPM
mandate demands that members “have the required capabilities
and professional knowledge” and “strive for a gender balance and
the adequate representation of ethnic and minority groups in the
country” (OPCAT, Art. 18 [2]).
Smaller NPMs may not be able to ensure the presence of both capabilities and professional knowledge, and adequate representation
of all ethnic and minority groups in their teams. In such cases, and
when specific skills and profiles additional to those represented by
the team’s membership are required, it is advisable to reach out to
outside experts, including for participation in visits (although some
monitoring bodies may be prevented by law from bringing external
experts on visit). Irrespectively of their size and capacities, it is essential that NPMs (and other monitoring bodies) strive to promote
and actualize a reality of non-discrimination, including in their mere
composition, which should aim to reflect the diversity of people encountered in places of deprivation of liberty.
The Special Rapporteur on Torture has noted that the “inclusion of
women, lesbian, gay, bisexual and transgender persons and other
minority representation on inspection bodies at all levels would
help facilitate the reporting of gender-based violence and discrimination and identify cases of torture and ill-treatment39”. Nevertheless, it cannot be expected that all monitoring bodies will include
LGBTI team members, and all the more so individuals who are open
about their sexual orientation or gender identity. It is also important
to stress that every monitor—irrespective of his or her gender, sexual orientation, or gender identity—can and should apply a “gendered and intersectional lenses” during visits.
This being said, having an LGBTI focal point within a monitoring body
will prove useful to ensuring the visibility of the topic and to internally mainstreaming issues related to sexual orientation and gender identity in places of deprivation of liberty. An LGBTI focal point
can also ensure that materials used by the monitoring body pro-
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, A/HRC/31/57, 5 January 2016, para. 39.
39
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