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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
ters. Abuses and punishments faced by such detainees include verbal,
physical, and sexual violence, as well as additional isolation and being
forced to be in charge of prison maintenance or other unrewarding and
humiliating tasks. They can be forced to eat from different dishes to
avoid any forms of physical contact with other inmates. LGBTI detainees
can also be prohibited from accessing the courtyard, sport activities, and
religious services, or be forced to remain in their quarters, other than for
maintenance and cleaning purposes. Sexual violence is typically used as
a means to assert power and authority over the most vulnerable detainees, and to establish status in the prison hierarchy.
In prisons with male and female wings, lesbians can face a risk of abuse
if they refuse to submit to the control of and measures imposed by male
detainees who have leadership functions within the prisons.
Monitoring checklist
Are there national policies and/or specific regulations in place
to prevent violence and discrimination based on sexual orienta
tion, gender identity and sex characteristics?
Is there any indication that LGBTI detainees are victims of
targeted forms of violence? (from staff or from fellow inmates?) Do incident registers reveal any patterns of violence
or discrimination?
Is there any indication that LGBTI detainees are forced to carry
out humiliating and degrading tasks within the prison?
Do prison staff adequately react to manifestations of homophobic and transphobic violence from fellow inmates?
Are staff, and in particular healthcare staff, sensitized to identifying violence based on sexual orientation and gender identity?
How are allegations of violence based on sexual orientation
and gender identity handled by the authorities? Is the sexual orientation and gender identity dimension of incidents
accounted for?
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