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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
therefore be interpreted broadly in order not to exclude same-sex
parents and partners. Detainees receiving visits from same-sex and/
or trans partners may be discriminated against or even sanctioned
when displaying affection in visiting rooms. Conditions attendant
to visits by detainees’ same-sex and/or trans partners must be the
same as those afforded to other detainees, and the same rules and
regulations ought to govern these.
In cases of children with same-sex parents, the best interests of the
child should always prevail, and they should not be prevented from
seeing either parent because of discriminatory visiting policies and/
or discriminatory attitudes by the officers in charge. Trans detainees
are sometimes denied the right to receive visits, especially if their
visitors are also trans. As a result, trans visitors may not seek to
exercise their right to visit friends and relatives in prison, as they
know that they will suffer discrimination upon entry.
Various prison systems have established “conjugal” or “intimate” visits, whereby detainees can spend anywhere from a couple of hours
to a few days with their partners and/or families in purpose-built
apartments or cottages. The SPT has made clear that intimate visits should not depend on marital status and that the State “should
ensure that all persons deprived of their liberty are able to receive
regular visits, including conjugal visits, regardless of whether the
partnership is formally recognized by the State; such visits should
not be restricted on grounds of sex, nationality, sexual orientation
or for any other discriminatory reason66”. However, LGBTI detainees
often suffer discrimination in accessing such visits, although they
have been reported as one of the most important and commonly
expressed needs. Some State policies simply ban intimate visits for
same-sex partners, whether or not they are in a civil union, on the
alleged grounds that they would affect the internal order and discipline of the establishment, or due to security concerns. In other
contexts, in the absence of clear regulations, the decision to allow
such visits may be left to the discretion of the prison director, often
resulting in arbitrariness.
See Report of the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to Argentina, CAT/OP/ARG/1, 27 November 2013, para. 70.
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