16
Introduction to the Guide
scarcity of specific protection standards. The chapter also discusses
the criminalisation and pathologisation of LGBTI identities, which
exacerbate the risks of all forms of ill-treatment. Intersectional forms of discrimination are also highlighted in this chapter.
Chapter II discusses key considerations regarding the monitoring
methodology. It includes sections concerning monitoring bodies’
strategic planning and visit programming, data gathering, and the
development and revision of tools, as well as practical advice regarding team composition, interviews with detainees, triangulation of
information, and reporting.
Chapters III, IV, and V are each dedicated to specific types of places of deprivation of liberty. Chapter III, which deals with prisons,
includes sections on violence prevention, allocation and regimes,
body searches, the right to visits, discriminatory sanctions, access to
healthcare, and training of prison personnel. Chapter III addresses a
number of topics that are also relevant for the subsequent chapters.
Chapter IV focuses on police custody and addresses discriminatory
profiling and violence during arrest, detention by the police, police
interviewing, the role of law enforcement during public demonstrations, and reporting crimes (including hate crimes) to the police.
Chapter V pertains to immigration detention and examines access to
asylum and non-refoulement, vulnerability screenings upon arrival,
and deprivation of liberty on grounds related to migration. It must
be stressed that violations of the rights of LGBTI persons also occur
in other detention settings, and that the methodology detailed in
this guide can be applied to the broader range of places of deprivation of liberty, on which data and documentation may typically be
more difficult to obtain.
Each chapter includes quotations from the Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, known as the “Yogyakarta Principles”
and adopted in 2006, and from the additional principles adopted in
2017 to complement these (“Yogyakarta Principles plus 10). References are made to both sets of principles throughout the guide.
Good practices will appear in boxes (
) throughout the text. Some
of the good practices identified refer to policies and regulations.
While the mere adoption of such policies and regulations indicates