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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
always be clear about what they can or cannot offer in order to avoid
raising false expectations, in particular with persons who have suffered trauma and who may be at risk of re-victimisation.
In all interviews with detainees, monitors should use appropriate language and send a clear message of non-discrimination, including with
regards to sexual orientation and gender identity. This will help detainees feel safe in disclosing their sexual orientation or gender identity if
they so wish. Ensuring the confidentiality of the setting and devoting sufficient time to the interview are essential to establishing a relationship
of trust and to creating a safe space that will enable the detainee to
open up about situations of discrimination or abuse. Monitors should
favour open-ended questions and avoid asking direct questions about
sexual orientation and gender identity. When addressing LGBTI issues,
it is essential that they are cautious with the use of labels, in particular
with detainees of different nationalities or ethnicities, who may not be
familiar or at ease with some terminologies. Monitors conducting interviews with detainees should also exert caution in using pronouns and,
when appropriate, ask the detainee what their pronouns are.
Terminology matters!
In order to ensure a common understanding of and approach to the
use of terminology by the entire visiting team, monitoring bodies should
develop a short internal document on the use of LGBTI-sensitive vocabulary during interviews,40 providing examples of language that ought
to be avoided and suggestions for preferred alternative wording. Such
internal guidance should be developed jointly with experts working on
LGBTI issues, ideally with a cross-section of racial, linguistic, and economic minorities, and should be tailored to the context in which the
monitoring body operates.
If monitors are accompanied by interpreters, in particular when visiting
immigration detention facilities, it is imperative to ensure that the lat40
See for example UNHCR Resettlement Service Division of International Protection, Resettlement
Assessment Tool: Lesbian, Gay, Bisexual, Transgender and Intersex Refugees (April 2013), which includes examples of language to avoid and preferred language. The list can be adapted to ensure its
relevance to each local context.
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