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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
regimes. Such discrimination jeopardizes the detainees’ chances of
reinsertion and leads to deprivation of meaningful human contacts
and greater isolation.
Another issue of concern revolves around the admission process to
LGBTI wings, and specifically to the question of who is placed in such
units, and on the basis of which criteria. In some countries, special
wings house trans women detainees only, while in others they house
gay and bisexual men and trans persons together. In other cases,
self-declared bisexual detainees are specifically excluded from such
wings. Initial screenings are often conducted in such a way that they
amount to discriminatory “admissions tests” that rely on appearances and stereotypes. There is also evidence that minorities, including ethnic minorities, may be excluded from special wings because
of discriminatory biases during admission. Such screenings can be
humiliating and detainees may therefore prefer not to disclose their
sexual orientation or gender identity, while staff may label a detainee who has not self-identified as such as LGBTI. If special wings
exist, initial admission screenings should be done by multidisciplinary teams, based on objective and professional criteria, and with a
view to avoiding further discrimination and stigmatisation. It is also
important for monitoring bodies to assess whether interviews upon
admission are conducted in private, with clear explanations – in a
language understood by the detainees – about the implications of
disclosing such information.
In homophobic and transphobic contexts, LGBTI detainees – particularly gays and trans persons – can be segregated in the worst
quarters of the prison (sometimes in warehouses, with little or no
natural light at all) on the basis of their perceived sexual orientation
and gender identity. They may be treated as outcasts, according to
informal rules that forbid other inmates from speaking or coming
into physical contact (i.e. taking items from their hands or shaking
hands) with them, or even greeting or sharing the same space with
them. Often housed together with sex offenders, LGBTI detainees
may even be forced to bear a distinctive sign or wear a special uniform. Sometimes authorities may deny the existence of separate
accommodation for “vulnerable” detainees, but monitoring bodies
should be aware that they can nevertheless exist, even unofficially.
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