22
Towards the Effective Protection of LGBTI Persons Deprived of Liberty
their liberty are more likely to have been sexually victimised, reported
mental health problems, experienced solitary confinement, and been
subjected to sanctions. While deprived of liberty — and in prisons in
particular — LGBTI persons report the highest rate of sexual victimisation, including rape, as compared to other groups such as younger
detainees, victims of previous sexual abuse, persons with disabilities,
or first-time offenders. Data on intersex persons in detention settings
are generally — if at all available — scarce, which explains why this
guide features less information about intersex as compared to lesbians, gays, or trans persons. Information regarding violence targeting
bisexual persons also tends to be less documented.8
Monitoring bodies, thanks to their access to first-hand information,
their independence, and the trust they often obtain from detainees,
can play a crucial role in shedding light on the situation of LGBTI
persons deprived of liberty and in finding ways to improve it.
1. “LGBTI”: a heterogeneous group, but a common pattern of abuse
LGBTI persons do not form a homogenous group. “LGBTI” is an
acronym commonly used for “Lesbian, Gay, Bisexual, Transgender
and Intersex” persons. Sometimes the acronym is modified to account for nuances and diversities, such as “Q” for “queer” or “questioning”. It may therefore seem arbitrary or inappropriate to refer to
“LGBTI” persons as a group, and some LGBTI persons do not identify
with the acronym, rejecting its labels and associated narratives. For
instance, some men who have sex with men or women who have sex
with women do not identify as “gay” or “lesbian”. In the public health discourse in particular, other terminologies are sometimes preferred, such as “MSM” (men having sex with men) or “WSW” (women
having sex with women). There is no consensus regarding what it
means to “be” L, G, B, T, or I, and no person’s identity can be reduced
to one single characteristic. Moreover, these terms and concepts are
evolving rapidly, and it must be acknowledged that often no definitive consensus is reached on certain concepts. It is therefore im-
Report of the Independent Expert on protection against violence and discrimination based on
sexual orientation and gender identity, A/HRC/38/43, 11 May 2018, para. 46, p. 11
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents