P
risons tend to be generally characterized by strong heteronormative values, a strict hierarchy of power relations, and a culture of correction. In such environments, LGBTI detainees are at
risk of a broad range of discrimination and abuse. In homophobic
and transphobic societies stigma, discrimination, and violence are
further magnified in closed settings. As noted by the Special Rapporteur on Torture, “within detention facilities, there is usually a
strict hierarchy, and those at the bottom of this hierarchy, such as
children, the elderly, persons with disabilities and diseases, gay,
lesbian, bisexual and trans-gender persons, suffer double or triple
discrimination45”.
Where data is available, LGBTI detainees are reported to be among
the groups most exposed to violence, in particular sexual violence,
before other vulnerability factors such as young age, first time in detention, and sex-related offense. Prevailing taboos and discomfort
regarding LGBTI issues in prisons contribute to the invisibility of the
LGBTI detainees, aggravating the risks they face and the reality that
their needs are often neither identified nor met.
1. Prevention of violence from staff and fellow inmates
Yogyakarta Principles on the Application of International Human Rights
Law in Relation to Sexual Orientation and Gender Identity and Additional
45
Report of the Special Rapporteur on Torture to the UN Human Rights Council, Study on the phenomena of torture, cruel, inhuman or degrading treatment or punishment in the world, including an
assessment of conditions of detention, 5 February 2010, A/HRC/13/39/Add.5, para.231.
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