Chapter I
L
GBTI persons6 have historically been subjected to discrimination
and abuse, as well as institutional violence, across all regions of
the world. Discriminatory patterns are magnified in detention
contexts, and when LGBTI persons are deprived of their liberty, they
are particularly exposed to the risk of being ill-treated or even tortured. For these reasons, LGBTI persons are in situations of heightened vulnerability in all detention settings. Although data are scarce7
(and mostly coming from the Global North), it is well-established
that LGBT people tend to be disproportionately incarcerated, including in jurisdictions where same-sex relations and expression of
diverse gender identities are not in fact criminalised. The overrepresentation of LGBT persons in criminal justice systems is multifactorial and can be explained by the prevalence of social norms reflecting rigidly ascribed gender and heteronormative ideals, which in
turn result in family rejection, social stigma, homelessness, hostility
in foster care, reliance on non-traditional means of earning income,
and discriminatory profiling and targeting by law enforcement. LGBT
persons may also be overrepresented and particularly exposed to
abuse in immigration detention facilities, often due to having had to
flee their countries of origin because of persecution stemming from
their sexual orientation or gender identity.
Where data is available, it reveals that LGBTI persons deprived of
6
The acronym “LGBTI” is used throughout the guide, unless the issues described specifically refer
to situations affecting one group in particular. This is the reason why the readers will sometimes
find shorter versions of the acronym, such as “LGB”, “GBT”, “LGBT”, “trans women” or “trans men”
used at times in this guide. The intention in such cases is not to exclude any particular group, but
rather to strive for as much precision and relevance as possible in describing realities and issues.
7
Data on LGBTI persons deprived of liberty are generally scarce or even nonexistent in many
contexts, although the situation is evolving in some parts of the world. As a result, the examples
provided in this guide are sometimes not regionally balanced.
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