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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
der their existing policies, practices, and tools, as well as to devise
new ones.
It is important to stress that all monitoring bodies with some experience in visiting places of detention have come across situations
involving discrimination on the basis of sexual orientation or gender
identity, although they may not have been adequately equipped to
detect, understand, and address these situations. Equally important
is the fact that monitoring the situation of LGBTI persons deprived
of liberty entails risks of harm towards a population that is already
particularly exposed to abuse and experiences a greater incidence
of human rights violations. The “do no harm” principle should therefore be a primary consideration informing the work of monitoring
bodies on this issue. The need to ensure that the risk of reprisals is
mitigated ought to be a foremost concern in this respect.
This chapter does not aim to detail a comprehensive monitoring
methodology33, but rather to highlight the specific and practical considerations that monitoring bodies must bear in mind when examining the treatment of LGBTI persons deprived of liberty.
1. Planning and programme of visits
Monitoring bodies usually develop short and long-term strategies
and adopt programmes of visits for specific timeframes. The programme of visits is a pivotal planning tool, in particular for institutions with a broad monitoring mandate. Whether trimestral,
bi-annual, or annual, it establishes an operational basis common
to all monitors and reflects the monitoring body’s main priorities
for the period under consideration. According to the SPT, NPMs
(the following also being of relevance for other monitoring bodies),
“should ensure that [they] have criteria for selecting the places to be
visited and for deciding on thematic visits that ensure that all places of detention are visited regularly, taking into account the type
and size of institutions, their security level and the nature of known
For detailed information on the monitoring methodology, see inter alia APT, Monitoring places
of detention: a practical guide, 2004, APT, Monitoring police custody: A practical guide, 2013, APT/
UNHCR/IDC, Monitoring immigration detention: Practical manual, 2014.
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