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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
3. Monitoring tools and assessment criteria
Employing appropriate “lenses” to adequately account for the situation of LGBTI persons deprived of their liberty may entail adjustments to extant methodologies and a review of existing monitoring
tools. Monitoring bodies using checklists and/or questionnaires
ahead of or during visits might have to reconsider and revise such
materials. While this is particularly relevant for tools designed for
visits with specific objectives related to the situation of LGBTI persons, tools used during general visits should also reflect such considerations. If monitoring bodies use checklists, criteria, or other
tools to assess the treatment and conditions of persons deprived
of liberty, these should include specific questions or indicators related to sexual orientation and gender identity. It is advisable that
monitoring bodies develop such materials with the support of experts from civil society organisations and/or academics working on
LGBTI issues.
Ahead of their visits, some monitoring bodies may use voluntary
and confidential surveys of a sample detainee population, which inform visit preparation and form part of the evidence-base for subsequent monitoring and reporting. While such surveys can help obtain
quantitative data on a broad range of issues, they are not recommended for inquiring into the specific situation of LGBTI persons.
Experience demonstrates that even if questionnaires are distributed individually to respondents and sealed in an envelope, only few
LGBTI detainees are likely to disclose their sexual orientation, gender identity, or sex characteristics, particularly in contexts with deeply-rooted homophobia, transphobia, and discrimination against
intersex persons.
Good practice
Criteria and indicators on LGBTI persons in tools used by monitors
Her Majesty’s Inspectorate of Prisons (HMIP), which is part of the
NPM of the United Kingdom, uses criteria–called “Expectations38”–
Her Majesty’s Inspectorate of Prisons: https://www.justiceinspectorates.gov.uk/hmiprisons/our-expectations/
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