A Monitoring Guide
45
Monitoring bodies should also be aware that in contexts with
deeply rooted homophobia and transphobia, openly LGBTI monitors
may be at risk of harassment and abuse during visits. If monitoring
teams include LGBTI monitors (and particularly if they are open
about their sexual orientation or gender identity), primary consideration should be given to their safety and to ensuring that they are
treated on equal basis with their peers, notably in terms of accessing facilities and avoiding discriminatory subjection to searches.
When monitoring bodies are supported by boards or advisory
councils, it is advisable that LGBTI expertise is adequately represented in the membership of these bodies.
Good practice (I)
Working team dedicated to LGBTI-related issues
within monitoring bodies
In Argentina, the Federal Ombudsman for Prisons (PPN – Procuración
Penitenciaria de la Nación), which forms part of the NPM, established a
working team on gender and sexual diversity. The creation of the working
team enabled the PPN to bring visibility to the issue and to ensure that
LGBTI detainees recognise it as a guardian of their fundamental rights.
The establishment of the working group was premised on the conviction
that it is the duty of a monitoring body to devote special attention to
those who are likely to be most adversely impacted by imprisonment.
The working team conducts weekly visits to prisons with special units
for women and GBT detainees. It examines in particular issues relating
to the implementation of legal provisions in detention settings, including the right to legal recognition of self-identified gender for trans detainees. The team also places special emphasis on the right of access
to healthcare.
The working team is responsible for ensuring that LGBTI issues are
Chapter II
perly account for the needs of LGBTI detainees, and liaise with civil
society organisations, including with the purpose of strengthening
the capacities of the team in this respect. The focal point should not
be dependent on the presence of an LGBTI member in the team, but
rather ought to be institutionalized in order to ensure sustainability.
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