ADDRESSING VULNERABILITIES OF LGBT PERSONS IN DETENTION
Discussions also focused on the intersectional character of the
vulnerability of LGBT detainees. In other words, it is common for
LGBT persons to have different forms of accumulated vulnerability
linked to their age, background or social status. This is especially
the case for migrants whose immigration status makes them
particularly vulnerable in a detention setting. Indeed, LGBT migrants
are subject to even greater discrimination and are at increased risk
of abuse and ill-treatment. They suffer from isolation due to their
"foreigner" status and, in addition, some have previously been
persecuted or deprived of their liberty in their country of origin due
to their sexual orientation or gender identity. These persons are
particularly at risk in migrant holding centres, especially from abuse
by their compatriots. The issue of LGBT minors was also discussed
during the symposium. This group constitutes a highly vulnerable
“minority within a minority”, requiring appropriate protection. This
further demonstrates the complexity of the LGBT issue and the
importance for monitoring bodies to be attentive to different types
of vulnerability and their intersectionality.
Influence of the context
Throughout the discussions, the social and political context of
different countries was highlighted as a major factor influencing
the treatment of LGBT persons in detention. According to the
International Lesbian, Gay, Bisexual, Transgender & Intersex
Association (ILGA), 76 countries still have homophobic laws that
criminalise same-sex relations. Decriminalisation of homosexuality
is therefore a first step that needs to be taken before any sustainable
change to the detention conditions of LGBT persons can be achieved.
That said, even in countries where homosexuality or transgender
individuals are not criminalised, LGBT persons working in State
institutions frequently face discrimination based on their sexual
orientation or gender identity. In such cases, NPMs face many
obstacles in their dialogue with the authorities.
For all these reasons, the role played by international and regional
bodies was discussed in relation to issues such the jurisprudence
of regional courts, relevant advocacy or even denunciation, or the
publication of reports or press releases on LGBT issues. For example,
participants noted the important advocacy role that reports from
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