ADDRESSING VULNERABILITIES OF LGBT PERSONS IN DETENTION
Addressing the situation of LGBT persons in detention in a thematic
report or in a section of the annual report also helps protect these
persons against possible reprisals (they are less easily identifiable
than in a visit report) and serves to highlight the main problems they
face, regardless of the institution in which they are held.
Participants also noted that the drafting of thematic reports
requires significant resources and specific abilities to conduct visits
that monitor a particular issue. In order to produce a thematic
report on the situation of LGBT persons in detention, NPMs have
to identify LGBT persons during their visits at the risk of exposing
them to unwanted attention. It is therefore important for NPMs to
weigh the pros and cons before embarking on the drafting of such
a report. That said, even in situations that may seem hostile, NPMs,
given their preventive mandate and privileged access to the realities
of detention, were encouraged to show innovation, where deemed
appropriate, in efforts to fulfil their mission.
It was also stressed that the issues of sexual orientation and gender
identity can be embedded implicitly in annual or monitoring reports,
within the broader context of discrimination or violence in detention.
Finally, participants noted that NPMs should consult reports
by regional and international bodies dealing with the issue of
LGBT persons in detention and that they could be used as tools
or information sources to enrich their own reports, as well as to
legitimise NPM interventions.
Dialogue with the authorities and collaboration with
civil society
Depending on the context, dialogue with the authorities can be
particularly difficult when the topic of LGBT persons deprived of their
liberty is raised. However, participants reiterated that such dialogue
is a central part of their mandate and must occur continuously.
NPMs have a wide margin of manoeuvre to explore the most adept
ways to cultivate and sustain a constructive dialogue, which can
be achieved through thematic meetings - including on the issue of
LGBT persons - with State institution representatives who do not
generally participate in such proceedings.
As part of this process, participants suggested that a good practice
could be to create discussion groups within government and relevant
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