Conclusion
LGBT persons deprived of their liberty are exposed to a
disproportionate level of abuse and discrimination. Vulnerable
amongst the most vulnerable, detained LGBT populations in all
regions of the world are severely marginalised, due mainly to
societal factors. It was in recognition of the gravity and worldwide
prevalence of this problem that APT decided to devote the second
Jean-Jacques Gautier Symposium to this topic.
Monitoring bodies, especially NPMs, have a central role to play in
protecting the rights of the most vulnerable persons deprived of their
liberty. The preventive mandate conferred on them under the OPCAT,
which guarantees them access to all detention facilities, places them
in a unique position to assess the realities of incarceration.
The issue of discrimination and abuse against LGBT persons
deprived of their liberty has so far only been partly addressed by
monitoring bodies, partly due to the specific scope of their preventive
mandate, but also because of the lack of specific guidelines on the
management of this population.
Addressing this issue is particularly complex as it challenges a taboo
deeply rooted in institutions and mentalities. It not only overturns
the binary conception of sexual orientation and gender identity
in the prison universe but also concerns what in reality is a very
heterogeneous group. Participants thus concluded that any NPM
intervention regarding LGBT persons must involve a differentiation
of needs and risks specific to transgender persons on the one hand,
and of homosexuals and bisexuals on the other (in addition to lesbian
and gay persons respectively in the latter category).
Another challenge that emerged clearly from the discussions relates
to the immense diversity of contexts in which NPMs operate. These
range from States that criminalise same-sex relations, or that have
prisons with informal hierarchies that relegate the incarcerated
LGBT population to the status of "untouchables", to countries that
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