ADDRESSING VULNERABILITIES OF LGBT PERSONS IN DETENTION
• During their visits, NPMs should at all times apply the principle of
"do no harm", which is of particular importance when specifically
monitoring the situation of LGBT persons in detention. In this
regard, monitoring bodies are encouraged to question the
relevance of identifying the sexual orientation and gender identity
of persons with whom they conduct individual interviews and to
avoid any action that could lead to even greater stigmatisation
and discrimination against this group.
• The designation of a "focal point" on LGBT issues within the NPM
is not a requirement and is not always a necessity. However, it
enables the systematic recording and sharing of the information
gathered on this issue with all concerned, the coordination of
possible action with the authorities or civil society, and finally the
dissemination of a clear message to the outside world illustrating
the importance the NPM attaches to this question.
• Reports - especially thematic reports and annual reports - are
the most visible part of the work of an NPM. Given their potential
impact, for example, in highlighting some of the least known
problems that exist in places of detention, NPMs are encouraged
to consider the possibility of increasing thematic coverage of
LGBT issues in their reports, while measuring the pros and cons
of such action in terms of ensuring respect for the principle "do
no harm".
• Given the complexity of the issue and the difficulties faced
by NPMs in certain contexts to include information on LGBT
persons deprived of their liberty in their reports, a proposal was
presented to draft a global report containing the related findings
and recommendations of NPMs from around the world.
• There is a glaring lack of standards or guidelines at the international
level on the management and care of LGBT persons in detention,
notably with respect to safeguards against discrimination and
abuse. Participants agreed that this makes their monitoring task
particularly difficult. In the absence of such standards, a first
step would be to develop guidelines designed to help monitoring
bodies refine their detention visit practices and better prepare
their recommendations to the authorities.
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