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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
nowledged by the authorities, gay, bisexual or trans detainees may
be de facto segregated in separated cells). In such cases, monitoring
bodies may seek to conduct targeted visits to these units, whilst
remaining cognizant of the fact that their existence within a prison
does not preclude the possibility that other LGBTI detainees are
held in other parts of the establishment.
In other contexts, correctional establishments have separate wings
for so-called “vulnerable detainees”, which might hold LGBTI detainees alongside other categories of detainees, such as sex offenders, former law enforcement officials, detainees with a disability,
or others being separated for alleged protective purposes. In such
case, monitoring bodies looking into discrimination on the basis of
sexual orientation and gender identity may consider targeting these
units during their visits. In all cases, due consideration should be
given to ensuring that no harm is done to detainees, in particular
by preventing any forms of retaliation or reprisals as a consequence
of the visit.
If a monitoring body lacks expertise on the issue, its members should
reach out to external experts among civil society organisations, in
particular those representing LGBTI persons and working on LGBTI
matters, with a view to enhancing its understanding of and capacity
for addressing the unique challenges faced by LGBTI persons deprived of liberty. This will help ensure that biases and misconceptions
are avoided from the early moments of strategic planning and visit programming. Exchanges with LGBTI organisations are central to
the consolidation of monitoring bodies’ understanding of the issues
and to their ability to devise adequate strategies, whilst also helping
to reinforce NGOs’ interest and knowledge in matters relating to the
deprivation of liberty, thus proving to be mutually beneficial.
2. Mapping and data gathering
Mapping out existing legislation, policies, and case law impacting
LGBTI persons in general — ranging from criminalisation of samesex conducts to legal gender recognition and access to healthcare
for trans persons — is an important precondition to initiating any
work on the issue. More specifically, monitoring bodies should be
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