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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
ty is collected may sometimes be problematic and fail to respect
the right to privacy. Accordingly, NPMs and other monitoring bodies
must establish standard practices with a view to ensuring that data
is collected in a manner that is consistent with human rights and accounts for the principles of participation, self-identification, privacy,
transparency, and accountability. Moreover, it is important that data
is disaggregated to guarantee that the needs and situations of each
group encompassed by the LGBTI acronym are clearly distinguished
and understood.
Good practice
Targeted visits by civil society organisations to examine
the situation of LGBTI detainees
In Guatemala, the “National Network on Sexual Diversity and HIV” (REDNADS) initiated a review of the needs of LGBTI persons deprived of their
liberty. The Network’s members visited 7 prisons between December
2014 and January 2015, with the purpose of examining issues of visibility,
conditions of detention, discrimination, ill-treatment, free development
of one’s personality, intimate visits, sensitisations of prison officials,
and institutional management. The review process included interviews
with 54 LGBTI detainees, as well as with prison management, multidisciplinary teams among prison staff, and 15 key LGBTI stakeholders from
the community.
Based on the findings, REDNADS subsequently issued a report with standards and guidelines for the treatment of LGBTI detainees jointly with
the Department of Vulnerable Groups of the Penitentiary Administration. The process included several roundtables with LGBTI detainees,
as well as with civil society organisations and penitentiary staff. A pilot
training for the Penitentiary training school was also included in the
process. The review’s report36 identified priorities in four key areas:
Data protection: the guidelines provide that LGBTI persons should be
able to self-identify according to their chosen name and gender, and
that staff members in charge of registers should be properly trained.
Security: LGBTI persons may not be prevented from wearing
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Red Nacional de la Diversidad Sexual y VIH (REDNADS), Primer Diagnóstico. Necesidades de la
población LGBTI privada de libertad, Guatemala, 2015.
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