44 Towards the Effective Protection of LGBTI Persons Deprived of Liberty expertise required. In particular, the proper implementation of NPM mandate demands that members “have the required capabilities and professional knowledge” and “strive for a gender balance and the adequate representation of ethnic and minority groups in the country” (OPCAT, Art. 18 [2]). Smaller NPMs may not be able to ensure the presence of both capabilities and professional knowledge, and adequate representation of all ethnic and minority groups in their teams. In such cases, and when specific skills and profiles additional to those represented by the team’s membership are required, it is advisable to reach out to outside experts, including for participation in visits (although some monitoring bodies may be prevented by law from bringing external experts on visit). Irrespectively of their size and capacities, it is essential that NPMs (and other monitoring bodies) strive to promote and actualize a reality of non-discrimination, including in their mere composition, which should aim to reflect the diversity of people encountered in places of deprivation of liberty. The Special Rapporteur on Torture has noted that the “inclusion of women, lesbian, gay, bisexual and transgender persons and other minority representation on inspection bodies at all levels would help facilitate the reporting of gender-based violence and discrimination and identify cases of torture and ill-treatment39”. Nevertheless, it cannot be expected that all monitoring bodies will include LGBTI team members, and all the more so individuals who are open about their sexual orientation or gender identity. It is also important to stress that every monitor—irrespective of his or her gender, sexual orientation, or gender identity—can and should apply a “gendered and intersectional lenses” during visits. This being said, having an LGBTI focal point within a monitoring body will prove useful to ensuring the visibility of the topic and to internally mainstreaming issues related to sexual orientation and gender identity in places of deprivation of liberty. An LGBTI focal point can also ensure that materials used by the monitoring body pro- Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/31/57, 5 January 2016, para. 39. 39

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents