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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
identity or gender expression and ensure, so far as is reasonably
practicable, that such protective measures involve no greater restriction of their rights than is experienced by the general prison
population; […]
D
Adopt and implement policies to combat violence, discrimination
and other harm on grounds of sexual orientation, gender identity, gender expression or sex characteristics faced by persons who
are deprived of their liberty, including with respect to such issues
as placement, body or other searches, items to express gender,
access to and continuation of gender affirming treatment and medical care, and “protective” solitary confinement;
E
Adopt and implement policies on placement and treatment of
persons who are deprived of their liberty that reflect the needs
and rights of persons of all sexual orientations, gender identities,
gender expressions, and sex characteristics and ensure that persons are able to participate in decisions regarding the facilities in
which they are placed.”
The practices according to which LGBTI detainees are allocated to
prisons and/or specific units or quarters within prisons are extremely diverse, ranging from failures to take into account a detainee’s
sexual orientation and gender identity during placement decisions,
to the creation of special prisons for gays and/or trans detainees.
Between these two extremes, national practices include placing
LGBTI detainees in wings for vulnerable persons or at-risk detainees
(including sex offenders), creating special wings for gays, bisexual
men, and/or trans women detainees (characterized by varying degrees of interaction with other prison units), and resorting to solitary confinement for purportedly protective measures. The degree
of consent and consultation sought from LGBTI detainees in the decision-making process greatly varies by country (and even by facility). Depending on the context, allocation decisions may be taken by
prison or judicial authorities.
The identification of LGBTI detainees is also subject to significant
variations in national practices, being based for instance on selfdeclaration and self-identification; multidisciplinary assessments
conducted upon arrival; or unilateral decisions by the prison ma-
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