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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
frequent punishments for trans detainees include the confiscation
of garments and accessories.
Trans detainees undergoing hormone therapy may be at risk of having their medications withheld as a disciplinary sanction. Restraints
and force also tend to be used more frequently on trans men than
on cis-gender women due to harmful stereotypes and assumptions.
The existence of such discriminatory disciplinary measures not only
violates LGBTI detainees’ rights to privacy and to gender expression
and has a detrimental impact on their well-being, but it is also conducive to an environment wherein staff members are less likely to
challenge homophobic and transphobic language, behavior, and attitudes. Informal sanctions, which do not appear in official internal
regulations or policies, are more likely to be applied for LGBTI detainees. They might be difficult to be identified by monitoring bodies,
as measures taken against LGBTI detainees may be improperly justified by the authorities on a pretense of management, good order
or security. Furthermore, monitors are not likely to find evidence of
such informal sanctions in any official records.
In prisons characterized by self-government or shared-government,
LGBTI detainees are exposed to high risks of being informally punished by fellow detainees, with or without the acquiescence of the
prison authorities, for not behaving in accordance with their expected sexual orientation or gender identity.
Good practice
Policies and regulations banning discriminatory sanctions
stemming from homophobia or transphobia
In Colombia, the General Regulation on Correctional Establishments71
states that no sanction, whether enshrined in law or in disciplinary
rules, can be interpreted in a discriminatory way. It also makes clear
that, in the case of LGBTI persons deprived of liberty, displays of affections, physical appearance, or any other bodily manifestation of sexual
orientation or gender expression or identity must not be considered as
Resolución 006349 Por la cual se expide el Reglamento General de los Establecimientos de Reclusión del Orden Nacional-ERON a cargo del INPEC, 19 dic. 2016.
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