10
Gender and Security Toolkit
Box 1: US study of gender-neutral versus gender-responsive interventions
Researchers in the USA analysed the results of a large variety of studies to examine
whether interventions for women offenders are effective in reducing recidivism, as well as
whether gender-responsive and gender-neutral interventions differ in their effectiveness.
The results, which reflected the experience of nearly 22,000 women, showed that women
who participated in correctional interventions had greater odds of community success
than non-participants. The studies of highest quality demonstrated that gender-responsive
interventions were significantly more likely to be associated with reductions in recidivism.
Source: R. Gobeil, K. Blanchette and L. Stewart (2016) “A meta-analytic review of correctional interventions for women
offenders: Gender-neutral versus gender-informed approaches”, Criminal Justice and Behavior, 43, pp. 301–322.
2.4 Sexual orientation, gender identity and gender expression
International human rights law mandates that people must be protected from discrimination
and violence on the basis of their sexual orientation or gender identity or expression.9
However, people who identify as LGBTI or queer still suffer from systematic violations of
their rights all over the world and face discrimination in places of deprivation of liberty –
both as those deprived of their liberty and as those working within the institutions. In more
than 70 countries same-sex sexual relationships are criminalized, and in eight of these
countries the penalty is death.10
The UN Special Rapporteur on Torture highlighted that LGBTI people have reported higher
rates of sexual, physical and psychological violence:
… both within the criminal justice system and in other contexts such as immigration
detention, medical establishments and drug rehabilitation centres. Criminal justice
systems tend to overlook and neglect their specific needs at all levels. Transgender
persons tend to be placed automatically in male or female prisons or wards without
regard to their gender identity or expression.11
Authorities should always consider an individual’s gender identity and expression when
allocating and categorizing people deprived of their liberty. The Special Rapporteur’s report
goes on to say that:
Fear of reprisals and a lack of trust in the complaints mechanisms frequently prevent
lesbian, gay, bisexual and transgender persons in custody from reporting abuses.
Their placement in solitary confinement or administrative segregation for their own
“protection” can constitute an infringement on the prohibition of torture and illtreatment. Authorities have a responsibility to take reasonable measures to prevent
and combat violence against lesbian, gay, bisexual and transgender detainees by other
detainees.12
In 2006, in response to well-documented patterns of abuse, a group of international human
rights experts met in Yogyakarta, Indonesia, to outline a set of international principles
relating to sexual orientation and gender identity and expression. These principles provide
a comprehensive set of standards that supplement efforts of international law to protect
people from discrimination and violence.*
It is important to be aware that the term LGBTI covers several distinct and different sexual
orientations and gender identities. Each identity or group will have different difficulties
and needs while being held in or working in places of deprivation of liberty, and even
individuals within one of these identities may not have the same difficulties and needs.
For example, a transgender woman may require different support than a transgender man
or a lesbian woman. Equally, two transgender women may have different needs from each
* See the Yogyakarta
Principles and Yogyakarta
Plus 10 Principles pertaining
to rights of persons of
diverse sexual orientations
and gender identities and
expressions. While the
Yogyakarta Principles do not
constitute binding law, they
are distilled from the text
and legal interpretation of
a number of international
human rights treaties which
are binding on signatory state
parties.
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