Tool 5: Places of Deprivation of Liberty and Gender
other and feel safer in different environments. Transgender children may also have different
needs to transgender adults and to each other.^
Women who have sex with women and men who have sex with men
In some cases specific sexual orientations develop in places of deprivation of liberty but do
not translate into changes in a person’s sexual orientation once released. In some single-sex
institutions detainees live in same-sex relationships as a survival or protection mechanism
and/or as a means of maintaining sexual relations, but do not identify as “lesbian” or
“gay”. These groups have particular needs, for example condoms and checks for sexually
transmitted infections, even though they may also maintain romantic relationships with
heterosexual partners outside the facility.
2.5 Intersectionality
Ways in which a person’s gender can affect the way they are treated, the conditions
they experience and the needs and responsibilities that they feel are outlined above.
However, it is important to be awake to the fact that people can experience multiple
forms of discrimination. For example, women are not a homogeneous group: multiple
personal characteristics and contextual circumstances can and do combine to intensify
and perpetuate exclusion and marginalization. “Intersectionality” is a concept coined by
Kimberlé Crenshaw as “a way of framing the various interactions of race and gender in the
context of violence against women of color”.13 It is now used more widely as a way to define
how expectations connected to gender interact with other societal markers, such as ethnoreligious background, age, social class, sexual orientation, marital status, race, ethnicity and
disability, placing people in different positions of power and privilege, discrimination and
exclusion (see Box 2).
Box 2: Intersectionality
The idea of intersectionality seeks to capture both structural and dynamic consequences of
the interaction between two or more forms of discrimination or systems of subordination.
It specifically addresses the manner in which racism, patriarchy, economic disadvantage
and other discriminatory systems contribute to creating layers of inequality that structure
the relative positions of women and men, and ethnic and other groups. Moreover, it
addresses the way that specific acts and policies create burdens that flow along these
intersecting axes, contributing actively to create a dynamic of disempowerment.
Source: UN Division for the Advancement of Women, Office of the High Commissioner for Human Rights (OHCHR) and
UN Development Fund for Women (UNIFEM) (2000) “Gender and racial discrimination. Report of the Expert Group
Meeting”, 21–24 November, Zagreb, Croatia.
Both the UN Special Rapporteur on Torture and the Subcommittee on Prevention of Torture
have noted that detention facilities have a culture that maintains a strict hierarchy, and
those at the bottom of the hierarchy, including LGBTI persons, typically suffer double or
triple discrimination.14
It is common for the staff of a place of deprivation of liberty to be drawn from ethnic
and religious majorities. This can often mean that either via a lack of understanding of
minority group culture or via (conscious or unconscious) discriminatory views, issues of
gender equality can be complicated further through ethnic and/or religious discrimination.
In addition, there are contextual circumstances that can heighten the level of discrimination,
such as socio-economic situation, geographical remoteness, whether the individual can
^ For a more detailed
discussion of terminology
around LGBTI and diverse
sexual orientation and gender
identity see Tool 1, “Security
Sector Governance, Security
Sector Reform and Gender”.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents