LGBTI PRISONERS
The acronym LGBTI, usually referring to lesbian, gay, homosexual, transgender
and intersex persons, may be confusing as it may not properly reflect the
individual identities of particular persons belonging to this group. Indeed, some
may not even wish to be identified by this term. However for the monitors, it is
important to recall that LGBTI prisoners are a particularly vulnerable group in
prisons, and that the main guiding principle regarding their treatment should be
one of equality and non-discrimination. It is paramount that all monitoring
mechanisms, including NPMs, during their monitoring visits pay attention to the
manner in which the special needs of the LGBTI prisoners are accommodated. It
goes without saying that LGBTI prisoners should be entitled to the same basic
conditions of detention as others, including the same physical conditions of cells,
provision of food, health care, access to activities, facilities and services.
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International Standards
Universal Declaration of Human Rights, Art 2
International Covenant on Civil and Political Rights (1966), Art 17
The Yogyakarta Principles on the Application of International Human
Rights Law in relation to Sexual Orientation and Gender Identity,
especially Principle 9 (The Rights to Treatment with Humanity while in
Detention)
European Prison Rules, Rules 13 and 81.3 in particular
Prison Policies
Is there a general internal policy against discrimination in the prison?
Does the anti-discrimination policy specify the prohibition of
discrimination also on the basis of sexual orientation and gender identity?
Is care and protection of LGBTI prisoners included in general
management strategies which have been developed at prison
headquarters?
Have the prison authorities developed specific policies and strategies that
ensure the maximum possible protection and social re-integration of
LGBTI prisoners?
Are these policies accessible to all staff?
Is there a policy to challenge any existing homophobic prison (staff
and/or prisoner) culture?
Is there a clear and strictly enforced zero-tolerance policy leading to
disciplinary action towards any staff complicit in any violence or
harassment of LGBTI prisoners, or a failure by staff to respond to fears or
incidents of violence or harassment?
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