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. 1.     2.        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? 2

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