Ad Hoc Query on guidelines and/or procedures for the reception of LGBTIQ+ in detention centers

Do Member States have guidelines on the reception of LGBTIQ+ individuals in detention facilities? This ad hoc vraag, launched by Luxembourg, examines what guidelines, procedures and possible best practices are in place when these persons are detained.

23 Member States replied to the ad hoc query and the following conclusions can inter alia be highlighted:

  • 17 out of 23 responding Member States replied that they have no specific guidelines on the reception of LGBTIQ+ individuals in detention facilities. However, most of them underlined that the special needs and vulnerability of detainees are assessed on a case-by-case basis to offer safe and dignified accommodation to detainees and ensure peaceful cohabitation in the facilities. BE stressed that the staff is sensitized to that matter and specific measures can be taken in this regard. IE specified that regular monitoring of the conditions of detention is foreseen and adequate support provided where a detained applicant is vulnerable. FR and LV noted that they provide for the possibility of transferring the foreign national to another place of detention if necessary. LT added that they had in the past unofficial recommendations on accommodation based on which LGBTQ+ were accommodated separately.
     
  • 6 out of 23 responding Member States replied that they had specific provisions or guidelines on the reception of LGBTIQ+ individuals in detention facilities. These provisions and guidelines may impact inter alia (i) the choice of the detention center, (ii) the attribution of a cell (single-celling) and (iii) the sex of the official performing the body search. However 2 Member States noted that these guidelines are applied when the persons concerned are identified as vulnerable and not to all detainees who belong to LGBTIQ+.

More detailed information can be found in the compilation of answers above.

Publication Date:
Thu 22 Dec 2022
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