A regional gathering of LGBT+ civil society organisations has pledged to deepen cooperation with independent oversight bodies to strengthen protection for LGBT+ persons deprived of liberty across Latin America.
Convened by Corpora en Libertad, an inter-American network with a presence in 11 countries, the Congress was an opportunity to discuss challenges in access to justice for LGBT+ persons deprived of liberty, including systemic discrimination among prosecutors, police and judges.
The Regional Congress, held in Mexico City, from 30-31 August, heard:
- Research findings from LGBT+ persons deprived of liberty in Mexico, Guatemala, Honduras and El Salvador
- LGBT+ people present testimonies on life inside prisons and the challenges they face upon release, including access to work and housing
- An NGO from Cuba share information about the situation of transgender women deprived of liberty and their efforts to foster policy and legislative change in this area.
The APT took part in a panel, alongside Almas Cautivas from México, on the vital importance of upholding the rights of LGBT+ persons during the first moments of detention, as well as on advocacy for LGBT+ persons deprived of liberty at the UN level.
Participants discussed the systemic discrimination directed towards LGBT+ people within the criminal justice system, reflected in limited access to a lawyer and the adequacy of public defense. Alternatives to detention and the prevention of arbitrary detentions based on discrimination were also discussed throughout the gathering.
Participants and the APT, highlighted the importance of working in collaboration with other stakeholders to implement Advisory Opinion 29/22 of the Inter-American Court of Human Rights on differentiated approaches in detention with respect to certain groups of persons deprived of liberty
The Advisory Opinion 29/2022 addresses practical questions regarding LGBTI persons deprived of liberty such as: the right to equality and non-discrimination; admissions, registration and placement; prevention of violence in detention; the right to health care; and the right to family and intimate visits.
It also considers the importance of the preventive approach for the protection of LGBT+ persons in detention, as well as the role of independent monitoring bodies.
The APT stressed the importance of encouraging National Preventive Mechanisms (NPMs), National Human Rights Institutions (NHRIs) and other oversight bodies in the region to integrate monitoring on the rights of LGBT+ persons deprived of liberty into their regular programme of work.
The APT’s call for deepened partnerships was reflected in the outcome statement adopted at the conclusion of the Regional Congress: “Corpora en Libertad invites NPMs and NHRIs to work, consult, and collaborate with CSOs working in favour of LGBTI+ people deprived of liberty.”
The APT also provided practical support for the Regional Congress by printing resources used during the two-day meeting.
Photos: Corpora en Libertad
