LGBTIQ Detainees – Strengthening the rights of LGBTIQ detainees in the EU

Research topic and Roadmap

While many relevant projects have assessed the fundamental rights issues faced by the general prison population, initiatives concerning detained LGBTIQ (lesbian, gay, bisexual, trans, intersex, or queer) individuals have been limited. Notably, very little attention has been paid to specific challenges, risks and discrimination faced by this group of detainees. Yet, LGBTIQ persons often find themselves at risk of experiencing discrimination, harassment, bullying, mistreatment and violence.

To address these gaps, the project “Strengthening the rights of LGBTIQ detainees in the EU” will raise awareness on and assess relevant standards as well as challenges, gaps and good practices with regard to the fundamental rights of LGBTIQ individuals in detention.

The project will cover all EU Member States, with a special focus on four countries (Austria, Greece, Italy and Hungary) where more in-depth national research and consultations will be conducted by national partners.

The project primarily targets:

• Representatives of civil society and lawyers active in the field of criminal justice and LGBTIQ rights;
• LGBTIQ persons with lived experience in detention;
• Stakeholders with privileged access to detention facilities and the power to influence detention conditions, such as National Human Rights Institutions (NHRIs) and National Preventive Mechanisms (NPMs);
• Representatives of the judiciary with oversight powers on detention;
• State authorities (prison staff, prison authorities, and national policymakers) who ultimately have to implement reforms.

Research Focus

The overall objective is to strengthen the rights of the LGBTIQ detainees. More specifically, the project will:

• Map the existing legal and policy framework applicable to LGBTIQ detainees in the EU, as well as their application in practice and their compatibility with international and EU standards, especially, the Recommendation (C(2022) 8987);
• Identify challenges and promising practices regarding detention conditions, treatment and care of LGBTIQ detainees in the EU;
• Facilitate and strengthen exchange and mutual learning among different stakeholders from across the EU ;
• Raise awareness and capacity on the specific situation of LGBTIQ detainees in the EU.

Research Method

The research will cover desk research as well as consultations with relevant actors and representatives of the target groups in the form focus group discussions and workshops. Additionally, interviews will be conducted with experts and LGBTIQ persons with lived experience.

To ensure that the views, voices and needs of LGBTIQ detainees incorporated throughout the project, each country establishes a National Coalition, comprising among others representatives of civil society working on criminal justice and/or LGBTIQ rights, which will play an integral role in shaping the research process and project outputs.

The project outputs will include national reports on the situation in the four partner countries, as well as a final report including findings from the EU level and key recommendations to stakeholders and policy makers.

• Project Title: LGBTIQ Detainees – Strengthening the rights of LGBTIQ detainees in the EU
• Project Consortium: Ludwig Boltzmann Institute of Fundamental and Human Rights (lead); Associazione Antigone (Italy), Centre for European Constitutional Law (Greece), Hungarian Helsinki Committee (Hungary)
• Project Team: Bernadette Fidler (Coordination), Edith Riegler, Giuliana Monina, Katrin Wladasch
• Project Duration: April 2024 to September 2025
• Funding Bodies: EU/EC DJ Justice, Co-funded by the Federal Ministry of Justice (BMJ) and Zukunftsfonds der Republik Österreich
• Programme Line LBI-GMR: Human Dignity and Public Security

Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union. Neither the European Union nor the granting authority can be held responsible for them.