LGBTIQ individuals have long been a hidden part of the prison population and, in many cases, continue to be so today. To date, initiatives addressing the situation of LGBTIQ detainees have remained limited, with minimal attention given to specific challenges, risks and forms of discrimination that this group faces in detention settings. The EU-JUST co-funded project “Strengthening the rights of LGBTIQ detainees in the EU – LGBTIQ Detainees” therefore aimed to map the legal and policy framework across the EU and assess the situation in practice in light of relevant international and regional human rights standards.

The project, led by the Ludiwg Boltzmann Institute of Fundamental and Human Rights (LBI-GMR), was implemented simultaneously in Austria, Italy (Associazione Antigone), Greece (Centre for European Constitutional Law), and Hungary (Hungarian Helsinki Committee). In addition to desk research, the project activities encompassed interviews with individuals with lived experiences of detention, as well as consultations (interviews and focus group discussions) with civil society organisations focusing on LGBTIQ rights, lawyers, NPMs and NHRIs, prison staff and representatives of prison administrations. Overall, the project partners conducted 107 interviews in the four countries. All the national research team were accompanied by National Coalitions, composed of four members each, which supported the project team in making sure that the perspective of LGBTIQ persons were consistently represented throughout the project.

Additionally, the LBI-GMR conducted research on the regional level, and interviewed international, regional, and national experts from other (EU) countries to identify trends, common challenges and promising practices. To this end, an EU-wide consultation workshop was held from 31 March to 1 April 2025, bringing together over 50 experts from across the EU to discuss preliminary findings and enable cross-border exchange.

The project findings are consolidated in a Regional Report, providing an overview of the international and regional human rights standards applicable to LGBTIQ detainees, as well as an assessment of the situation in practice in the EU and highlighting common challenges as well as promising practices. The Regional Report further includes recommendations to strengthen the rights of LGBTIQ detainees in the EU both on the regional and national level. The national findings are comprised in four National Reports, providing an in-depth analysis of the current legal and policy framework for LGBTIQ detainees, as well as an assessment situation of LGBTIQ detainees in the four partner countries in practice. The National Reports are available in English as well as in the respective national language. The findings of the research and the publications were presented on 17 September 2025 in the framework of a webinar.

The research findings highlight that LGBTIQ individuals are not a homogenous “group”, and experiences of detainees may vary greatly. In ongoing discussions, matters related to transgender persons in prison were often at the forefront, e.g., regarding placement and accommodation, or access to specific health care – while experiences of intersex or non-binary persons were under-represented.

Overall, sexual orientation, gender identity and gender expression remain insufficiently addressed within prison systems. While the research identifies different recent guidelines and policies regarding the treatment of LGBTIQ persons in prison on the national level, many countries remain not to have any specific policies in place. The research further showed that where sexual orientation or gender identity are taken into account and special measures are implemented, this often leads to the separation of individuals from other detainees. Prison systems need to recognize diversity and take into account individual needs, avoiding separation of detainees on the basis of sexual orientation, gender identity or gender expression.

Additionally, the project findings point to a variety of challenges pertaining to placement and accommodation, access to health care, safety and security, conditions of detention and daily life in prison.

You may retrieve the detailed project results in the download area on the right.

• LGBTIQ Detainees National Report Austria (EN)
• LGBTIQ Detainees National Report Austria (DE)
• LGBTIQ Detainees National Report Greece (EN)
• LGBTIQ Detainees National Report Greece (GR)
• LGBTIQ Detainees National Report Hungary (EN)
• LGBTIQ Detainees National Report Hungary (HU)
• LGBTIQ Detainees National Report Italy (EN)
• LGBTIQ Detainees National Report Italy (IT)
• LGBTIG Detainees Regional Report