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.

In its first-ever strategy on LGBTIQ Equality, the European Commission called for protection against discrimination, exclusion and violence. On the international level, the Yogyakarta Principles provide guidelines on the application of international human rights law in relation to sexual orientation and gender identity, including the right to treatment with humanity while in detention. In the recent Recommendation (C(2922) 8987) the European Commission, made reference to the Yogyakarta Principles and called on Member States to take into account the special needs of LGBTIQ detainees and to prevent violence and other ill treatment against them.

To address these gaps, the project “LGBTIQ Detainees – 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 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.

The project is being implemented under the direction of the Ludwig Boltzmann Institute of Fundamental and Human Rights (LBI-GMR) in cooperation with the Centre for European Constitutional Law (Greece), Associazione Antigone (Italy) and the Hungarian Helsinki Committee (Hungary).