Progress and challenges in the Costa Rican penitentiary system on the specific needs of LGBTI persons deprived of liberty
Authors: Pineda Neisa Ana Selene , Durán Chavarría Douglas 
Published: May 2020

Purpose

Despite the restricted interpretation of the principle of equality and non-discrimination made by some members of the prison staff in Costa Rica, most of the authorities and policymakers are committed to the express prohibition of unjust treatments on grounds of gender identity and sexual orientation. Notwithstanding, there is a gap between the normative framework and the reality of the detention facilities in the country. This paper aims to present the progress and challenges in the Costa Rican penitentiary system on the specific needs of LGBTI persons deprived of liberty, from a human rights perspective.

Design/methodology/approach

This paper is the result of the analysis conducted by United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD) from the data collected and systemized during a qualitative study, led by the same institution in 2016, regarding the situation of Lesbian, Gay, Bisexual, Trans and Intersex Persons (LGBTI) persons deprived of liberty. These findings and a review of the actions implemented recently by the competent authorities to protect the rights of these population groups allowed to present an approach of the current situation of the Costa Rican penitentiary system.

Findings

While acknowledging the gravity of the violations of fundamental rights of LGBTI people in prison, they are far from showing a systematic pattern of aggression or discrimination against those people. What they do indicate is a penitentiary system that reproduces and exacerbates the marginalization and discrimination experienced by these populations in society. Despite the implementation of some measures to meet the particular needs of these groups, there is also evidence of an institutional culture that tolerates and normalizes certain levels of verbal violence and non-lethal aggression perpetrated by some system staff and by other individuals deprived of liberty.

Practical implications

Visualize the discrimination faced by some of the most invisible prisoners in the penitentiary system. Highlight some of the challenges that might be addressed to protect the rights of certain groups of prisoners affected by structural discrimination provide key data to identify the task list that should be guiding the actions to strengthen human rights guarantees for LGBTI people in prison. Present some good practices implemented by the Costa Rican penitentiary system, which might be useful for some other countries of the region.

Originality/value

There is a lack of information in Latin America about the rights situation of people that, besides the imprisonment, faced some other conditions of vulnerability, such as gender identity or sexual orientation. In a region where overpopulation, precarious living conditions and the critical situation of the prisons are no longer news, this paper pretends to draw attention to the progress and challenges of the penitentiary system concerning some of the most marginalized people in prison. In that regard, this document constitutes also a way of vindication of their rights.