Naar een queer penologie? Onderzoek naar de ervaringen, noden en het mensenrechtenkader van lesbische, homoseksuele, biseksuele, transgender en intersekse personen in Belgische gevangenissen

Over recent decades, heightened societal and scholarly awareness of sexual and gender diversity has led to the emergence of queer criminology as a distinct research field. This body of work has significantly expanded our understanding of the experiences of LGBTQ+ individuals within criminal justice systems, with a particular focus on their heightened vulnerability, discrimination, and violence in prison contexts. However, this scholarship remains geographically concentrated, primarily reflecting empirical studies from the United States, the United Kingdom, and Australia. As a result, its applicability to other national settings, including Belgium, remains underexplored. Within the Belgian context specifically, academic attention to the lived experiences of incarcerated LGBTQ+ people has been notably sparse. This gap in empirical knowledge is particularly stark in light of evolving international human rights instruments, such as the Yogyakarta Principles and the Council of Europe's CPT standards, which articulate protections for LGBTQ+ persons deprived of liberty. While largely non-binding, these instruments are gaining traction in jurisprudence, notably within the European Court of Human Rights. The framing of incarcerated LGBTQ+ individuals as a 'vulnerable group' is prominent in both legal standards and academic discourse. While this framing draws attention to their exposure to harm and discrimination, it also risks reinforcing essentialist or paternalistic narratives that undermine individual agency. This study critically engages with the vulnerability discourse, interrogating the structural roots of marginalisation and how institutional responses shape or perpetuate differential treatment. Addressing these gaps, the study investigated the lived experiences of incarcerated LGBTQ+ individuals in Belgium, examined the operationalisation of international human rights standards, and explored the relevance of a queer penological framework. A mixed- and multi-methods approach was employed, encompassing 18 Belgian prisons. The research included an exploratory survey with prison staff (N=257), a mini-survey of investigating judges (N=38), in-depth interviews with both staff (N=33) and incarcerated LGBTQ+ individuals (N=32), and correspondence with currently incarcerated LGBTQ+ people (N=5). Findings highlight a growing institutional recognition of LGBTQ+ diversity within Belgian prisons, evidenced by training initiatives and policy tools such as Beyond Binary Bars, a self-help guide for incarcerated transgender persons developed by civil society actors in collaboration with prison authorities. Nonetheless, training remains limited in scope—primarily addressing transgender identities—and often engages only staff already sensitised to LGBTQ+ issues, inadvertently entrenching polarised views. A notable development is the 2023 issuance of guidelines for the treatment of transgender detainees by the Belgian FPS Justice and prison administration. These guidelines—aligned with the CPT standards—advocate placement based on gender self-determination, balanced with institutional safety concerns. However, the guidelines are non-binding, and their practical implementation remains inconsistent. Staff awareness of the guidelines is limited, and earlier practices, reliant on legal sex designation and medical evaluations, persist in influencing placement decisions. Empirical data from staff and incarcerated individuals reveal enduring marginalisation, including discrimination, subtle verbal violence, and exclusion. While severe physical or sexual violence was less frequently reported, several serious incidents were documented. Despite these challenges, instances of acceptance, solidarity, and allyship (both from staff and fellow incarcerated individuals) were documented, revealing a more complex and nuanced landscape. Institutional responses to same-sex relationships varied widely, ranging from punitive and restrictive to permissive and accommodating, with more openness noted in women's prison units. These inconsistencies reflect broader tensions between policy aspirations and on-the-ground realities. In sum, the research presents a nuanced portrait of the Belgian prison system's engagement with incarcerated LGBTQ+ people. While normative progress is evident through policy developments and emerging forms of support, significant gaps remain between policy and practice. These include uneven implementation, resistance among staff, and persistent stigmatisation of LGBTQ+ identities. This study contributes to bridging these gaps by offering empirical insight into incarcerated LGBTQ+ individuals' lived experiences, while advancing critical reflection on vulnerability and reflecting on the potential of a queer penological approach.