Areas of Conflict: Human Rights and Sexuality (Abusive and Consensual) in Custodial Settings - Emergent Issues on Rights on LGBTQI Prisoners in the United States

Document Type


Publication Date


Conference / Event Title

34th International Congress on Law and Mental Health

Conference / Event Location

Vienna, Austria

Hosting Organization

International Academy of Law and Mental Health (IALMH)


While there is swift development of legal norms related to the rights of LGBTQI individuals in the community, determining the appropriate treatment for LGBTQI individuals in custody has been challenging. This presentation will review emerging issues and legal norms in the U.S. related to medical and mental health treatment, housing, searches, provision of commissary items, protection from abuse, and protection from aversive therapies aimed at changing gender expression or identity. The presentation will discussion several key developments in policy and law related to LGBTI individuals in custody: (1) implementation of the Prison Rape Elimination Act and U.S. Department of Justice standards that relate to treatment of LGBTI people in custody; (2) emerging law on the right to treatment and services while imprisoned for gender dysphoria; (3) promising practices related to classification, housing and services for LGBTI prisoners; and (4) the impact of changes in legal norms in the community on the treatment of LGBTI individuals in custodial settings.