ADDRESSING VULNERABILITIES OF LGBT PERSONS IN DETENTION
The issue of body searches was also addressed and, in particular,
cases where detention facility staff conduct body searches of
transgender people who have not had sex reassignment surgery
and who, therefore, possess the anatomical characteristics of both
sexes. Given the high risks for the individual concerned in such
cases, participants stressed that detaining authorities must respect
the choice of the detainee regarding the gender of the staff member
designated to conduct the body search.
Although it was not possible to identify good practices applicable
to transgender people deprived of their liberty in all contexts,
participants highlighted a number of guiding principles they
considered should be adhered to at all times. These included the
principle that no decision should be taken without consulting the
people concerned, particularly with regard to the allocation of
detention quarters or the conditions governing body searches.
Furthermore, in accordance with the same principle of nondiscrimination, all detainees should benefit from the same prison
conditions regardless of whether they are placed in detention facility
areas for men or women.
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