CAT/OP/C/57/4
persons, and the result of the respective investigations, as well develop appropriate models
of data collection, processing and analysis.
76.
In cases of lesbian, gay, bisexual, transgender and intersex persons deprived of
liberty in any place of detention, State authorities must recognize specific risks, identify
those who are in a vulnerable situation, and protect them in ways that do not leave them
isolated. Special attention should be paid to ascertaining the reasons for arrest, and specific
policies must be developed in relation to searches, intake and interrogation. To that end,
some correctional agencies use written instruments to screen all incoming prisoners for risk
of sexual assault as a means of supporting evidence-based policies and procedures on
housing and programming. States must put in place measures to prevent discriminatory
disciplinary measures. In particular, decisions on the housing of transgender persons should
be done on a case-by-case basis, considering seriously their views as to their safety and, to
the extent possible, with their informed consent. The specificity of the needs of transgender
persons makes the involvement of transgender activists and experts particularly desirable.
77.
As with other groups, communities and populations in situation of vulnerability, it is
imperative that States put measures in place to identify and properly address the specific
health needs of lesbian, gay, bisexual, transgender and intersex persons. That includes the
highly specific needs of transgender persons, including hormone and other treatment
associated with gender transition.
78.
Solitary confinement, isolation and administrative segregation are not appropriate
methods of managing the security of persons, including lesbian, gay, bisexual, transgender
and intersex persons, and can be justified only if used as a last resort, under exceptional
circumstances, for the shortest possible time and with adequate procedural safeguards.
79.
The Subcommittee has made recommendations to States parties on providing
training and awareness-raising on international human rights standards and principles of
equality and non-discrimination, including in relation to sexual orientation and gender
identity. Those measures should be aimed at prison staff, law enforcement personnel,
prosecutors, judges and other relevant State officers, and should include training on how to
communicate effectively and professionally with lesbian, gay, bisexual, transgender and
intersex detainees and how to identify and respond to their legitimate needs.
80.
In placing lesbian, gay, bisexual, transgender and intersex migrants, refugees and
asylum seekers in any form of detention, authorities must avoid exposing them to a risk of
ill-treatment and torture, and take into account their medical needs. If the security of the
person cannot be guaranteed in detention, alternatives must be considered. States must have
mechanisms in place to consider the manner in which certain existing benefits, such as
extended visits, will need to be tailored so that they include lesbian, gay, bisexual,
transgender and intersex persons.
81.
States must ban so-called “conversion therapy”, involuntary treatment, forced
sterilization and forced genital and anal examinations; they should also ensure that any
medical or psychological treatment or counselling does not, explicitly or implicitly,
approach sexual orientation and gender identity as medical conditions to be treated, cured
or suppressed. In particular, the prevention of harmful medical practices must extend to
protection for intersex children, and medically unnecessary procedures must be banned.
82.
That work should be accompanied by extensive public awareness campaigns on the
prevention of torture and other cruel, inhuman or degrading treatment or punishment of
lesbian, gay, bisexual, transgender and intersex persons, and information campaigns on how
and where to bring claims before competent authorities.
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