CAT/OP/C/57/4
and other “aversion therapy”, reportedly causing psychological and physical harm (see
A/56/156, para. 24). As noted by the Special Rapporteur on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health, attempts to
“cure” those who engage in same-sex conduct are not only inappropriate, but have the
potential to cause significant psychological distress and increase stigmatization of those
vulnerable groups (see A/HRC/14/20, para. 23).
70.
Many intersex children, born with atypical sex characteristics, are subjected to
discrimination and medically unnecessary surgery, performed in health-care settings
without their informed consent or that of their parents (see A/HRC/19/41, para. 57) in an
attempt to force their physical appearance to align with binary sex stereotypes. Such
procedures are typically irreversible and can cause severe, long-term physical and
psychological suffering and may amount to torture or ill-treatment, as well as a harmful
practice. Many entities have called for an end to the practice, including the Committee on
the Rights of the Child, the Committee against Torture, the Special Rapporteurs on the right
to health and on torture and the United Nations High Commissioner for Human Rights (see
A/HRC/29/23, para. 53).
D.
Duty of prevention
71.
The Subcommittee stresses that it is fundamental that lesbian, gay, bisexual,
transgender and intersex persons are included in the design, implementation and evaluation
of measures adopted to prevent torture and ill-treatment against them. That would ensure an
understanding of the diversity of the individuals, groups, communities and populations
concerned. The Subcommittee considers that the maxim “nothing about us without us”
must be seen as a guiding principle in that regard.
72.
Strengthening the protection of people deprived of their liberty requires the adoption
of legislative, administrative and judicial measures. To be adequate, such measures require
diligent risk assessment, including the identification of causes, forms and consequences of
violence and discrimination. It is essential to question preconceptions, stereotypes and
prejudice regarding conduct, physical appearance and perceived gender. It is also essential
to ensure that context is assessed, taking into account the ethical principle of “do no harm”,
since isolated, decontextualized or intuitive actions may increase the risk of violence
against lesbian, gay, bisexual, transgender and intersex persons.
73.
The reform of laws criminalizing consensual same-sex conduct is essential. Such
laws, by their mere existence, violate the rights to privacy and non-discrimination (see
A/HRC/29/23, para. 43). Moreover, they exacerbate the risk of other violations and impede
the elimination of impunity in relation to torture and ill-treatment.
74.
Authorities must adopt the measures necessary to ensure that violence based on
sexual orientation and gender identity is properly identified, carry out prompt and impartial
investigations into allegations of torture and ill-treatment, including sexual violence, in
accordance with articles 12 and 13 of the Convention against Torture, and provide
reparations to victims. In cases where those allegations involve prison staff, the staff
members should be suspended from duty for the duration of the trial, and dismissed from
service if they are found guilty (see CAT/OP/PRY/1, para. 216). States must prevent the
further marginalization of persons when placing them in detention, and avoid subjecting
them to the risk of violence, ill-treatment or torture.
75.
Within the sphere of their competence, all State agencies, including national
preventive mechanisms should collect and publish data on the number and types of
incidents of torture and ill-treatment against lesbian, gay, bisexual, transgender and intersex
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