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portant for monitoring bodies to understand that the designation
“LGBTI” can have different meanings to different people – relating
for instance to identification and identities, attractions, practices, or
a combination of various meanings – and that what ultimately matters is how an individual self-identifies. Additionally, certain individuals who are not LGBTI but may be perceived as such are exposed
to the same risks of discrimination and abuse.
Notwithstanding the significant differences encompassed by the
acronym “LGBTI” (mixing concepts of sexual orientation, gender
identity and expression, as well as sex characteristics), LGBTI persons tend to be exposed to the same array of risks when deprived
of their liberty and are “disproportionately subjected to torture and
other forms of ill-treatment, because they fail to conform to socially
constructed gender expectations.9” The Yogyakarta Principles—although not explicitly using the acronym LGBTI—also group together
various identities and experiences, while acknowledging “the often
distinct violations affecting persons on grounds of ‘gender expression’ and ‘sex characteristics’10”.
Monitoring bodies should also take into consideration how sexual
orientation, gender identity or expression, and sex characteristics intersect with other characteristics and vulnerability factors, such as
age, the existence of a disability, race, ethnic origin, religious background, or economic status. In some contexts, for instance, there is
evidence that LGBTI people from ethnic minorities experience higher
levels of policing and are overrepresented in penal establishments.
They may also be discriminated against during court proceedings
and face additional challenges in accessing a lawyer and obtaining
pre-trial release. Monitoring bodies should therefore have a dynamic
and evolving understanding of the concept of vulnerability in order
to adequately comprehend situations of multiple vulnerabilities and
decipher how specific characteristics intersect with one another.
Report of the UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment
or punishment to the UN General Assembly, A/56/156, 3 July 2001, para.19.
Additional Principles and State Obligations on the Application of International Human Rights
Law in relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics
to complement the Yogyakarta Principles, as adopted on 10 November 2017, Geneva. The revision
of the Principles in 2017 led to the inclusion of the concepts of “gender expression” and “sex
characteristics” in their title.
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Chapter I
A Monitoring Guide
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