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NHRIs, or Ombuds institutions — given their ability to act as bridges
between civil society, public authorities, political establishments,
and regional and international institutions — can serve as catalysts
for legal change processes leading to decriminalisation. Monitoring
bodies may additionally contribute to the adoption of laws and policies that eliminate discrimination.
Although de-criminalisation is a necessary precondition to ensuring
the protection of LGBT people from torture and other ill-treatment,
it must be stressed that discrimination and violence against LGBT
persons deprived of their liberty also take place in contexts where
homosexuality and diverse gender identities and expressions are
not criminalised.
4. Forced “conversion therapies”
Yogyakarta Principles on the Application of International Human Rights
Law in Relation to Sexual Orientation and Gender Identity (YP + 10)
Principle 10: The Right to Freedom from Torture and Cruel,
Inhuman or Degrading Treatment or Punishment “Sates shall: […]
I
Prohibit any practice, and repeal any laws and policies, allowing
intrusive and irreversible treatments on the basis of sexual orientation, gender identity, gender expression or sex characteristics,
including forced genital-normalising surgery, involuntary sterilisation, unethical experimentation, medical display, “reparative” or
“conversion” therapies, when enforced or administered without the
free, prior, and informed consent of the person concerned.”
In some countries25, LGBT persons may be forced to undergo so-called “conversion therapies”, often as a result of intense coercion and
family pressure or threats. “Conversion therapies” are grounded in
the belief that being LGBT is “abnormal,” and consist of psychiatric,
psychological, or other medical “treatment” with the intent to change individuals’ sexual orientation or gender identity.
Several UN entities, including the World Health Organisation (WHO),
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Including China, Iran, Ecuador, Malaysia, and the United States.
Chapter I
A Monitoring Guide
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