A Monitoring Guide
57
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
Principle 9. The Right to Treatment with
Humanity while in Detention
“Everyone deprived of liberty shall be treated with humanity and with
respect for the inherent dignity of the human person. Sexual orientation
and gender identity are integral to each person’s dignity.
D Put protective measures in place for all prisoners vulnerable to vio-
lence or abuse on the basis of their sexual orientation, gender identity or gender expression and ensure, so far as is reasonably practicable, that such protective measures involve no greater restriction
of their rights than is experienced by the general prison population.”
Principle 33. The Right to Freedom from
Criminalisation and Sanction
“Everyone has the right to be free from criminalisation and any form
of sanction arising directly or indirectly from that person’s actual or
perceived sexual orientation, gender identity, gender expression or sex
characteristics.
States shall: […]
F Ensure that law enforcement officers and other individuals and
groups are held accountable for any act of violence, intimidation
or abuse based on the criminalisation of sexual orientation, gender
identity, gender expression and sex characteristics.”
The specific and exacerbated exposure of LGBTI detainees to violence stems from stigmatisation and discriminatory attitudes that
are magnified in closed environments. Violence against LGBTI detainees can take many forms and may include bullying, harassment,
verbal or psychological violence, exploitation, as well as physical
and sexual violence, including rape. LGBTI detainees are among the
persons most exposed to sexual and gender-based violence, which
can include, in addition to rape and threat of rape, improper tou-
Chapter III
States shall: […]
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