A Monitoring Guide
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LGBTI detainees are exposed to the risk of being subject to arbitrary
and discriminatory disciplinary measures because of their sexual
orientation or gender identity or expression. In particular, open displays of affection – such as hand holding, kissing, or embracing –
can be considered to constitute violations of internal rules on good
order and discipline, including severe breaches of internal regulations. Some prison officials may consider that such displays amount
to a “breach of moral standards”, “indecent language, act or gesture”, or even “exhibitionism”, particularly during family visits and/or
in the presence of children. In some contexts, the mere expression
of sexual orientation or gender identity, including physical appearance and behaviors, can be sanctioned on the same grounds. Internal prison rules sometimes include discriminatory provisions, such
as forced haircuts for trans women, or the prohibition of certain clothing and accessories for both trans women and trans men, which
are often justified by prison authorities on grounds of hygiene, good
order, or security. However, allowing trans detainees to wear their
own clothes, and allowing gender-oriented items (including garments, accessories, and make-up) is essential to ensuring that they
are able to live in the gender with which they identify. Access to such
items should not be dependent on medical certification.
Lesbians and trans men are reported to be particularly exposed
to discriminatory disciplinary sanctions. Common measures include the physical separation of detainees considered to be in a
relationship, either by transferring them to different units or establishments, or by placing them in solitary confinement, including
in punishment cells, sometimes for long periods of time. LGBTI detainees are therefore at risk of being placed in prolonged solitary
confinement. The SPT considers that placing a detainee in a punishment cell for the mere display of affection towards a person of the
same gender constitutes inhuman and degrading treatment70. Other
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SPT, Visita al Perú del 10 al 20 de septiembre de 2013: observaciones y recomendaciones dirigidas
al Perú, para. 82.
Chapter III
der expression or sex characteristics faced by persons who are deprived
of their liberty, including with respect to such issues as placement, body
or other searches, items to express gender, access to and continuation
of gender affirming treatment and medical care, and “protective” solitary confinement.”
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