126 Towards the Effective Protection of LGBTI Persons Deprived of Liberty 2. Vulnerability screening upon arrival and diversion from detention Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity Principle 23. The Right to seek Asylum “Everyone has the right to seek and enjoy in other countries asylum from persecution, including persecution related to sexual orientation or gender identity. A State may not remove, expel or extradite a person to any State where that person may face a well-founded fear of torture, persecution, or any other form of cruel, inhuman or degrading treatment or punishment, on the basis of sexual orientation or gender identity. States shall: […] N Ensure that the detention of asylum seekers is avoided, and is only used as a measure of last resort and for the shortest possible time.” During immigration processes, screening procedures should be in place to identify individuals in situations of particular vulnerability, in order to ensure their protection and to divert them from detention, which should always be a last resort. However, many State policies apply “one-size-fits-all” immigration detention models, which do not take into consideration individual circumstances and special needs. Monitoring bodies should be aware that even if vulnerability screening procedures are in place, it may be difficult for LGBTI persons to disclose their sexual orientation or gender identity in a safe, voluntary, and dignified manner, particularly inside immigration detention facilities. It is essential that any disclosure of sexual orientation or gender identity is kept confidential unless decided otherwise by the person directly concerned. Any forced disclosure of a person’s sexual orientation or gender identity would not only infringe their right to privacy, but also on their right to be treated with dignity and humanity, by potentially exposing them to serious risks of abuse. Initial screenings should aim at identifying individual needs, but also thebest options available to the person concerned, particularly regarding housing. In its revised “Deliberation on the deprivation

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