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.
States shall: […]
J Provide for effective oversight of detention facilities, both with re-
gard to public and private custodial care, with a view to ensuring the
safety and security of all persons, and addressing the specific vulnerabilities associated with sexual orientation, gender identity, gender
expression and sex characteristics.”
In a report on the applicability of the prohibition of torture to the
unique experiences of women, girls, and LGBTI persons, the UN Special Rapporteur on Torture called for the application of a “gendered and intersectional lens” to adequately account for the harmful
“impact of entrenched discrimination, patriarchal, heteronormative
and discriminatory power structures and socialized gender stereotypes32”. Monitoring bodies ought to apply such a lens to their work.
They may need to seek out and acquire the specific knowledge needed to facilitate a better understanding of the risks faced by LGBTI
persons in detention settings and of ways to address their specific
needs in a sensitive manner. This may involve a need to reconsi32
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment to the Human Rights Council, A/HRC/31/57, 5 January 2016, para. 5, p. 3.
Chapter II
Yogyakarta Principles on the Application of International Human Rights
Law in Relation to Sexual Orientation and Gender Identity
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