A Monitoring Guide
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punishable conducts. The Regulation specifically prohibits transfers to
other cells, units, or establishments on the basis of the sexual orientation or gender identity of LGBTI detainees and their partners. Finally,
sanctions arising from the fact of a detainee’s relationship with a person
from the same cell are also prohibited (Art. 149).
Do internal rules or policies include discriminatory provisions
against LGBTI detainees for open displays of affection (hand
holding, kissing, etc.)? Are these rules and policies applied
in practice?
If so, what are the disciplinary measures foreseen? How are
such measures recorded in the registers?
Are sanctions that are not contemplated in rules or policies
applied against LGBTI detainees?
Are expressions of gender identity, including physical appearance and behaviors, sanctioned by internal rules?
If so, what are the disciplinary measures foreseen? How are
such measures recorded in the registers?
Is there any indication that medical treatment, including hormone therapy, is withheld (including as a disciplinary sanction
or as a form of punishment)?
Are same-sex relationships prohibited by internal rules or policies? If so, what are the disciplinary measures foreseen? If
not, is there evidence that detainees engaged in a relationship
are discriminated against/sanctioned?
Are same-sex partners allowed to/prohibited from sharing
a cell?
Is there indication that LGBTI detainees are informally sanctioned by fellow inmates on discriminatory grounds for not
performing their expected gender?
Chapter III
Monitoring checklist
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