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violence and discrimination, in the year 2006 a group of leading human rights experts from diverse regions and backgrounds issued
a set of international human rights principles relating to sexual
orientation and gender identity, known as the “Yogyakarta Principles”. The Yogyakarta Principles provide authoritative interpretation
on how international human rights law applies to issues of sexual
orientation and gender identity. They were revised in 2017 to account for developments in international human rights law and emerging understandings of human rights violations affecting persons
of diverse sexual orientations and gender identities, as well as on
grounds of gender expression and sex characteristics. This resulting
set of complementary Additional Principles and State Obligations is
known as the “Yogyakarta Principles Plus 10”.
Because many of the Principles are relevant for LGBTI persons deprived of their liberty and because their formulation is unequivocally
premised upon and encapsulates State obligations stemming from
international human rights law—such as the right to freedom from
arbitrary deprivation of liberty (Principle 7), the right to treatment
with humanity while in detention (Principle 9), and the right to freedom from torture and cruel, inhuman or degrading treatment of
punishment (Principle 10)—they serve as central points of reference
and are quoted throughout this guide. As the Yogyakarta Principles
do not strictly comprise a new set of standards, but rather assemble
and offer clarifications on already-existing legal obligations, it may
be judicious for monitoring bodies in some instances - and in particular when making recommendations to authorities - to reference
the original sources of law, instead of or in addition to the Yogyakarta Principles.
The UN Human Rights Council adopted a resolution on “Human rights, sexual orientation and gender identity” for the first time in 2011
and subsequently in 201414, expressing “grave concerns at acts of
violence and discrimination, in all regions of the world, committed
against individuals because of their sexual orientation and gender
identity”, and requesting the OHCHR to produce studies “documen14
Resolution adopted by the Human Rights Council, Human rights, sexual orientation and gender
identity, A/HRC/RES/17/19, 14 July 2011, and Resolution adopted by the Human Rights Council,
Human rights, sexual orientation and gender identity, A/HRC/RES/27/32, 2 October 2014.
Chapter I
A Monitoring Guide
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