A Monitoring Guide
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Do detainees use and trust complaint mechanisms, particularly when incidents relate to their sexual orientation or gender
identity?
Once incidents have been recorded, what mechanism is in place for handling the victim, including medical and psychological
care? In case of sexual violence, what measures are taken?
Is data available regarding the specific exposure to violence
and discrimination by LGBTI detainees?
2. Allocation and detention regime
Yogyakarta Principles on the Application of International Human
Rights Law in Relation to Sexual Orientation and Gender Identity
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:
A
Ensure that placement in detention avoids further marginalising
persons on the basis of sexual orientation or gender identity or
subjecting them to risk of violence, ill-treatment or physical, mental or sexual abuse; […]
B
Ensure, to the extent possible, that all prisoners participate in decisions regarding the place of detention appropriate to their sexual orientation and gender identity;
C
Put protective measures in place for all prisoners vulnerable to
violence or abuse on the basis of their sexual orientation, gender
Chapter III
Are allegations of sexual abuse or sexual harassment thoroughly investigated? If so, what are the outcomes of such investigations?
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