A Monitoring Guide 75 3. Body searches 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. H Adopt and implement policies to combat violence, discrimination and other harm on grounds of sexual orientation, gender identity, gender expression or sex characteristics faced by persons who are deprived of their liberty, including with respect to such issues as […] body or other searches […].” Body searches are moments when abuses are likely to occur, and in particular for LGBTI detainees. As body searches might imply nudity and physical contact, they magnify the risks of humiliation, discrimination, and abuse. As noted by the Special Rapporteur on Torture, “humiliating and invasive body searches may constitute torture or ill-treatment, particularly for transgender detainees61”. For this reason, body searches should always be conducted in accordance with the principles of legality, necessity, and proportionality; they should be intelligence-led and always conducted with the sole purpose of ensuring order and security. Intrusive searches – such as body cavity searches – should be performed only as a matter of last resort, and exclusively by healthcare personnel who are not the treating physicians. Alternatives to body searches – such as metal detectors or millimeter wave scanners – should always be sought. When searches are unavoidable, they should always be performed in two steps (first above, then below the waist), to avoid full nudity. In practice, LGBTI 61 Report of the UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment to the UN Human Rights Council, A/HRC/31/57, 24 February 2016, para. 36. Chapter III States shall: […]