A Monitoring Guide
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and effects? Does it mandate that detainees’ consent is to be
sought prior to searches?
Can trans and/or intersex detainees choose the gender of the
staff conducting the body search?
How are searches of trans and/or intersex detainees conducted
in practice?
Are prison staff trained on how to conduct searches in a nondiscriminatory manner, in particular as regards trans and
intersex detainees?
4. The right to visits (including intimate visits)
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: […]
E
Ensure that conjugal visits, where permitted, are granted on an
equal basis to all prisoners and detainees, regardless of the gender
of their partner.”
Contact with the outside world, and in particular with relatives and
close friends, is a fundamental right that can only be limited under
certain conditions. It is a crucial component of a detainee’s resocialisation and preparation for reintegration into society upon release. The right to family visits should not be curtailed on discriminatory grounds and the terms “family” and “spouse/partner” should
Chapter III
Are LGBTI visitors, and in particular trans persons, discriminated
or harassed when being searched upon entry to the prison?
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