A Monitoring Guide
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margins of society and often unable to obtain citizenship cards,
they were systematically disenfranchised and unafforded the
protection of the law.
Monitoring checklist
Is there any indication that LGBT persons are arbitrarily targeted by the police? What are the alleged grounds for apprehension or arrest?
Are ambiguous legal grounds, such as those based on decency,
debauchery, or vagrancy, used to arrest LGBT individuals?
Is there any indication that police officers target specific establishments or public areas frequented by LGBT persons? If so,
what are the alleged reasons? Is data available?
Is there any indication that police officers use discriminatory
and abusive language when apprehending LGBT persons? Conversely, do police officers display the skills and attitudes needed to ensure that LGBT are not discriminated against or harmed when apprehended?
Do LGBT detainees have prompt access to lawyers following
arrest?
Chapter IV
Following a petition filed by the Nepalese NGO “Blue Diamond
Society”, the Supreme Court ruled in 2007 that the government
was obliged to recognize the gender identity of metis persons,
provide them all necessary documentation pertaining to this recognition, and take all necessary measures, including by enacting
specific anti-discrimination legislation, to protect all LGBTI people. Considered by activists as “the single most comprehensive
judgement affirming protections for gender identity anywhere in
the world”, the ruling led not only to the successful application
for citizenship cards under the category of “third gender” for several metis people, but reportedly also led to a decrease of up to
98% in police violence against members of this group.
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