27 nees in particular (as is the case for other groups in situations of vulnerability in detention, such as female offenders or juveniles19). However, the revised UN Standard Minimum Rules for the Treatment of Prisoners (known as the “Nelson Mandela Rules”), while not expressly referring to LGBTI detainees, contain a new rule emphasising the principle of non-discrimination and its practical implications, by stating that the “prison authorities shall take account of the individual needs of prisoners, in particular the most vulnerable categories in prison settings. Measures to protect and promote the rights of prisoners with special needs are required and shall not be regarded as discriminatory” (Rule 2). This new rule is essential in the context of this guide, as it establishes that ensuring substantive equality and meeting detainees’ special needs may require additional measures for specific groups of detainees who are in situations of vulnerability, including LGBTI persons. 3. Criminalisation20 and its causal link with torture and other ill-treatment Additional Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics to Complement the Yogyakarta Principles Principle 33: The Right to Freedom from Criminalisation and Sanction “Everyone has the right to be free from criminalisation and any form of sanction arising directly or indirectly from that person’s actual or perceived sexual orientation, gender identity, gender expression or sex characteristics. States shall: A Ensure that legal provisions, including in customary, religious and 19 See in particular the UN Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the “Bangkok Rules”), the UN Standards Minimum Rules for the Administration of Juvenile Justice (the “Beijing Rules”), or the UN Rules for the Protection of Juveniles Deprived of their Liberty (the “Havana Rules”). 20 Because intersex conditions are not as such criminalized, it is particularly important to dissociate intersex people from the LGBT acronym in discussions around de-criminalisation, in order to avoid conflation and possible backlash against this population. Chapter I A Monitoring Guide