A Monitoring Guide 57 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 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. D Put protective measures in place for all prisoners vulnerable to vio- lence or abuse on the basis of their sexual orientation, gender identity or gender expression and ensure, so far as is reasonably practicable, that such protective measures involve no greater restriction of their rights than is experienced by the general prison population.” 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: […] F Ensure that law enforcement officers and other individuals and groups are held accountable for any act of violence, intimidation or abuse based on the criminalisation of sexual orientation, gender identity, gender expression and sex characteristics.” The specific and exacerbated exposure of LGBTI detainees to violence stems from stigmatisation and discriminatory attitudes that are magnified in closed environments. Violence against LGBTI detainees can take many forms and may include bullying, harassment, verbal or psychological violence, exploitation, as well as physical and sexual violence, including rape. LGBTI detainees are among the persons most exposed to sexual and gender-based violence, which can include, in addition to rape and threat of rape, improper tou- Chapter III States shall: […]

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