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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
Monitoring checklist
What is the facility’s policy on visits? Are there any discriminatory
provisions on the basis of sexual orientation or gender identity?
Does the practice reflect the policy/legislation?
Is there any indication that LGBTI detainees refuse to exercise
their rights to visits? If so, what are the reasons for such refusals?
If intimate/conjugal visits are granted to detainees, is there any
indication that same-sex and/or trans partners are discriminated against in terms of access?
Is there any indication that informal hierarchies among detainees prevent LGBTI persons deprived of their liberty from accessing intimate/conjugal visits?
Where LGBTI detainees are entitled to intimate/conjugal visits,
do they receive information about STIs and other infectious
diseases, as well as condoms or other prophylactics? Does the
provision of such information/contraception take into account
the specific needs of lesbians and trans men?
5. Arbitrary sanctions for manifesting different sexual orientations
or expressing one’s gender identity
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: […]
H Adopt and implement policies to combat violence, discrimination
and other harm on grounds of sexual orientation, gender identity, gen-
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