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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
portant that the latter understand the specific healthcare needs of
LGBTI detainees, and specifically of trans and intersex persons. External service providers should also be expected to have a basic
understanding of human rights and regarding sexual orientation,
gender identity and expression, and sex characteristics.
Monitoring bodies can play an important role in assessing existing curricula (and, if relevant, the way in which training sessions
are conducted) and in recommending, whenever appropriate, the
inclusion of specific modules on sexual orientation, gender identity and expression, and sex characteristics, while ensuring that
organisations specialised in LGBTI rights are also involved in
these efforts.
Good practice
Component on sexual orientation and gender identity
as part of regular training for prison staff
In Brazil, a joint resolution issued in 2014 by the National Council
against Discrimination and the Presidency of the Republic urges prison
authorities to ensure “on-going training to professionals of prison establishments on human rights and the principles of equality and nondiscrimination, including with regards to sexual orientation and gender
identity” (Art. 10).
In Chile, following acts of discrimination and mistreatment against a
trans woman deprived of her liberty – including being forced to stand
naked in front of other inmates, being searched by male officers, having
her underwear purposely destroyed, and being mocked by the staff – the
regional Court of Iquique ruled that the relevant training center would
be required to train prison staff on issues related to “gender identity,
sexual orientation and gender expression”. In its ruling, the Court noted that prison officials “did not treat [the trans woman] in conformity with her gender identity, by confusing her gender expression with
the existence of male genitalia, as well as confusing the due respect
for her gender identity with the absence of proceedings to rectify her
birth certificate.”
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