A/56/156
incommunicado nature of their detention in a secret
place.
C. Torture and discrimination against
sexual minorities
17. For some years, the Special Rapporteur has
received information regarding a number of cases in
which the victims of torture and other cruel, inhuman
or degrading treatment or punishment have been
members of sexual minorities. He notes that a
considerable proportion of the incidents of torture
carried out against members of sexual minorities
suggests that they are often subjected to violence of a
sexual nature, such as rape or sexual assault in order to
“punish” them for transgressing gender barriers or for
challenging predominant conceptions of gender roles.
18. The Special Rapporteur has received information
according to which members of sexual minorities have
been subjected, inter alia, to harassment, humiliation
and verbal abuse relating to their real or perceived
sexual orientation or gender identity and physical
abuse, including rape and sexual assault.14 He notes
with concern that, according to the information
received, the rape of a man or of a male-to-female
transsexual woman is often subject to the lesser charge
of “sexual assault”, which carries lighter penalties than
the more serious crime of rape in a number of
countries. It is also reported that male-to-female
transsexual women have been beaten intentionally on
their breasts and cheek-bones which had been
enhanced by silicone implants, causing the implants to
burst and as a result releasing toxic substances into
their bodies. Ill-treatment against sexual minorities is
believed to have also been used, inter alia, in order to
make sex workers leave certain areas, in so-called
“social cleansing” campaigns, or to discourage sexual
minorities from meeting in certain places, including
clubs and bars.
19. While no relevant statistics are available to the
Special Rapporteur, it appears that members of sexual
minorities are disproportionately subjected to torture
and other forms of ill-treatment, because they fail to
conform to socially constructed gender expectations.
Indeed, discrimination on grounds of sexual orientation
or gender identity may often contribute to the process
of the dehumanization of the victim, which is often a
necessary condition for torture and ill-treatment to take
place. The Special Rapporteur further notes that
6
members of sexual minorities are a particularly
vulnerable group with respect to torture in various
contexts and that their status may also affect the
consequences of their ill-treatment in terms of their
access to complaint procedures or medical treatment in
state hospitals, where they may fear further
victimization, as well as in terms of legal consequences
regarding the legal sanctions flowing from certain
abuses. The Special Rapporteur would like to stress
that, because of their economic and educational
situation, allegedly often exacerbated or caused by
discriminatory laws and attitudes, members of sexual
minorities are deprived of the means to claim and
ensure the enforcement of their rights, including their
rights to legal representation and to obtain legal
remedies, such as compensation.
20. The Special Rapporteur is concerned that in a
number of countries laws punish consensual same-sex
relationships and transgendered behaviour by corporal
punishment which, as stated by the Commission on
Human Rights on several occasions, “can amount to
cruel, inhuman or degrading punishment or even to
torture”.15
21. Discriminatory attitudes to members of sexual
minorities can mean that they are perceived as less
credible by law enforcement agencies or not fully
entitled to an equal standard of protection, including
protection against violence carried out by non-State
agents. The Special Rapporteur has received
information according to which members of sexual
minorities, when arrested for other alleged offences or
when lodging a complaint of harassment by third
parties, have been subjected to further victimization by
the police, including verbal, physical and sexual
assault, including rape. Silencing through shame or the
threat by law enforcement officials to publicly disclose
the birth sex of the victim or his or her sexual
orientation (inter alia, to family members) may keep a
considerable number of victims from reporting abuses.
22. Furthermore, the Special Rapporteur has received
information according to which members of sexual
minorities have received inadequate medical treatment
in public hospitals — even after having been victims of
assault — on grounds of their gender identity. As
regards the provision of medical treatment, prisoners
diagnosed as suffering from gender dysphoria, once
detained, are often said to be denied medical treatment
for gender dysphoria, such as hormone therapy.
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