A Monitoring Guide 83 LGBTI detainees are exposed to the risk of being subject to arbitrary and discriminatory disciplinary measures because of their sexual orientation or gender identity or expression. In particular, open displays of affection – such as hand holding, kissing, or embracing – can be considered to constitute violations of internal rules on good order and discipline, including severe breaches of internal regulations. Some prison officials may consider that such displays amount to a “breach of moral standards”, “indecent language, act or gesture”, or even “exhibitionism”, particularly during family visits and/or in the presence of children. In some contexts, the mere expression of sexual orientation or gender identity, including physical appearance and behaviors, can be sanctioned on the same grounds. Internal prison rules sometimes include discriminatory provisions, such as forced haircuts for trans women, or the prohibition of certain clothing and accessories for both trans women and trans men, which are often justified by prison authorities on grounds of hygiene, good order, or security. However, allowing trans detainees to wear their own clothes, and allowing gender-oriented items (including garments, accessories, and make-up) is essential to ensuring that they are able to live in the gender with which they identify. Access to such items should not be dependent on medical certification. Lesbians and trans men are reported to be particularly exposed to discriminatory disciplinary sanctions. Common measures include the physical separation of detainees considered to be in a relationship, either by transferring them to different units or establishments, or by placing them in solitary confinement, including in punishment cells, sometimes for long periods of time. LGBTI detainees are therefore at risk of being placed in prolonged solitary confinement. The SPT considers that placing a detainee in a punishment cell for the mere display of affection towards a person of the same gender constitutes inhuman and degrading treatment70. Other 70 SPT, Visita al Perú del 10 al 20 de septiembre de 2013: observaciones y recomendaciones dirigidas al Perú, para. 82. Chapter III der expression or sex characteristics faced by persons who are deprived of their liberty, including with respect to such issues as placement, body or other searches, items to express gender, access to and continuation of gender affirming treatment and medical care, and “protective” solitary confinement.”

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