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Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 67
- Paragraph text
- Adequate redress requires States to investigate, prosecute and punish perpetrators and inform the public of results. States must ensure that judicial procedures and rules of evidence are gender responsive; that equal weight is afforded to the testimony of women, girls, and lesbian, gay, bisexual, transgender and intersex persons; and that the introduction of discriminatory evidence and the harassment of victims and witnesses are strictly prohibited. The standards established by international courts should serve as an example for domestic courts to follow, for instance by implementing institutional gender-balance requirements and prohibiting the admission of evidence regarding the victims' prior sexual conduct in cases of sexual, domestic and other gender-based violence.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70o
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] When the detention of children with their mothers in prison is unavoidable,implement effective safeguards, including regular monitoring and review of every case to ensure that the children are never treated like prisoners; ensure that the full range of the children's needs, whether medical, physical, psychological or educational, including living conditions that are adequate for a child's development, are guaranteed in practice;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Children
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 38
- Paragraph text
- In the context of prioritizing informed consent as a critical element of a voluntary counselling, testing and treatment continuum, the Special Rapporteur on the right to health has also observed that special attention should be paid to vulnerable groups. Principles 17 and 18 of the Yogyakarta Principles, for instance, highlight the importance of safeguarding informed consent of sexual minorities. Health-care providers must be cognizant of, and adapt to, the specific needs of lesbian, gay, bisexual, transgender and intersex persons (A/64/272, para. 46). The Committee on Economic, Social and Cultural Rights has indicated that the International Covenant on Economic, Social and Cultural Rights proscribes any discrimination in access to health-care and the underlying determinants of health, as well as to means and entitlements for their procurement, on the grounds of sexual orientation and gender identity.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2013
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70f
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Provide for non-custodial means of protection, such as shelters and other community-based alternatives, and guarantee that the placement of women in detention centres for protection - only where necessary and expressly requested by the woman in question - will be temporary, subject to supervision and competent authorities and never continued against their will;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70d
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Review laws, criminal procedures and judicial practices to ensure that they take full account of women's backgrounds, including histories of prior abuse, mental health problems and substance abuse, and parental and other caretaker responsibilities in the allocation of sentences and sentence planning;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 35
- Paragraph text
- Lesbian, gay, bisexual and transgender detainees report higher rates of sexual, physical and psychological violence in detention than on the basis of sexual orientation and/or gender identity than the general prison population (CAT/C/CRI/CO/2). Violence against these persons in custodial settings, whether by police, other law enforcement authorities, prison staff or other prisoners, is prevalent (A/HRC/29/23). Fear of reprisals and a lack of trust in the complaints mechanisms frequently prevent lesbian, gay, bisexual and transgender persons in custody from reporting abuses. Their placement in solitary confinement or administrative segregation for their own "protection" can constitute an infringement on the prohibition of torture and ill-treatment. Authorities have a responsibility to take reasonable measures to prevent and combat violence against lesbian, gay, bisexual and transgender detainees by other detainees.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- LGBTQI+
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70n
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Consider the imprisonment of pregnant women and women with young children only when other alternatives are unavoidable or unsuitable; ensure that sentencing policies and practices respect the best interests of the child, including the need to maintain direct contact with mothers; assist female offenders with tools to carry out child-rearing responsibilities and make special provisions for mothers prior to admission to allow for alternative childcare arrangements; and allow children to maintain personal relations and direct contact with mothers in detention;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Girls
- LGBTQI+
- Women
- Youth
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70c
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Guarantee the right to effective assistance of counsel, including by means of a legal aid system, and the right to appeal decisions to a judicial or other competent independent authority, without discrimination;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70g
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure that male and female detainees are separated, including during transport; that female detainees are supervised and attended to only by female staff; and that escorts of female prisoners at least include female officers;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 73d
- Paragraph text
- [With regard to domestic and private-actor violence against women, girls, and lesbian, gay, bisexual, transgender and intersex persons, the Special Rapporteur calls upon States to:] Enact legislation that prohibits discrimination by public actors and private parties, including hate crime laws that sanction homophobic and transphobic violence; ensure that appropriate laws apply to all persons equally, regardless of real or perceived sexual orientation and gender identity; and implement effective complaint and enforcement procedures and systems for quantifying prohibited acts.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70w
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Set up operational protocols, codes of conduct, regulations and training modules for the ongoing monitoring and analysis of discrimination against women, girls, and lesbian, gay, bisexual and transgender persons with regard to access to all services and rehabilitation programmes in detention; and document, investigate, sanction and redress complaints of imbalance and direct or indirect discrimination in accessing services and complaint mechanisms;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70u
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Guarantee all transgender detainees the choice of being searched by male or female officers;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 38
- Paragraph text
- Adequate and effective complaint and oversight mechanisms are critical sources of protection for at-risk groups that experience abuses in detention. All too often proper safeguards are absent or lacking in independence and impartiality, while fear of reprisals and the stigma associated with reporting sexual violence and other humiliating practices discourage women, girls, and lesbian, gay, bisexual and transgender persons from reporting. In many cases, the vulnerability and isolation of women and girls is compounded by limited access to legal representation, inability to pay fees or bail as a result of poverty, dependence on male relatives for financial support and fewer family visits.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Violence
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 10
- Paragraph text
- States' obligations to prevent torture are indivisible, interrelated, and interdependent with the obligation to prevent other forms of ill-treatment. States have an obligation to prevent torture and ill-treatment whenever they exercise custody or control over individuals and where failure to intervene encourages and enhances the danger of privately inflicted harm (general comment No. 2). States fail in their duty to prevent torture and ill-treatment whenever their laws, policies or practices perpetuate harmful gender stereotypes in a manner that enables or authorizes, explicitly or implicitly, prohibited acts to be performed with impunity. States are complicit in violence against women and lesbian, gay, bisexual and transgender persons whenever they create and implement discriminatory laws that trap them in abusive circumstances (A/HRC/7/3).
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 69
- Paragraph text
- States must repeal all laws that support the discriminatory and patriarchal oppression of women, inter alia laws that exclude marital rape from the crime of rape or grant pardon to rapists who marry their victims and laws that criminalize adultery. In addition, States must decriminalize same-sex relationships between consenting adults and repeal all laws that criminalize persons on the basis of their actual or perceived sexual orientation or gender identity or expression. Comprehensive, coordinated policies and programmes to combat gender-based discrimination and violence, inclusive of gender-sensitive trainings of public officials and the implementation of public education and awareness campaigns, must be developed and implemented at all levels.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 60
- Paragraph text
- Women and girls tend to be at risk of honour violence or killing for engaging in sexual relations outside of marriage, choosing partners without their family's approval or behaving in other ways that are considered immoral; Lesbian, gay, bisexual, transgender and intersex persons are also targeted (A/HRC/29/23). Honour killings have been documented in South-East Asia, Europe, North America and the Middle East and affect 5,000-12,000 women each year. States' failure to prevent honour-based violence contravenes their obligations to combat and prevent torture and ill-treatment. This includes failure to grant asylum to persons facing the risk of honour violence in their countries of origin.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70a
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Fully and expeditiously implement the Bangkok Rules and establish appropriate gender-specific conditions of detention;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 47
- Paragraph text
- Incidents of abuse among prisoners, from subtle forms of harassment to intimidation and serious physical and sexual attacks, are a regular occurrence in all prisons. The Special Rapporteur observes that although Rule 28 (1) prohibits employing prisoners in a disciplinary capacity, in some States guards delegate the authority for maintaining discipline and protecting detainees from exploitation and violence to privileged detainees who, in turn, often use this power to their own benefit. In this context, special consideration should be given to the aggravated risk of violence that women and those from vulnerable groups, including persons with disabilities, people living with HIV/AIDS, drug-dependant individuals, lesbian, gay, bisexual, transgender and intersex persons and sex workers might suffer.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- LGBTQI+
- Persons with disabilities
- Women
- Année
- 2013
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 48
- Paragraph text
- Girls deprived of their liberty are at a heightened risk of sexual violence, sexual exploitation and underage pregnancies while in detention. The risk of sexual abuse is greater when male guards supervise girls in detention. Girls deprived of their liberty have different needs not only to those of adults but also of boys. Girls in detention are often not only children but also carers, either as mothers or as siblings, and have specific health, hygiene and sanitary needs. Across the globe, girls are rarely kept separately from women in pretrial and post-conviction settings (see A/HRC/16/52/Add.3, para. 54). Similarly, the Special Rapporteur notes that lesbian, gay, bisexual, transgender and intersex children are at a heightened risk.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Violence
- Personnes concernées
- Boys
- Children
- Girls
- LGBTQI+
- Women
- Année
- 2015
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 59
- Paragraph text
- Violence committed by family members against relatives in order to protect the family's "honour" is a common practice around the world. In some communities honour is equated with the regulation of female sexuality and with women's conformity with social norms and traditions. Women, girls, and lesbian, gay, bisexual, transgender and intersex persons are the most common victims of honour-based violence, which targets female sexuality and autonomy and individuals' actual or perceived sexual orientation and gender identity and expression (A/61/122/Add.1 and Corr.1).
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Harmful Practices
- Social & Cultural Rights
- Violence
- Personnes concernées
- Families
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70r
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] In the context of administrative enforcement of immigration policies, ensure that detention is used only as a last resort and in exceptional circumstances; and comply with the absolute prohibition of refoulement at all times, with special attention to prospective situations of gender-based discrimination and violence that women, girls, and lesbian, gay, bisexual, transgender and intersex persons may face;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70x
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Monitor and supervise all places of detention in a gender-sensitive manner and ensure that allegations of abuse are effectively investigated and perpetrators brought to justice; and ensure the availability of adequate, speedy and confidential complaint mechanisms in all places of detention;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70z
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Undertake specific training and capacity-building programmes designed to sensitize law enforcement authorities and detention facility staff to the specific circumstances and unique needs of female and lesbian, gay, bisexual and transgender prisoners and standards such as the Bangkok Rules.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70k
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Account for women's gender-specific health-care needs and provide individualized primary and specialist care, including comprehensive and detailed screenings and prerelease preparations, in a holistic and humane manner, in line with the Bangkok Rules; provide preventive and gender-sensitive care designed to safeguard women's privacy and dignity, including as regards mental health, sexual and reproductive health, HIV prevention and treatment and substance abuse treatment and rehabilitation programmes; and ensure that female detainees are examined and treated by female health-care professionals if they so request, except in emergency situations, when female staff should be present;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 48
- Paragraph text
- Lesbian, gay, bisexual, transgender and intersex persons are frequently denied medical treatment and subjected to verbal abuse and public humiliation, psychiatric evaluations, forced procedures such as sterilization, "conversion" therapy, hormone therapy and genital-normalizing surgeries under the guise of "reparative therapies". These procedures are rarely, if ever, medically necessary, lead to severe and life-long physical and mental pain and suffering and can amount to torture and ill-treatment (A/HRC/22/53). The criminalization of same-sex relationships and pervasive discrimination against lesbian, gay, bisexual, transgender and intersex persons lead to the denial of health care, information and related services, including the denial of HIV care, in clear violation of international human rights standards such as the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 49
- Paragraph text
- Transgender persons often face difficulties in accessing appropriate health care, including discrimination on the part of health-care workers and a lack of knowledge about or sensitivity to their needs. In most States they are refused legal recognition of their preferred gender, which leads to grave consequences for the enjoyment of their human rights, including obstacles to accessing education, employment, health care and other essential services. In States that permit the modification of gender markers on identity documents abusive requirements can be imposed, such as forced or otherwise involuntary gender reassignment surgery, sterilization or other coercive medical procedures (A/HRC/29/23). Even in places with no legislative requirement, enforced sterilization of individuals seeking gender reassignment is common. These practices are rooted in discrimination on the basis of sexual orientation and gender identity, violate the rights to physical integrity and self-determination of individuals and amount to ill-treatment or torture.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70e
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Divert women and girls away from the criminal justice system and towards appropriate services and programmes, whenever appropriate, and implement alternatives to detention such as absolute or conditional discharge, verbal sanctions, arbitrated settlements, restitution to the victim or a compensation order, community service orders, victim-offender mediation, family group conferences, sentencing circles, drug rehabilitation programmes and other restorative processes, services and programmes;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Gender
- Governance & Rule of Law
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 78
- Paragraph text
- In many countries transgender persons are required to undergo often unwanted sterilization surgeries as a prerequisite to enjoy legal recognition of their preferred gender. In Europe, 29 States require sterilization procedures to recognize the legal gender of transgender persons. In 11 States where there is no legislation regulating legal recognition of gender, enforced sterilization is still practised. As at 2008, in the United States of America, 20 states required a transgender person to undergo "gender-confirming surgery" or "gender reassignment surgery" before being able to change their legal sex. In Canada, only the province of Ontario does not enforce "transsexual surgery" in order to rectify the recorded sex on birth certificates. Some domestic courts have found that not only does enforced surgery result in permanent sterility and irreversible changes to the body, and interfere in family and reproductive life, it also amounts to a severe and irreversible intrusion into a person's physical integrity. In 2012, the Swedish Administrative Court of Appeals ruled that a forced sterilization requirement to intrude into someone's physical integrity could not be seen as voluntary. In 2011, the Constitutional Court in Germany ruled that the requirement of gender reassignment surgery violated the right to physical integrity and self-determination. In 2009, the Austrian Administrative High Court also held that mandatory gender reassignment, as a condition for legal recognition of gender identity, was unlawful. In 2009, the former Commissioner for Human Rights of the Council of Europe observed that "[the involuntary sterilization] requirements clearly run counter to the respect for the physical integrity of the person".
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Harmful Practices
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2013
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 73b
- Paragraph text
- [With regard to domestic and private-actor violence against women, girls, and lesbian, gay, bisexual, transgender and intersex persons, the Special Rapporteur calls upon States to:] Dismantle legal and practical barriers to initiating legal proceedings and reform judicial systems and procedures to permit women to obtain protective measures, including, inter alia, restraining and protective orders, witness protection programmes and other measures designed to combat harassment and retaliation;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Violence
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Solitary confinement 2011, para. 42
- Paragraph text
- Solitary confinement is also used to separate vulnerable individuals, including juveniles, persons with disabilities, and lesbian, gay, bisexual and transgender persons, for their own protection. They may be placed in solitary confinement at their own request or at the discretion of prison officials.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- LGBTQI+
- Persons with disabilities
- Année
- 2011
Paragraphe