INTRODUCTION Introduction In April 2013, Ban Ki-moon, the Secretary-General of the United Nations, delivered a memorable speech during the Oslo Conference on Human Rights, Sexual Orientation and Gender Identity. He strongly condemned all attacks against sexual minorities and called for a paradigm shift in States’ and peoples’ attitude towards this specific group: ‘We should all be outraged when people suffer discrimination, assault and even murder – simply because they are lesbian, gay, bisexual or transgender. We should all speak out when someone is arrested and imprisoned because of who they love or how they look. This is one of the great, neglected human rights challenges of our time. We must right these wrongs. […] Some will oppose change. They may invoke culture, tradition or religion to defend the status quo. Such arguments have been used to try to justify slavery, child marriage, rape in marriage and female genital mutilation. I respect culture, tradition and religion – but they can never justify the denial of basic rights.’1 Although powerful and supportive of sexual minorities worldwide, the Secretary-General’s words demonstrate that LGBTI22 persons have historically faced and keep facing discrimination and violence in many aspects of their existence. Culture, tradition and religion continue to be used to justify the denial of basic rights in a significant number of countries. Some national laws provide for a specific protection to LGBTI persons against discrimination and violence as well as the entitlement to the same rights as other citizens, but others do not grant any specific protection or even criminalise behaviours that do not correspond to hetero-normativity.3 At the international level, conventions have so far failed to explicitly provide protection to persons from sexual minorities, and there is no universal consensus regarding the status of LGBTI persons. However, several United Nations human rights mechanisms, including key Treaty Bodies and Special Procedures, have affirmed states’ obligation to ensure protection from discrimination on the basis of sexual orientation and gender identity. The High Commissioner for Human Rights has also published a report dedicated to the issue of discriminatory laws, practices and acts of violence against persons from sexual minorities.4 In a joint statement to the Human Rights Council on 10 June 2013, 29 national human rights institutions (NHRIs) with ‘A-status’ from around the world called for action to address violations against LGBTI persons and for the establishment of an ‘appropriate mechanism to study, document and report to the Human Rights Council human rights violations, barriers and challenges on the basis of sexual orientation, gender identity and for intersex persons’.5 Human rights principles protecting sexual minorities were established in November 2006 by a group of human rights experts:6 the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity7 (the ‘Yogyakarta Principles’). LGBTI persons in detention – or persons perceived as belonging to this group – are in a situation of particular vulnerability, at risk of human rights violations and abuses – including by fellow detainee – throughout the entire 1. ‘Culture, Religion, Tradition Can Never Justify Denial of Rights, Secretary-General Stresses in Message to Conference on Sexual Orientation, Gender Identity’, UN Department of Public Information, 15 April 2013. Available at: www.un.org/News/Press/docs/2013/sgsm14944.doc.htm <accessed 7 October 2013>. 2. LGBTI is an acronym standing for Lesbian, Gay, Bisexual, Transgender and Intersex persons. Sexual minorities are understood in this document as a synonym of LGBTI. 3. Hetero-normativity presumes that heterosexuality is the norm, and states that sexual and marital relations are only appropriate between a man and a woman. See Warner, Michael, Fear of a Queer Planet: Queer Politics and Social Theory, University of Minnesota Press, 1993. 4. UN Human Rights Council, Report of the United Nations High Commissioner for Human Rights: Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, 17 November 2011, A/HRC/19/41. 5. Joint NHRI statement to the UN Human Rights Council on discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, 10 June 2013. Available at: https://www.humanrights.gov.au/joint-nhri-statement-human-rights-council-sexualorientation-and- gender-identity <accessed 7 October 2013>. 6. Signatories include: Manfred Nowak (Austria), former UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Mary Robinson (Ireland), former United Nations High Commissioner for Human Rights; Martin Scheinin (Finland), UN Special Rapporteur on human rights and counter-terrorism and other eminent experts from all regions. For a complete list see: www.yogyakartaprinciples.org/principles_ en.htm 7. www.yogyakartaprinciples.org 2 | Penal Reform International | LGBTI persons deprived of their liberty: a framework for preventive monitoring

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