Key Activities
H. Discrimination Based on Sexual Orientation
Discrimination and human rights violations against transgender inmates
On March 20, the Commission recommended the Minister of Justice to conduct a survey
of the conditions and treatment facing sexual minorities in prison, and to develop a plan to
ensure enforcement of Article 39 (treatment of sexual minorities) of the Standard Guidelines for
Correction. It also recommended the director of a detention center to educate the staff to be more
sensitive to transgender rights.
The detention center was aware that the petitioner, a transgender who had a female-to-male
surgery, had the breast removed and begun hormonal therapy. During counseling, the petitioner
had complained of health problems since hormonal therapy was stopped. Though the associated
side-effects were sufficiently predictable, no necessary medical treatment was given to the
petitioner. Also, the center failed to consider sexual minority characteristics in assigning the
petitioner to a female prison cell and issuing underwear and clothing for women.
The Commission concluded that the treatment of the petitioner by the detention center was
due to a lack of understanding from the perspective of sexual minority rights. And because the
center in question is unlikely to be the only detention center having this problem, the Commission
advised the Ministry of Justice to conduct a survey of all correctional facilities in the nation and
see if the dignity and fundamental rights of transgender prisoners are respected in every aspect of
prison life, from prison cell placement, medical treatment, to undergarment choice and bath, and to
come up with a general improvement plan.
Discrimination in facility use for reason of sexual orientation
On April 10, the Commission recommended a district office and the local facilities management
corporation to ensure that prospective facility users are not denied space rental for reason of sexual
orientation. It also recommended the corporation to train the staff for increased awareness of
sexual minorities.
The corporation argued that the space request was approved because the officer in charge
was not aware of a ceiling repair work that was scheduled on the same day, and the request was
cancelled only after the officer became aware of the scheduled work. The district office argued that
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