relation to sexual orientation and gender identity. The Special Rapporteur fully endorses
the precepts of Principle 16, referring specifically to the right to education.89
67. The importance of the sexual diversity approach, which is linked to the gender
perspective, should be emphasized. Regrettably, few sexual education programmes
and curricula include this approach. The aforementioned Yogyakarta Principles are a
fundamental tool for inclusion of the diversity perspective in the public policies that have
to be taken into account in education.90
Special Rapporteur on Torture and other cruel, inhuman or degrading treatment
or punishment:
70. The Special Rapporteur notes that while the Rules recognize and address specific
needs of different categories of prisoners (such as women, juveniles, persons with
disabilities and foreign nationals), it fails to require the extension of special protection
measures to other disadvantaged groups of detainees or prisoners. It is essential that
the Rules adopt special measures aimed at protecting the rights of other disadvantaged
groups of prisoners, in accordance with well-established international standards and
norms (see UNODC/CCPCJ/EG.6/2012/2, p. 21). Special care must be taken to ensure
that segregating members of these groups does not further marginalize them from the
rest of the community or expose them to further risk of torture or ill-treatment (see, for
example, the Yogyakarta Principles on the Application of International Human Rights
Law in relation to Sexual Orientation and Gender Identity, principle 9 (a)).91
76.
The Yogyakarta Principles is more than a statement, the significant of the
principles in protecting and promoting the right of all people of diverse
gender identity and sexual orientation had been evident through the
reference made by the human rights mechanisms.92
The Yogyakarta Principles Plus 10
77.
Recently, a new set of principles on international human rights law relating to
sexual orientation, gender identity, gender expression and sex characteristics
(SOGIESC) was adopted on 10 November 2017 at Geneva with 33 signatories
of human rights expert called “The Yogyakarta Principles Plus 10 “– which
included additional principles and state obligations on the application of
international human rights law in relation to sexual orientation , gender identity,
gender expression and sex characteristics to complement the Yogyakarta
Principles. The Yogyakarta Principles Plus 10 consist of nine additional
Principles and 111 additional state obligation which include the right to state
89 A/65/162 at page 7 & 8
90 A/65/162 at page 17
91 A/68/295 at page 18
92 Asia Pacific Forum of National Human Rights Institutions and the United Nations Development
Programme. (June 2016). Promoting and Protecting Human Rights in relation to Sexual Orientation,
Gender identity and Sex Characteristics: A Manual for National Human Rights Institution. P. 131
36
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