THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
4.66 Although there are no special rules that apply to prisoners with gender
dysphoria, all provisions included in the Universal Declaration of Human
Rights (UDHR), International Covenant on Civil and Political Rights
(ICCPR), United Nations Convention against Torture and other Cruel,
Inhuman or Degrading Treatment of Punishment (CAT), the United Nations
Standard Minimum Rules for the Treatment of Prisoners and the Body of
Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment apply to all prisoners equally and without discrimination.
Furthermore, the principle of equal treatment protected in these instruments
requires positive steps to be taken to remove any form of discrimination or
risks faced by vulnerable prisoners such as transgender prisoners.
Universal Declaration of Human Rights:
Article 2 - Everyone is entitled to all the rights and freedoms set forth in this
Declaration without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.
International Covenant on Civil and Political Rights:
Article 17 –
(1) No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation.
(2) Everyone has the right to the protection of the law against such interference
or attacks.
4.67 In 2006, in response to well-documented patterns of abuse, several
international human rights experts met in Yogyakarta, Indonesia to outline
a set of international principles relating to sexual orientation and gender
identity known as the Yogyakarta Principles.
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