THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT 4.68 Principle 9138 of the Yogyakarta Principles139 states that “everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Sexual orientation and gender identity are integral to each person’s dignity”. 4.69 Although the number of prisoners with gender dysphoria are low and likely to remain so, the Commission notes that these particular prisoners are at substantially high risk of assault and/or self-harm. The Commission observes that there is no standardised policy concerning the placement of transgender persons in prisons. As it stands, decisions over whether to send a prisoner to male or female prisons depend on their legally recognised gender, which is determined through their birth certificate or Identity Card. However, the Commission notes that sometimes, prisons exercise local discretion on the placement of such prisoners given that these situations are complex and sensitive. 4.70 In this regard, the Commission notes the feedback provided by the Prisons Department in that the opinion of medical officers are sought to determine the placement of prisoners with gender dysphoria. 4.71 The Commission observed and notes that at present, persons with gender dysphoria have been sent to prisons housing people of a different gender (as prisoners must be housed according to their gender as recognised under Malaysian law.) Further, the Commission observed that prisoners with gender dysphoria have been placed in solitary simply because the The Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender IdentityPRINCIPLE 9: THE RIGHT TO TREATMENT WITH HUMANITY WHILE IN DETENTION Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Sexual orientation and gender identity are integral to each person’s dignity. 138 STATES SHALL: A. Ensure that placement in detention avoids further marginalising persons on the basis of sexual orientation or gender identity or subjecting them to risk of violence, ill-treatment or physical, mental or sexual abuse; B. Provide adequate access to medical care and counselling appropriate to the needs of those in custody, recognising any particular needs of persons on the basis of their sexual orientation or gender identity, including with regard to reproductive health, access to HIV/AIDS information and therapy and access to hormonal or other therapy as well as to genderreassignment treatments where desired; C. Ensure, to the extent possible, that all prisoners participate in decisions regarding the place of detention appropriate to their sexual orientation and gender identity; D. Put protective measures in place for all prisoners vulnerable to violence or abuse on the basis of their sexual orientation, gender identity or gender expression and ensure, so far as is reasonably practicable, that such protective measures involve no greater restriction of their rights than is experienced by the general prison population; E. Ensure that conjugal visits, where permitted, are granted on an equal basis to all prisoners and detainees, regardless of the gender of their partner; F. Provide for the independent monitoring of detention facilities by the State as well as by nongovernmental organizations including organizations working in the spheres of sexual orientation and gender identity; G. Undertake programmes of training and awareness-raising for prison personnel and all other officials in the public and private sector who are engaged in detention facilities, regarding international human rights standards and principles of equality and non-discrimination, including in relation to sexual orientation and gender identity. 139 http://www.yogyakartaprinciples.org/principles_en.htm accessed on 23/2/16 80