Part of our Everyday Work NHRI Guidelines for Mainstreaming SOGISC Work
EXAMPLES
Late in 2014, the Human Rights Commission of Malaysia (SUHAKAM) adopted the right to health
in prison as one out of its two thematic priorities. SUHAKAM has established a monitoring program,
including making visits to prisons and places of detention. This has included examining the treatment of
transgender people in detention.
For the 2017 International Day Against Homophobia and Transphobia, the Commission on Human
Rights of the Philippines reached out to lesbians and trans men in detention.
POSSIBLE ACTIONS
18. Ensure that all NHRI monitoring activities include a specific focus on the human rights of LGBTI
people, including, for example, in projects on trafficking, access to justice, health, housing,
education and poverty reduction.37
19. Ensure that reports to international human rights mechanisms include specific discussion of the
particular human rights situations of LGBTI people.
20. Undertake special monitoring projects, in conjunction with LGB, T and I organisations, on the
experience of human rights violations and discrimination on the basis of SOGISC, including the
collection of disaggregated data on perpetrators, victims and impact of such violence.38
21. Identify and monitor the specific circumstances of LGBTI people in detention or in restricted
residence, including prisons, remand centres, police cells, hospitals, children’s homes and
schools, looking in particular at actual or potential assaults, discriminatory and abusive treatment,
the appropriateness of assignment to gender-specific facilities, adequate access to appropriate
health care services and protection of personal privacy.39
22. Develop guidelines on best practices for LGBTI people in these and other kinds of places of
detention and restricted residence, based on South-South exchanges.40
4.4. COMPLAINT HANDLING
All NHRIs in the Asia Pacific region have “quasi-judicial” or conciliation responsibilities to receive,
investigate and resolve human rights complaints.41 Some NHRIs have developed resources explaining
how their complaints process can be used to address the types of human rights violations experienced
by LGBTI people. Others track the number of SO, GI and SC complaints, including outcomes achieved.
Complaints forms will be more accessible to trans and intersex people if they enable complainants to
specify what name and gender marker they wish to have recorded, whether or not those details match
their official identification documents.
EXAMPLES
Due to the difficulties that hijras and LGBTI people face in knowing their rights and how to lodge
complaints, in 2015 the National Human Rights Commission of Bangladesh (JAMAKON) produced
a manual for gender and sexual minorities. It describes the types of human rights violations that LGBTI
people may experience, that they can bring to the Commission. These included police physically or
sexually assaulting LGBTI people, a hospital refusing to treat a hijra, police arresting a man who looks
feminine, or a landlord evicting someone because of their sexual orientation. JAMAKON has received
complaints from hijras about police harassment and employment discrimination, and from hijras and
transgender men trying to amend their gender marker on official documents.
17