F. RIGHT TO DIGNITY 199. The word of “dignity” is mentioned in the preamble of the UDHR and also in Article 1 of the UDHR. The article 1 of the UDHR states that “all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. 200. The right to dignity in this section will be focusing on the abuse or violence experience mainly in dealing with the criminal justice process such as, arrest and detention by authorities, violence from the family members, intimate partner and society at large. 201. In article 3 of the UDHR, it is stated that “everyone has the right to life, liberty and security of person”. In addition to that, the UDHR also entails the significant principle on the administration of justice such as article 5130, 7131, 9132, 10133 and 11134 of UDHR. The other related provisions, but not limited to, are article 7135 of ICCPR and Article 2136 of CAT. 202. In addition to that, the rule 1 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) provides that “all prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times”. Therefore, it is a duty of the state to provide a safe penal institution system for those who are being detained. Besides, rule 7(a) of the Nelson Mandela Rules states that the prisoners’ identity and self-perceived gender should be respected137. 130 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 131 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. 132 “No one shall be subjected to arbitrary arrest, detention or exile. 133 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. 134 Article 11(1). Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 135 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. 136 Article 2(1). Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. Article 2(2). No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. Article 2(3). An order from a superior officer or a public authority may not be invoked as a justification of torture. 137 No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner: (a) Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender… 86 | Report On Transgender Persons In KL And Selangor

Select target paragraph3