203.
Moreover, principle 9 of the Yogyakarta Principles provides 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”. Hence, the security of the detainees or
prisoners in detention centre should not be compromised and they should be
free from harm. In addition to that, The principle 30 of Yogyakarta Principles Plus
10 provides that “everyone, regardless of sexual orientation, gender identity,
gender expression or sex characteristics, has the right to State protection from
violence, discrimination and other harm, whether by government officials or by
any individual or group” and the principle 33 of the same Principles provides
that “everyone has the right to be free from criminalisation and any form of
sanction arising directly or indirectly from that person’s actual or perceived
sexual orientation, gender identity, gender expression or sex characteristics.”
Experience of violence due to gender identity and gender expression
204.
In the study, 93 respondents shared that they experienced violence because
of their gender identity and gender expression. The type of violence includes
physical violence, verbal violence, emotional violence and sexual violence and
by different actors including authorities, family members, intimate partners and
members of the public.
205.
The study shows that violence experienced by respondents were mostly from
the members of public, often verbal. This is followed by family members. The
table 36 below shows the experience of violence by the various actors towards
the respondents. 138139
Physical violence
Verbal violence138
Emotional violence139
Sexual violence
Table 36: Experience of violence by different actors
1. Members of the public
26
65
54
24
2. Family members
27
56
52
12
3. The Authorities (e.g. police, religious
authorities)
24
47
43
23
4. Intimate partner
19
20
21
2
Item
138 Verbal violence refers to violence in the form of speech. For example, insults, taunts, hate speech.
139 Emotional violence refers to violence that can manifest in the form of isolation, withdrawal
of financial and emotional support, cold shoulders, etc. that affect people emotionally and
psychologically.
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