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FN's General Forsamling

UN, General Assembly (UNGA)

Dokument A/RES/70/175,

United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)(17. Dec. 2015)

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Rule 7 (Side 9/33)

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;

Dokument A/C.3/70/L.27/Rev.1 Promotion and protection of human rights: implementation of human rights instruments

(6. Nov. 2015)

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Para 1

Condemns all forms of torture and other cruel, inhuman or degrading

treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified,

and calls upon all States to implement fully the absolute and non-derogable

prohibition of torture and other cruel, inhuman or degrading treatment or

punishment;

Para 2

Also condemns any action or attempt by States or public officials to

legalize, authorize or acquiesce in torture and other cruel, inhuman or degrading

treatment or punishment under any circumstances, including on grounds of national

security and counter-terrorism or through judicial decisions, and urges States to

ensure the accountability of those responsible for all such acts

Para 5

Also emphasizes that States must take persistent, determined and

effective measures to prevent and combat all acts of torture and other cruel,

inhuman or degrading treatment or punishment, stresses that all acts of torture must

be made offences under national criminal law punishable by appropriate pe nalties

that take into account their grave nature, and calls upon States to prohibit under

national law acts constituting cruel, inhuman or degrading treatment or punishment;

Para 26

Also calls upon all States to adopt a gender-sensitive approach in the

fight against torture and other cruel, inhuman or degrading treatment or punishment,

paying special attention to gender-based violence;

Para 27

Calls upon States to ensure that the rights of persons belonging to

marginalized communities and those most vulnerable, including persons with

disabilities, bearing in mind the Convention on the Rights of Persons with

Disabilities,9 are fully integrated into torture prevention and protection, and

welcomes the efforts of the Special Rapporteur on torture and other cruel, inhuman

or degrading treatment or punishment in this regard

Para 28

Stresses that national legal systems must ensure that victims of torture or

other cruel, inhuman or degrading treatment or punishment have effective access to

justice and obtain redress without suffering any retribution for bringing complaints

or giving evidence;

Para 29

Calls upon States to provide redress for victims of torture or other cruel,

inhuman or degrading treatment or punishment, encompassing effective remedy and

adequate, effective and prompt reparation, which should include restitution, fair and

adequate compensation, rehabilitation, satisfaction and guarantees of non -repetition,

taking into full account the specific needs of the victim;

Dokument A/70/213 Right of everyone to the enjoyment of the highest attainable

standard of physical and mental health

(30. Juli. 2015)

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Para 84

“Intersex” refers mainly to physical aspects of the body and includes a wide

range of natural body variations that do not conform to prevailing notions of male

and female bodies. Deeply rooted stereotypes around gender dichotomy and

medical norms about male and female bodies have led to the establishment of a

medical practice of routine interventions and surgeries on intersex people, including

irreversible genital surgery and sterilization. These interventions are not always

necessary on medical grounds and are often not performed with the informed

consent of the persons concerned. Moreover, medical classifications currently

codify intersex characteristics as pathologies or disorders.

Para 85

These practices, if performed without due consideration for the best interests

and evolving capacities of young children, can have detrimental, long -lasting effects

on their health and well-being; violate their basic rights to physical integrity,

privacy and autonomy; and may amount to ill-treatment or even torture. In

addition, the sex assigned at birth becomes a legal and social factor, often

permanent or difficult to change, that will determine the life and development of the

child and affect his/her right to develop a personal identity.

Para 86

On the basis of international human right law and standards, States should

prohibit unnecessary medical or surgical treatment during infancy or early

childhood in order to guarantee the bodily integrity, autonomy and self-

determination of the children concerned.

Para 112

In this connection, the Special Rapporteur urges Governments:

(m) To prohibit discrimination against intersex people, including by

banning unnecessary medical or surgical treatment, and adopt measures to

overcome discriminatory attitudes and practices through awareness-raising,

training for public officials and medical professionals and the elaboration of

ethical and professional standards that respect the rights of intersex persons, in

consultation with intersex people and their organizations;