A/HRC/43/52
(b)
Ensure the effective independent oversight of detention facilities, both public
and private, that addresses protection of the right to privacy, regardless of gender.
R.
Asylum seekers
55.
States should ensure that asylum seekers are protected from infringements of their
privacy committed on the grounds of gender, including during reception and the
determination of their claims, by:
(a)
Recording information about a person’s sex and gender only where it is lawful,
reasonable, necessary and proportionate;
(b)
Storing such information securely;
(c)
Prohibiting its release to anyone not directly involved in the refugee
determination process;
(d)
Accepting, as the starting point for consideration of an asylum claim, the selfidentified gender of the asylum seeker;
(e)
Eschewing inappropriate, invasive, unnecessary or coercive medical or
psychological testing or unlawfully obtained personal information to assess an asylum
seeker’s self-declared gender;
(f)
Providing privacy protections for the health-related information of asylum
seekers, in particular in relation to gender-sensitive information, such as reproductive health,
HIV information and therapy, hormonal or other therapy, and gender-affirming treatment;
(g)
Establishing, implementing and monitoring privacy guidelines;
(h)
Providing training on taking privacy and gender into consideration for agents
involved in determining refugee status and managing reception conditions.
25
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