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“All Five Fingers Are Not the Same” RIGHTS Discrimination on Grounds of Gender Identity WATCH and Sexual Orientation in Sri Lanka

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“All Five Fingers Are Not the Same” RIGHTS Discrimination on Grounds of Gender Identity WATCH and Sexual Orientation in Sri Lanka HUMAN “All Five Fingers Are Not the Same” RIGHTS Discrimination on Grounds of Gender Identity WATCH and Sexual Orientation in Sri Lanka “All Five Fingers Are Not the Same” Discrimination on Grounds of Gender Identity and Sexual Orientation in Sri Lanka Copyright © 2016 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-33931 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org “All Five Fingers Are Not the Same” Discrimination on Grounds of Gender Identity and Sexual Orientation in Sri Lanka Map .................................................................................................................................... i Glossary ............................................................................................................................. ii Summary ........................................................................................................................... 1 Legal Gender Recognition ........................................................................................................ 2 Unprotected in Law ................................................................................................................... 3 Discrimination against Gender Non-Conformity ......................................................................... 3 Key Recommendations ....................................................................................................... 6 To the Parliament of Sri Lanka .................................................................................................. 6 To the Steering Committee of the Constitutional Assembly ....................................................... 6 To the Ministry of Law and Order .............................................................................................. 6 To the Police ............................................................................................................................ 6 To the Ministry of Health ........................................................................................................... 7 To the Registrar General’s Department ...................................................................................... 7 To the Department of Registration of Persons, Department of Immigration and Emigration ......... 7 Methodology ...................................................................................................................... 8 I. Gender Identity and Sexual Orientation in Sri Lanka ...................................................... 10 Attitudes toward Gender Non-Conformity and Homosexuality .................................................. 10 Criminalization of Same-Sex Relations, Gender Non-Conformity .............................................. 15 II. Legal Gender Recognition ............................................................................................. 18 Lack of Clear and Simple Gender Recognition .......................................................................... 18 Problematic Medical Diagnosis or Treatment Requirements..................................................... 24 III. Police Abuses .............................................................................................................. 28 Targeting the Vulnerable ......................................................................................................... 30 Sexual Abuse ......................................................................................................................... 31 Physical Abuse ....................................................................................................................... 32 Police Responsibility .............................................................................................................. 34 Police Training ........................................................................................................................ 36 IV. Public and Private Sector Discrimination ..................................................................... 39 Discrimination in Health Care ................................................................................................. 39 Discrimination in Employment and Housing ............................................................................ 47 V. Sri Lanka’s Human Rights Obligations .......................................................................... 52 Full Recommendations ..................................................................................................... 56 To the Parliament of Sri Lanka ................................................................................................. 56 To the Steering Committee of the Constitutional Assembly ...................................................... 56 To the Ministry of Justice ......................................................................................................... 56 To the Ministry of Health ......................................................................................................... 57 To the Ministry of Women and Child Affairs ............................................................................. 58 To the Ministry of Law and Order ............................................................................................. 58 To the Police ........................................................................................................................... 58 To the Registrar General’s Department .................................................................................... 59 To the Department of Registration of Persons, Department of Immigration and Emigration ...... 60 To the National STD/AIDS Control Program ............................................................................. 60 To the National Human Rights Commission ............................................................................ 60 To the Sri Lanka Medical Council, Medical Association, and College of Psychiatrists ................ 61 Acknowledgements .......................................................................................................... 62 Annex I ............................................................................................................................. 64 Annex II ............................................................................................................................ 65 Annex III ........................................................................................................................... 67 Map -- I HUMAN RIGHTS WATCH | AUGUST 2016 Glossary Bisexual: Sexual orientation of a person who is sexually and romantically attracted to both women and men. Cisgender: Adjective used to describe the gender identity of people whose birth sex (the sex they were declared to have upon birth) conforms to their lived and/or perceived gender (the gender they are most comfortable with expressing or would express, given a choice). Gay: Synonym in many parts of the world for homosexual; used here to refer to the sexual orientation of a man whose primary sexual and romantic attraction is towards other men. Gender: Social and cultural codes (as opposed to sex assigned at birth) used to distinguish between what a society considers “masculine” and “feminine” conduct. Gender identity: Person’s internal, deeply felt sense of being female or male, both, or something other than female or male. It does not necessarily correspond to the sex assigned at birth. Gender non-conforming: Behaving or appearing in ways that do not fully conform to social expectations based on one’s assigned sex. Homophobia: Fear of, contempt of, or discrimination against homosexuals or homosexuality. Homosexual: Sexual orientation of a person whose primary sexual and romantic attractions are toward people of the same sex. Intersex: A person born with reproductive or sexual anatomy that does not seem to fit the typical definitions of “female” or “male.” “ALL FIVE FINGERS ARE NOT THE SAME” II LGBT: Lesbian, gay, bisexual, and transgender; an inclusive term for groups and identities sometimes associated together as “sexual and gender minorities.” LGBTI: Lesbian, gay, bisexual, transgender, and intersex. Lesbian: Sexual orientation of a woman whose primary sexual and romantic attraction is toward other women. Men Who Have Sex Men who have sexual relations with persons of the same With Men (MSM): sex, but may or may not identify themselves as gay or bisexual. MSM may or may not also have sexual relationships with women. Sexual and Gender Inclusive term that includes all persons with non-conforming Minorities: sexualities and gender identities, including lesbians, gay men, bisexuals, transgender people, gender non-conforming people, men who have sex with men, and
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