know basis and not disclosed to other arrestees, the general public, lawyers, and court staff when they present before courts. (b) Police officers must recognise the right to privacy when conducting a body check-up of a transgender person. When checking a male-to-female transgender person, an appropriate police officer should be assigned according to the request of a transgender person Guideline 07: The Right to Treatment with Humanity while in Detention (a)Police officers, when detaining transgender persons who have committed an offence or are suspected of committing an offence, must consider their gender identity and treat them with humanity. A male-to-female transgender detainee has to be treated as a female detainee, and a female-to-male transgender detainee has to be treated as a male detainee. Both transgender persons should be detained separately from other detainees to avoid harassment. (b)If a transgender person is detained without any reason, such detention would be considered illegal and would, therefore, violate Article 13 of the 1978 Constitution. Any sexual harassment, threat, blackmail, beating or attack in a detention place would be considered torture, inhuman, degrading treatment. Therefore, it violates Article 11 of the 1978 Constitution. Guideline 08: The Right to Enjoy the Family Life In situations of domestic violence or discrimination by family members, the police should realize the transgender persons’ physical and mental situation and act accordingly by minimizing the issues faced by transgender persons because of their respective family members. The police should try and take measures to mediate and make the family members understand the critical situations faced by transgender persons. Guideline 09: Ensure the Best Interest of Transgender Child When child transgender persons complaint about the harassment they faced by teachers and fellow students in the schools or the police received complaints from schools against the child transgender persons, the Women and Children Desk in the police stations should pay more attention and act with the best interest of the child. If Human Rights Commission of Sri Lanka Page 4

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