and right to privacy when they perform their duties. Also, the police should proactively
intervene and protect transgender persons if criminal acts are caused against them.
All citizens should treat transgender persons equally, without discrimination, and support
them to secure their rights and freedoms as equals in society.
Guidelines.
Guideline 01: Right to Recognition before the Law
Police officers should recognize transgender persons, their identity and the process,
consider the constitutional guarantee that “All are equal before the law and equal
protection of the law” as stated under Article 12.1 of the 1978 Constitution.
All police officers in different sectors should be aware of transgender persons and the
transgender process and respect their universally recognized rights and freedoms as
enshrined in the Yogyakarta Principles.2
Guideline 02: The Right to Equality and Non Discrimination
(a) The police officers should not discriminate the transgender persons based on their
gender identity. The constitution has a provision under Article 12.2 that “Nobody
should be discriminated based on race, ethnicity, caste, sex, or any such ground” If
this is not adhered to by the police officers, it will violate Article 12.2. (b) In addition,
disrupting access to law enforcement authorities by means of unequal treatment,
inaction, negligence, unnecessary delaying, insensitivity towards the needs of
transgender persons, and any such form of actions would amount to a violation of
Article 12.1 of the Constitution.
Guideline 03: The Right to Freedom from Torture and Cruel, Inhuman or Degrading
Treatment or Punishment
(a) Transgender persons face physical attacks, verbal abuse, blackmail and attempts
to be sexually harassed or any other form of violence, even at the Police stations, due
to their gender identity. If officers use degrading terminology towards transgender
persons, it should be regarded as physical and mental torture, inhuman or degrading
2
Principle 01, Principle 03
Human Rights Commission of Sri Lanka
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