Part I Experiences of being lesbian, gay, bisexual, transgender and intersex in the Asia Pacific 3.5.6. Examples of positive action by NHRIs 221 222 CASE STUDY: CHANGING BIRTH CERTIFICATE DETAILS FOR TRANSGENDER PEOPLE In March 2015, the Human Rights Commission of Sri Lanka received a complaint from a transgender person facing administrative difficulties trying to change details on their birth certificate, national identity card and passport.221 The complainant had faced discriminatory comments and was harassed throughout the application process. In Sri Lanka, the Registrar General’s Office requires a transgender person to submit a letter from a parent or guardian consenting to a change of gender and documentary evidence from a surgeon of the transgender person’s clinical diagnosis and genital reconstruction surgery. It is not currently possible to have such surgeries in Sri Lanka and most people cannot afford to travel overseas for these procedures. After it received the complaint, the Commission held discussions with civil society groups (Heart to Heart and Equal Grounds) on 22 May 2015 to identify their concerns in relation to transgender people’s rights to identity, nondiscrimination and dignity. In June 2015 the Commission met with government officials and other concerned individuals to identify and address administrative and medical issues arising from applications by transgender people to change their name and gender on official documents. During the meeting, government officials agreed to develop policy guidelines based on internationally-accepted standards related to gender certification. The Commission has made recommendations to the Sri Lankan Government to resolve the complaint and ensure respect for the rights of transgender people, including through legislative changes. Specifically, the Commission has developed a proposed gender certificate based on expert local and international guidance, including from the World Professional Association for Transgender Health. The Commission has submitted this gender certificate to the government and recommended that it be officially recognised and that psychiatrists working with transgender people are informed through an official circular. Given the primary role of birth certificates as an identity document in Sri Lanka, the Commission is planning to conduct training and awareness programs on the rights of transgender people. It is hoped that with increased awareness and improvements in laws, regulations and social perspectives, there will be significant improvements in the lives of transgender people in Sri Lanka.222 At the Being LGBT in Asia regional dialogue in February 2015, the Philippines Commission on Human Rights indicated that it would support a case under the women’s equality law, known as the Magna Carta of Women, to clarify whether transgender women are able to change sex details on their birth certificate.223 221 Complaint HRC/1139/15/L-10. 222 Original material available at http://hrcsl.lk/english/2015/06/19/hrcsl-intervenes-to-protect-transgender-victims/; subsequently updated by the Human Rights Commission of Sri Lanka. 223 This was identified as a potential alternative legal avenue after a 2007 Supreme Court decision that removed the right previously held by transgender people to apply to the Regional Trial Court for gender recognition. Chapter 3: Being transgender in Asia and the Pacific | 59