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
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