LGBT rights in Sri Lanka

LGBT rights in Sri Lanka Sri Lanka

Same-sex sexual activity legal?

Illegal

Article 365A
Gender identity/expression
Discrimination protections None
Family rights
Recognition of
relationships
No recognition of same-sex couples
Adoption

LGBT people living in Sri Lanka may face unique legal and social challenges. Homosexuality is illegal, and households headed by same-sex couples are not eligible for any the protection given to married couples. Members of the LGBT community in Sri Lanka have reported being subjected to harassment, and the government has not added sexual orientation or gender identity to the nation's non-discrimination laws.

Criminal law

Article 365A prohibits anyone, irrespective of gender, from engaging in "gross indecency", which is not explicitly defined, although stiffer sanctions apply if one person is under the age of 16 or if any sort of injury was caused as a result. In 1995, the criminal law was amended to expressly prohibit "gross indecency" no matter the gender of the participants.[1]

Psychological help/treatment

Some private clinics in Sri Lanka claim to be able to "cure" patients of their homosexuality, although the World Health Organization does not view homosexuality, in itself, to be a mental illness. Groups such as "Companions On A Journey" and "Equal Ground" are countering these claims with more accurate medical information.

Family and marriage

Sri Lanka family law does not recognize same-sex marriages or any similar sames-sex civil union. LGBT people who have come out to their family often report being verbally or physically harassed.[2]


Transgender issues

While there are some traditional transgender practices associated with certain rituals, transgender people are victims of harassment and discrimination.[3] The term ponnaya (පොන්නයා) is a defamatory term often used against transgender people or effeminate men.

AIDS–HIV

While AIDS-HIV is not only a public health problem for LGBT people, the AIDS-HIV pandemic has helped to open up a more public debate about gender roles and human sexuality in Sri Lanka.[4] The high levels of poverty, combined with the stigma associated with the disease and conservative cultural mores, has made it difficult to implement comprehensive prevention programs and to offer life-saving treatment to those people already infected.

Initially, during the late 1980s – 1990s, the Sri Lanka government tended to ignore the pandemic. This may have been because of the political instability in the government during the civil war, or because of the taboo nature of the pandemic scaring off government officials. It was not until the early part of the twenty-first century that a national AIDS-HIV policy was developed in Sri Lanka.

Today, a National AIDS Council has been established, the government formally recognizes the United Nations World AIDS Day, more public education about the disease is available and efforts are being made to combat the prejudice people living with AIDS-HIV face in the workplace.[4]

Summary table

Same-sex sexual activity legal
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. 1 2 "Sodomy Laws, Sri Lanka". galpn.org. Retrieved 2011-02-05.
  2. "Sri Lanka's gays share their journey". BBC. 20 May 2005. Retrieved 2011-02-05.
  3. "Gender Diversity and Transgender Issues". indiana.edu. Retrieved 2011-02-05.
  4. 1 2 "HIV/AIDS" (PDF). cplanka.org. Retrieved 2011-02-05.
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