A Meaningful Right to Equality and Non-Discrimination: Recognising Sexual and Gender Identities
Image from 30 Years Ago
- - on 03/28/2016
In response to the call by the Public Representations Committee (PRC) for public submissions relating to proposed constitutional reforms, the following submission was made to the PRC on March 15th 2018. Titled ‘A Meaningful Right to Equality and Non-Discrimination: Recognising Sexual and Gender Identities’ this submission focused on specific challenges faced by members of the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) communities. The signatories bring together self-identifying members of the LGBTIQ communities, their family and friends and others who support these rights.
[Editors note: A glossary of terms used in this submission, kindly provided to Groundviews by the authors, can be found at the bottom of this article.]
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We present this submission as individuals self-identifying as Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer (LGBTIQ), as family members and friends of LGBTIQ people, and as individuals/communities coming forward in support of a community of Sri Lankans who wish to acknowledge and break the silence surrounding a people whose rights have been denied through the mechanisms and institutional structures of a democratic state.
While we categorically insist that the rights of the individual to equality, dignity and non-discriminiation need to be recognised and strengthened in the new Constitution, there needs to be specific reference to ‘sexual orientation and gender identities’ in the Fundamental Rights Chapter along with ‘race, religion, language, caste, sex.’ Claiming specific mention in this Article is not a claim to ‘special rights’ but to claim equal rights to protection under the law and the right to non-discrimination. Without detailed mention of specific communities that are persecuted in our society, we will not be able to achieve the goal of holistic equality for all citizens of Sri Lanka. As the Sri Lankan Constitution is the supreme law of the land, the acknowledgement of these equal rights in the Fundamental Rights Chapter will have a cascading effect, allowing for a reading down of the provisions of the Penal Code, which in turn will have a real impact on the lives of LGBTIQ members, their families, their friends and society at large. This demand by the LGBTIQ communities is one that seeks to pave the path for ALL Sri Lankan citizens to live life with freedom, integrity, dignity and equality.
