UPR Sexual Rights Database

National Report:
Para 14) A new Bill of Rights is currently being considered as part of constitutional reforms. A Parliamentary Sub-Committee on Fundamental Rights has already presented its final report. The report included explicit rights to life and privacy and extended the right to nondiscrimination by including additional grounds such as disability, gender identity and sexual orientation.
Para 33) The final report of the parliamentary Sub-Committee on Fundamental Rights, recommended that the Fundamental Rights Chapter in the Sri Lankan Constitution include express guarantees of non-discrimination on the grounds of disability, gender identity and sexual orientation. Moreover, the current NHRAP 2017-2021 commits to eliminating any discriminatory provisions in Sri Lanka’s Penal Code.
Para 137) Among the key priorities highlighted during the public consultations are: Expediting constitutional reforms and ensuring a strengthened fundamental rights chapter that provides for (i) specific rights such as the right to life and non-discrimination based on sexual orientation and gender identity, ... .

UN Compilation:
Para 10) … A new national human rights action plan for the period 2017-2022 had been drafted in 2016 in consultation with civil society. However, the revised draft that had been finalized by the Cabinet had reportedly led to the removal of key action points relating to decriminalization of same-sex relations, ...
Para 12) CESCR expressed concern that discrimination against lesbian, gay, bisexual, transgender and intersex persons was widespread, including in law enforcement, employment, health care, housing and education, and that lesbian, gay, bisexual, transgender and intersex persons had been subjected to threats and attacks on social media on the basis of their sexual orientation or gender identity.
Para 52) The HR Committee remained concerned at the continued applicability of sections 365, 365A and 399 of the Penal Code to criminalize lesbian, gay, bisexual, transgender and intersex persons and the widespread discrimination and stigmatization of persons on the basis of their sexual orientation and gender identity.
Para 61) The United Nations country team ... was also concerned that doctors and other medical staff were often unaware of and insensitive to the health needs of lesbian, gay, bisexual and transgender people.

Stakeholder Summary:
Para 6) Joint Submission 12 (JS12) expressed concern about certain legislation such as sections in the Penal Code that discriminate based on sexual orientation and gender identity. JS12 highlighted that legislation such as ... certain sections of the Penal Code indiscriminately marginalized and discriminated against the LGBTIQ community ... by means of criminalizing these lifestyles, and allowing persons in positions of authority such as police officers to detain, torture, and verbally and physically discriminate against members of these communities.
Para 45) JS3 noted that Sections 365 and 365A of the Penal Code criminalized sexual relations between same-sex individuals, classifying same-sex relations as an "unnatural offence" subject to punishment of up to 10 years in prison.
Para 50) JS12 stated that LGBTIQ persons had been shunned from their homes, discriminated in the work place, and that it was difficult for them to find work.