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Fundamental Rights In Sri Lanka

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Constitution of Sri Lanka provides for the protection of fundamental rights. Article 12 of Chapter III recognizes the right to equality and equal protection of the law as well as the right to protection from discrimination on certain specified grounds, including sex. Any person, whose right to equality is violated, under this Article, by either executive or administrative action, can file a Fundamental Rights Application in the Supreme Court. Article 12(3) also recognizes that a special provision to promote substantive equality can be made by law, regulations, or administrative action for the advancement of women. The Women’s Charter was prepared in 1993. The Charter highlights state policies regarding the rights of women, expressing the commitment …show more content…

The Women’s Bureau, and The National Committee for Women which comes under the ministry take the leadership in undertaking activities.
Sri Lanka ratified Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1981 and also ratified optional protocol to the Convention on the Rights of the Child and MWCA has set up a special committee to work on various activities.
There are several acts and policies endorsed by the Parliament: (a) The enactment of the Prevention of Domestic Violence Act (2005); (b) The enactment of the Citizenship (Amendement) Act No. 16 of 2003 enabling a Sri Lankan woman to transmit her citizenship to her child; (c) The Penal Code (Amendment) Act No. 16 of 2006 which includes a new definition of the offence of trafficking in persons in line with the United Nations Convention Against Transnational Organized Crime and its Protocols and provision to impose certain reporting obligations on incidents of child abuse; and (d) Convention of the prevention and combating trafficking in Women and Children for prostitution 2005. The establishment of the Ministry of Foreign Employment Promotion and Welfare,and the adoption of the Sri Lanka National Policy on Labor Migration which has a focus on concerns of migrant women workers and the elaboration of a National Action Plan for the Protection and Promotion of Human Rights …show more content…

Although women have equal rights there are few personal laws that discriminates women. Muslim Marriage and divorce Act 1951 and Muslim Personal Law is currently under review by a Parliament appointed subcommittee to address issues relating to child marriages, polygamy, marital rape etc and provide equal status to women. The Committee is concerned about the persistence of discriminatory provisions in the law. In addition the Land Development Ordinance gives preference to male heirs over females, the general personal laws, the Muslim Personal Law, the Kandyan Law and the Tesawalamai Law
The MWCA has also prepared an action plan to curb gender based violence (GBV) by working with several ministries to prepare action plans. For example, the Ministry of Health established Gender Based Violence (GBV) centers by the name of ‘Mithuru Piyasa’ at the state hospitals. The primary care staff was specially trained to handle GBV issues. In addition, the ministry has also provided female counsellors in most of the Divisional Secretariat officers to provide psycho-social

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