HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018
several attempts by the petitioner to prove that this was a matter of
mistaken identity and the fact that there was no warrant in her name,
the police ignored her efforts and proceeded to produce her in court.
The petitioner had proved that the warrant was issued in the name of a
different person, whose initialed name was the same as that of the
petitioner. However, the Police had not made reasonable attempts to
ascertain the veracity of the petitioner’s claim such as requesting
verification from the Department of Co-operative Development as to the
identity of the person against who the warrant was issued. The
Commission found a violation of Article 13 and recommended payment
of Rs.15,000 as compensation to the complainant.
3.2.4.
▪
Multiple rights violations
Accessibility of persons with disability to public higher
education institutions (Complaint No. HRC/3838/17)
The complainant was a female student suffering from muscular
degeneration who was admitted to the Institute of Indigenous Medicine
of the University of Colombo. The complaint was against the authorities
of the Institute for not providing facilities for the accommodation of
students with disabilities in student hostels as well as in classes thereby
depriving the students of the opportunity to engage in educational
activities. The complaint also alleged that certain members of the staff
actively discouraged the student from continuing her studies. As a result
of this she had withdrawn from the Institute having suffered acute
depression and requested the Commission to place her in an alternative
course at a different university.
Finding a violation of Articles 12(1) and 11(freedom from inhuman and
degrading treatment) of the Constitution, the Commission directed the
respondents to pay compensation for the violation of the rights of the
complainant. In this regard, HRCSL referred to Sri Lanka’s international
obligations under different human rights treaties including the
Convention on the Rights of Persons with Disabilities (CRPD) and
emphasized the necessity to comply with those obligations.
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