Normative and national framework to address gender based violence
Gender equality and non-discrimination of women is a guiding principle of State
machinery and State action in Sri Lanka. The Constitution of Sri Lanka promulgated in
Handout
1978 in Article 12(2) sets out the principle of non discrimination on the ground of sex
Normative
national
to address
based
(and other and
specified
grounds).framework
Article 12(4) further
provides gender
for affirmative
Stateviolence
action
1
for the special advantage of women.
Gender equality and non-discrimination of women is a guiding principle of State
machinery and State action in Sri Lanka. The Constitution of Sri Lanka promulgated in
In 1981, in keeping with the commitment made in the Constitution, Sri Lanka ratified the
1978 Nations
in Article
12(2) setsonout
principle of
of All
nonForms
discrimination
on the ground
United
Convention
thethe
Elimination
of Discrimination
Againstof sex
(and
other
specified
grounds).
Article
12(4)
further
provides
for
affirmative
State action
Women (CEDAW). Sri Lanka is also1 signatory to a number of other international
for
the
special
advantage
of
women.
conventions including the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights which clearly
In 1981, in
keeping withonthethecommitment
made
the Constitution,
Lanka
distinguish
discrimination
grounds of sex
as in
a violation
of humanSri
rights.
In ratified
1993 the
United
Nations
Convention
on
the
Elimination
of
All
Forms
of
Discrimination
Against
Sri Lanka signed the Vienna Declaration on the Elimination of Violence Against Women
Women
(CEDAW).
Lanka
is also signatory
to a gender
number
of other
international
setting
out the
country’s Sri
focused
commitment
to fight against
based
violence.
conventions including the International Covenant on Civil and Political Rights and the
Covenant
on Economic,
andDeclaration
Cultural on
Rights
which clearly
SriInternational
Lanka recognises
the definition
of GBV setSocial
out in the
the Elimination
ofdistinguish
Violence Against
Women
(DEVAW)
as
“any
act
of
gender-based
violence
that
results
discrimination on the grounds of sex as a violation of human rights.
In 1993
in,Sri
or Lanka
is likely
to result
physical,
sexual oron
psychological
harmoforViolence
suffering Against
to women,
signed
the in,
Vienna
Declaration
the Elimination
Women
including
threats
of such focused
acts, coercion
or arbitrary
of liberty,
whether
setting out
the country’s
commitment
to fightdeprivation
against gender
based violence.
occurring in public or in private life”.2
Sri Lanka recognises the definition of GBV set out in the Declaration on the Elimination
It of
also
accepts Against
that violence
against
women as
encompasses
is not limited
to “physical,
Violence
Women
(DEVAW)
“any act ofbut
gender-based
violence
that results
sexual
psychological
violence
occurring
family, including
in, orand
is likely
to result in,
physical,
sexual in
or the
psychological
harm orbattering,
sufferingsexual
to women,
abuse
of
female
children
in
the
household,
dowry-related
violence,
marital
rape,
female
including threats of such acts, coercion or arbitrary deprivation of liberty, whether
2
genital
mutilation
and or
other
traditional
practices
harmful to women, non-spousal violence
occurring
in public
in private
life”.
and violence related to exploitation; physical, sexual and psychological violence
occurring within the general community, including rape, sexual abuse, sexual harassment
It also accepts that violence against women encompasses but is not limited to “physical,
and intimidation at work, in educational institutions and elsewhere, trafficking in women
sexual and psychological violence occurring in the family, including battering, sexual
and forced prostitution and physical, sexual and psychological violence perpetrated or
abuse of female children in the household, dowry-related violence, marital rape, female
condoned by the State, wherever it occurs”.3
genital mutilation and other traditional practices harmful to women, non-spousal violence
and
violence
related
to exploitation;
physical,
sexual
and committed
psychological
violence
For
over
two decades
the government
of Sri Lanka
has been
actively
towards
occurring
within
the
general
community,
including
rape,
sexual
abuse,
sexual
harassment
gender equality and the advancement of women including working towards reducing
and intimidation
at work,
in educational
institutions
and elsewhere,
trafficking
in women
gender
based violence.
The State
commitment
to issues particular
to women
came about
and
forced
prostitution
and
physical,
sexual
and
psychological
violence
perpetrated
during the United Nations Decade for Women (1975 to 1985) and specifically as a result or
by the State,
wherever
occurs”.3
ofcondoned
the International
Women’s
Year init 1975.
For over two decades the government of Sri Lanka has been actively committed towards
gender equality and the advancement of women including working towards reducing
1
gender
based violence.
cameofabout
Article 12 -Rights
to equality;
Article 12(2) The
- AllState
personscommitment
are equal beforeto
theissues
law and particular
are entitled to to
the women
equal protection
the law; Article
12(2)
No
citizen
shall
be
discriminated
against
on
the
grounds
of
race,
religion,
language,
caste,
during the United Nations Decade for Women (1975 to 1985) and specifically assex,
a result
political opinion, place of birth or any one such grounds; Article 12(4) - Nothing in this article shall prevent special provision
of
the
International
Women’s
Year
in
1975.
being made by law, subordinate legislation or executive action for the advancement of women, children or disabled persons.
2
3
Article 1
Article 2
1
80
Article 12 -Rights to equality; Article 12(2)
- All persons are equal before the law and are entitled to the equal protection of