Message from the Human Rights Commission
of Sri Lanka
Sexual and gender based violence and ability to exercise reproductive rights continue to be issues that need
to be addressed in Sri Lanka. Although formal equality is enshrined in the Constitution, discriminatory laws and
policies that are in contravention of the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) continue to exist. This coupled with the lack of political will hampers the empowerment of
women and restricts their ability to fully exercise their rights and access entitlements. The CEDAW Committee in
the Concluding Observations on Sri Lanka issued in 2011 and 2017, has given considerable importance to these
issues and called upon the government to harmonize domestic legislation in line with the Convention, repeal or
amend discriminatory laws, establish national machinery for the advancement of women, such as the National
Commission on Women, and adopt temporary special measures to expedite the achievement of substantive
equality.
In Sri Lanka women have, as in other parts of the world sought to use the emancipatory nature of the law to
combat discrimination against women, promote their rights and improve their status. In particular, within the
South Asian region, campaigns and movements for change through law reform have to a great extent focused
on issues that have been traditionally relegated to the private sphere, such as violence against women and
family law. While law has been viewed, and at times has functioned, as a vehicle for social change, we must also
be mindful of existing unequal power relations and structural inequalities that impact upon the implementation
and exercise of the law, which can often result in denying remedies to those most affected.
Although there continue to be reports of widespread gender based violence (GBV) in Sri Lanka, social stigma
continues to curtail reporting, and remedies and support mechanisms are still limited. Often programmes
that seek to address GBV are not wholly successful since they do not address the root causes, i.e. patriarchy,
discrimination and the resulting inequality and disempowerment of women.
Globally, we have witnessed social mores shifting towards conservatism and increasing anti-rights rhetoric,
especially on gender, resulting in attempts to control women’s sexuality, reproductive capacity, financial
autonomy and even freedom of movement. This makes women, especially those who are already marginalized,
such as differently abled, conflict-affected and those living in poverty, vulnerable to violence, and restricts their
ability to exercise their reproductive rights.
In this context, the Compendium on the application of laws to address cases relating to reproductive rights
and GBV is extremely useful. It adopts a holistic approach that recognises and addresses the inter-linkages
between violence and reproductive rights and the role of the law in prevention, protection and enabling access
to remedies. Given that many service providers and duty bearers may not be well-informed on the extent of laws
and remedies that are available with regard to gender based violence and reproductive rights, the Compendium
is a powerful educational and awareness raising tool. For activists it could function as a reference document as
it is both comprehensive and accessible.
The Human Rights Commission of Sri Lanka welcomes the publication of the Compendium on Law, Gender
Based Violence and Reproductive Rights and is appreciative of the opportunity to partner with Prof. Savitri
Goonesekere and the United Nations Population Fund (UNFPA) on this initiative.
Human Rights Commission of Sri Lanka
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