HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018 The Commission concluded that not providing the student with disability appropriate accommodation (although such accommodation was available in the Institute) coupled with the conduct of the academic staff in actively discouraging the student from pursuing her studies led to great mental distress and amounted to inhuman and degrading treatment in contravention of article 11 of the Constitution. Countering the argument put forth by the Institute that permitting the mother of the student to reside with her in the student hostel will make it difficult for the authorities to reject similar requests from other students, the Commission drew attention to article 12(4) of the Constitution which allows special provision by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons. Therefore, the failure to make special provisions for the student in light of her disability was found to be a violation of article 12(1) of the Constitution. Further, the lack of disability access at the Institute was found to be contrary to the Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996, Regulation No. 1619/24 of 18.09.2009 amending Extraordinary gazette No.1467/15 made on 17.10.2006, and the judgment in SC(FR)221/2209 which stated that "...No person should be discriminated against on the ground of disability and their mobility restricted in a manner which precludes or impedes them from enjoying equality their inherent right for access, safety and accommodation in day-to-day life at man-made public buildings, public places and facilities provided here." The deterioration in the mental state of the student due to the lack of accessibility caused by the failure of the authorities was found to be discriminatory in violation of Article 12 (1), which in turn lead to the violation of article 11. The Commission therefore made the following recommendations: - Compensation totaling Rs.165,000 to be paid to the complainant by the various respondents in order to deter future discrimination of this nature and to compensate the complainant for the harm caused to her education and mental wellbeing. 56