to health care, equality and non-discrimination, protection of bodily integrity and freedom from torture and inhuman degrading treatment. A rights approach can be distinguished from social welfare, because the latter is given or taken back at the discretion of governments. When Reproductive and Sexual Health is a right of people, they can claim them as part of their human rights. Sri Lanka has ratified and accepted treaty commitments under many international human rights instruments such as the Convention on Civil and Political Rights (1966), the Convention on Economic Social and Cultural Rights (1966), the Convention on Elimination of Racial Discrimination (1965), the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) (1981), the Convention on the Rights of the Child (1989) and the Convention on Torture (1984). More recently Sri Lanka has ratified the Migrant Workers Convention (1990), the Convention on the Rights of Persons with Disabilities, and the Convention on Protection of All Persons from Enforced Disappearances (2006) The dates of accession are given in the annex with references S.10. We shall see later that Parliaments of Sri Lanka have, over time introduced local legislation indicating their commitment to fulfill the country’s obligations as a party to these international treaties. Consequently Sri Lanka has accepted that standards on reproductive and sexual health that are linked to human rights of the people become reproductive and sexual rights of the people of our country. [See Annex]. c) Gender Based Violence The term Gender Based Violence (GBV) is a topic that has become familiar to the public because it has received a great deal of attention in Sri Lanka in the media. Government agencies such as the Ministry of Women’s Affairs and Child Development and the Ministry of Health, law enforcement agencies such as the Police, and many civil society organizations have programmes to address Gender Based Violence. And yet there is some lack of clarity in regard to the meaning of this phrase. Sri Lanka ratified the CEDAW Convention in 1981, and successive governments have reported to the CEDAW Committee for progress reviews of the country in fulfilling the obligations undertaken to implement this international treaty. (See Annex). A document that interprets a State’s obligations under CEDAW, regarding women’s rights to protection from violence, equality and non-discrimination on the basis of their sex is described as General Recommendation No 19, adopted by the CEDAW Committee in 1992. This instrument defines GBV as violence that is directed against a woman because she is a woman, or that affects women disproportionately. (Art. 6). It draws attention to the link between the act of violence or behavior, and the female sex of the victim. By using the word ‘gender’ as opposed to ‘violence against women’ what is emphasized is that the violence is not perpetrated against a woman only because she is female by sex, but because of other factors that influence attitudes, values and practices regarding women in a particular society. The term GBV therefore draws attention to the fact that though men may also be victims of violence in society, women are subject to forms of violence that are exclusively or disproportionately directed at them. Similarly the response to violence against women and its impact on them may be different because they are women. These realities make it important for lawyers and judges and law enforcement authorities responsible for administration of justice in the country to understand the concept of Gender Based Violence, in approaching their work and professional duties. (See Annex for some literature on GBV relevant to Sri Lanka). COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS 03

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