2. NATIONAL LAWS AND REGULATIONS ON REPRODUCTIVE RIGHTS AND GENDER BASED VIOLENCE This subject may be approached from the perspective of particular situations in which GBV impacts on Reproductive Rights, and the general sources of national law and regulation in this country. It is proposed to describe briefly, the sources of law, and later consider in each section, their application in relation to specific categories of situations considered in this Compendium, where GBV can impact on Reproductive Rights. A. General Sources of Law on Gender Based Violence and Reproductive Rights a) Legislation and Regulations Sri Lanka’s law in this area consists of principles of substantive law (the substance of legal principles governing particular categories of GBV and Reproductive Rights) and procedural law (the law and practice of administration of justice through the courts). These laws are found in Acts of Parliament, and the legislative bodies of Sri Lanka after independence (1948). The laws passed by legislative bodies established before independence in the British Colonial period of our history are described as Ordinances or Codes. Acts of Parliament passed under the Constitution of 1972 are described as Laws. Those passed by Parliament under the Constitution of 1978, which is the basic law of our Country today, are described as “Acts of Parliament.” Statutory Authorities, and Ministers have the right to adopt regulations and circulars under powers given to them under Acts or Laws. These are also legal sources of law. b) Laws that apply though not stated in Legislation or Regulations Principles of English Common law, Roman Dutch Law, and Muslim, Kandyan Sinhala and Tesawalamai Tamil personal law applicable to these groups, in the areas of marriage, divorce, property and succession in particular can also have a bearing on Reproductive Rights and Gender Based Violence. c) The Constitution The Constitution of 1978 also incorporates principles that are relevant for Reproductive Rights and GBV set out in the Chapters on Fundamental Rights and Directive Principles of State Policy. Both can be used by the Courts and lawyers to interpret the content of the law on Reproductive Rights and GBV in various situations, in court procedures and making decisions in courts or administratively in relation to the application of legal principles. The Constitution is also a basic law to be followed by law enforcement agencies like the police. [See Annex and section on Constitution] d) International Laws As mentioned above, Sri Lanka has ratified or become a State Party to several international treaties. The Vienna Convention on Treaties (1969) indicates that States who are parties to international treaties must implement provisions of treaties. This principle is expressed in a Latin phrase "pacta sunt servanda" – treaties create legally binding obligations. When Parliament has enacted laws to fulfill treaties, they have recognized this principle. [See Annex and section on International law and Legislation introducing treaty standards]. COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS 05