of the right to Equality. Article 12 (4) goes even beyond this, by providing for special measures (affirmative action) that will give meaning to the right to equality in the case of groups specifically defined. Such measures will not be considered discriminatory of other groups. Thus the government can take special measures relating to women, children and disabled persons that will help to achieve equality for them. Consequently “affirmative action” or positive measures and special privileges can be given to women and girls to ensure that their special problems are addressed. Creating an environment to go beyond formal or de jure legal equality and achieving equality in substance or fact, (substantive equality) is therefore the goal of Art 12 (4). However upto now, there has been a reluctance to introduce special measures. The Domestic Violence Act for instance did not provide for mandatory allocation of State budgetary resources for shelter for women and girls or hospital crisis centres for women affected by this violence as part of the legislative arrangements to enforce the law. Sri Lanka has not introduced a system of mandatory quotas for women in decision making bodies including legislative bodies like local government and provincial councils and national parliaments. This is despite the very poor representation of women in all these bodies, and other important institutions, even though there is a high rate of female participation in education and the professions. In the Local Government Bill Determination (See Annex) the Supreme Court unfortunately refused to accept arguments on the need for a separate quota for women as a special measure under Art 12 (4) that would facilitate implementing the right to equality. The Court did not use the opportunity given to develop jurisprudence on special measures or affirmative action under Art 12 (4) in this important area. An encouraging change of policy is seen in the recently enacted Local Authorities Amendment Act (2017) (S.27F). This ensures that “not less than 25% of the total number of members in each Local Authority shall be women members” Art 12 (1) has been used in several cases denying school admissions to children in State schools (See Annex). Issues relating to access to health have not been litigated using the right to equality in Art 12, which suggests that there are no issues of lack of women’s access to health facilities. The transfer of a woman medical doctor from a hospital after she complained of attempted rape by a colleague was challenged under Art 12 in a case many years ago. The case was settled out of Court (See Annex). It is possible to argue that denial of drugs required for therapeutic abortion, or access to referrals in national hospitals, carelessly or deliberately, is also an infringement of equal access to health facilities. No such cases have come up in the Courts. In a very recent case, Manohari Pelaketiya v H.M. Gunesekera and others SC/FR/No 76 2012, decided 28.09.2016 Justice Anil Gooneratne, with whom Chief Justice Sripavan and Justice Abeyratne agreed, decided that “sexual harassment or workplace stress occasioned by oppressive…….conduct” of those holding executive office was a violation of women’s fundamental right to equality and non – discrimination under Act 12 (2) and 12 (4) of the Constitution. This judgement recognizes an important Constitutional remedy for sexual harassment in the workplace, which as we have seen also impacts on reproductive health and infringes reproductive rights. ii) The Right to Freedom from Torture Cruel and Inhuman Degrading Treatment (Art 11) The incidence of torture in detention is high in Sri Lanka and has been the subject of national and international reports and media publicity. This is despite the fact that this specific Article in the Constitution gives rights to citizens and aims to promote State accountability to prevent this conduct. Many leading cases in the Supreme Court have created a jurisprudence on torture in litigated cases involving 36 COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS