E. Mechanisms i) The Courts There is a vibrant jurisprudence on fundamental rights of equality, torture and illegal detention which is very relevant for the topic of GBV and Reproductive Rights. However this jurisprudence was not in general developed further in the post war period 2010-2014. (See review of Human Rights of Women Post Beijing World Conference 1995-2015 (cited in list of references)). The 19th Amendment strengthened the provision on independence of the judiciary by improving the method of appointment of the Chief Justice and Judges of the Supreme Court, President and Judges of the Court of Appeal, and Members of the Judicial Services Commission, as well as the Attorney General (Art 41 (c)(1) and Schedule Part I, and Part II (a)). The President can appoint these persons only as recommended by the Constitutional Council. The Council is required in recommending persons for appointment to independent commissions to “endeavour to ensure that (they) reflect the pluralistic character of Sri Lankan society including gender.” (Art 41 (B)(1) and (3)). A similar provision has not been included in regard to the high posts in the judiciary. The Chief Justice must be consulted in cases of appointment of judges to the Supreme Court and President and judges of the Court of Appeal (Art 41 (c)(4)). However the 19th Amendment did not amend the current provisions on removal of judges that received media publicity as an issue of public concern, during impeachment procedures in the recent Shirani Bandaranayake Cases (CA 411/2012 J.I 2013). The need to strengthen removal provisions is also evident in the response of the Human Rights Committee in the progress review 2014, but was ignored, (See Annex). The High Court jurisdiction under the ICCPR Act 2005 does not appear to have been exercised in any cases involving access to services in health care. Responsible Agencies and Authorities: The appellate judiciary trial courts, Judges Training Institute, Constitutional Council and President, Ministry of Justice, Attorney General’s Department. ii) Legal Aid Commission The provisions on access to legal services in the ICCPR Act also do not appear to have been enforced, though the Legal Aid Commission was established by the Legal Aid Act (1978). The Commission and the Bar Association collaborate in the delivery of these services in Colombo and other important metropolitan areas. These programmes which also help women victims of GBV who are referred by the Women and Police Desks in Police Stations are under-resourced and must be strengthened. Responsible Agencies : Ministry of Justice, Legal Aid Commission and Bar Association iii) Human Rights Commission The Commission has (consequent to the 19th Amendment) been created as an “independent Commission” appointed by the President on the Recommendation of the Constitutional Council. (Art 41 B (1)). This helps to bring it in conformity with the Paris Principles or international guidelines on National Human Rights Commissions. There is also a reference to the need for membership to “reflect the pluralistic character of Sri Lankan Society including gender.” (Art 41 B (3)). This provides a basis for monitoring to ensure gender and ethnic balance in membership. The Commission has extensive and useful 56 COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS

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