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A critical review of the Implementation of the UN

convention on woman (CEDAW) in Sri Lanka:


A Country study
(By Dr. Deepika Udagama)

H M C C SOORIYABANDARA
(2017/MHR/46)
INTRODUCTION

• The article is critically evaluated the equal rights of


women in the human rights perspective and discussed
the implementation of obligations mentioned in UN
convention on Elimination of All Forms of
Discrimination against Women (CEDAW) in Sri
Lanka
• Writer has identified three key fields where there are
limited women representation and violation of rights of
them.
Labor market
Political representation
Gender – based violence
APPLICABILITY OF CEDAW IN SRI LANKA

• Rights gained by the women before the independence


– Universal franchise (1931)
• Gender Justice issues in Sri Lanka in the eye of
CEDAW
• Political representation

• Negative provisions of the discriminatory


customary laws on women and girls

• Labor policy

• Violence against women - Domestic violence,


sexual harassment in public spaces and rape

• Women Migrant Workers


SRI LANKA'S ENGAGEMENT WITH THE
CEDAW COMMITTEE

• CEDAW has not been incorporated into national law


through a comprehensive statute since Sri Lanka is a
dualist country.

• Weaknesses in the constitutional equality

• Sri Lanka failed to improve women’s opportunities in


underrepresented fields – politics, technical education

• Gender empowerment by reforming traditional education


NATIONAL LEGAL SYSTEM VS. CEDAW ON
GENDER EQUALITY

National Legal System CEDAW


• Sri Lanka has few enabling
legislation directly • Article 2 of CEDAW –
incorporating human rights
treaties. Discriminatory actions
against private actors.
• Article 12(2) & (4) of the
constitution • Highly recognized
• No remedies for programmatic measures –
infringement of fundamental health , economic and
rights by private actors employment empowerment.
• Incorporation through
courts.
CONCLUSION

• Violence against women, including domestic violence


are widespread
• Sri Lanka's official position on CEDAW obligations is
defensive and weak.
• Weakness in the state gender machinery
• Unequal position of women in politics, labor force and
various social status.
RECOMMENDATIONS

• Establishment of an independent Women’s Commission


• Adoption of a uniform civil code
• Prohibit discriminatory laws against women.
• Take measures to increase women Participation in
public and political life and in decision-making
• Establishment of an effective national gender
machinery
• Equality in marriage and family relations
• Protection of the rights of migrant women
• Establish a National machinery for the advancement of
women
• Establish a strong labor policy including gender
equality.
• Strong implementation of the Articles of CEDAW in
national level.

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