INTRODUCTION

1. UN convention on Elimination of All Forms of Discrimination against Women

(CEDAW) adopted in 1979 by the UN General Assembly is often described as an international
bill of rights for women. This convention defined the fact that, women should not be
discriminated and they should have freedom to enjoy their rights irrespective of social, marital
status, on a basis of equality of men and women, of human rights and fundamental freedoms in
the political, economic, social, cultural, civil or any other field. Moreover, CEDAW is mainly
focused to incorporate the principle of equality of men and women in their legal system, abolish
all discriminatory laws and adopt appropriate ones prohibiting discrimination against women.

2. To establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and to ensure elimination of all acts of discrimination against
women by persons, organizations or enterprises.

APPLICABILITY OF CEDAW IN SRI LANKA

3. According to the writer, there was recognition of women rights in Sri Lanka before the
independence. According to that, universal franchise for women is one of achievement. But in
the political field there are lack of women representation (4% of representation) in parliament
and politics in Sri Lanka. With regards to that, government now has paid their attention to
increase the women representation in politics by amending Provincial Councils Elections
(Amendment) Bill to increase the number of female representatives in Provincial Councils. The
Bill seeks to amend the Provincial Councils Elections Act, No.2 of 1988.

4. On the other hand, the writer has critically reviewed that, the negative provisions of the
customary law in Sri Lanka which abstain women from achieving gender justice. For an
example, Muslim law is the main felid which violates the freedom and every right of women and
girls. Under that, Muslim law does not recognize minimum age for marriage, therefore large
number of child brides are being raped and abused by their older husbands in Sri Lanka.
Moreover, Muslim Marriage law is violated the penal code of Sri Lanka because the penal code
has a provision for criminalization of sexual intercourse with a girl less than 12 years of age.

5. CEDAW is the core legal obligation which is mainly focused about the modification of
customary law under article 2 of the convention. Moreover, labor force participation of women

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in age of 15 to above is 36.4%. They have given lack of work place facilities when compared
with men, and there are lack of maternity leaves, EPF, ETF benefits, healthcare and protection at
the workplace. On the other hand, more than 50% of women are engaging in informal labor
works all over Sri Lanka and other migrant countries.

SRI LANKA'S ENGAGEMENT WITH THE

CEDAW COMMITTEE

6. The writer has critically go though the idea of CEDAW Committee which required to
submitted periodic reports regarding the status of women participation in various situations.
Moreover, the reports analyzed the weaknesses in the Sri Lankan constitution with regards to the
protection of women rights. Even though the constitution guaranteed equality and non –
discrimination, practically it cannot be implemented. Because, traditional culture of Sri Lanka
holds negative aspects on women. Under the recommendations of the committee, the
establishment of a commission on women is highly required to overcome above mentioned
issues.

NATIONAL LEGAL SYSTEM VS. CEDAW ON GENDER EQUALITY

7. The writer has mentioned the weaknesses of the national legal system including the
constitution of Sri Lanka comparing with the international legal system. According to that, Sri
Lanka has few ratified international legislations such as Convention against Torture Act, No. 22
of 1994, ICCPR Act, No. 56 of 2007 since it has a dualist system. Moreover, Article 12 (4) of the
constitution guaranteed the protection for women, children and disable people, but according to
the writer special protection also violated the equal rights of women. Fischer v The Controller of
Immigration and Emigration and Maheswari v Fernandoa and others are the case laws on first
discriminatory actions against women according to the writer.

CONCLUSION

8. The writer has critically concluded the fact that, the Sri Lanka has poor unequal
protection of rights of women in Sri Lanka comparing with the strong mechanisms mention
under CEDAW. Moreover, the article tried to evaluate the weaknesses of the legal system of Sri
Lanka applying and empowering gender justice. Even though there are rights recognized in the
national level, practically those rights cannot be implemented, because unequal positions of the

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gender equality. Therefore, the writer has criticized the weaknesses of the national legal system
and state machinery.

RECOMMENDATIONS

9. It will be a sound choice on the part of the legislature to appoint a separate commission
that is concentrated on uplifting women in terms of quality of life, prevention of abuse and
personal development. Furthermore, application of a uniform law is also an important measure
that should be considered. For instance, a specific and a uniformly applicable standards relating
to age of marriage will be a clear indication of the lesser leeway to commit abuses towards
women and will consequently protect children from being abused as well.

10. On the other hand, the needs to increase women in politics remain as an important need
to be addressed. In uplifting the aforementioned need, it will be a better policy on the part of the
government if a compulsory quota is provided for women within all administrative and executive
bodies of the government. Effective policies as such will be motivated and fostered through the
adoption of effective and efficient educational programs for the purpose of informing women
regarding the importance of their participation in politics.

11. Finally, policy alternatives and mechanisms should be efficiently imposed in such a
manner so as to negate the position of gender based discrimination and traditional negative
stereotypes regarding women. Education, awareness programs, inspiration and motivation will
be key elements that should be considered in the process of making relevant legal instruments.
Moreover, steps relating to increasing gender equality in family relations, for example in
custody, divorce and maintenance proceedings, should be fostered. Apart from the
aforementioned recommendation on effective and efficient development of policy alternatives
with the aim of uplifting gender equality in society and in the working structure, mechanisms
should be specifically introduced aimed at providing protection for migrant workers since
migrant workers are prone to be subjected into various kinds of inhuman treatments and life
threatening situations.