Women’s Rights

The discourse on gender equality is currently a very popular topic around the world.
Compared to the past, the development of women’s rights is clearly shown, but changing the
social systems that were tied to patriarchy is not something that can be done immediately.
Women are no different from other people, but socially, economically, educationally and
politically they still take a seat at the back. Since, it is essential that all people are aware of the
rights of women.

Women’s rights are the rights and freedoms which are aimed at uplifting the status of
women and girls in the family and society and ensuring equal treatment and equal protection of
the law.

Women’s rights include civil, political, social, economic and cultural rights of women and
girls. These are recognized and accepted by international and regional human rights conventions
as well as domestic laws in countries around the world.

International Legal Framework on Women’s Rights

The international legal framework on women’s rights can be identified mainly through the
following documents.

1. United Nations Universal Declaration of Human Rights (UDHR)
2. International Covenant on Economic, Social and Cultural Rights (ICESCR)
3. International Covenant on Civil and Political Rights (ICCPR)
4. Convention on the Elimination of All Forms of Discrimination against Women
   (CEDAW)

Universal Declaration of Human Rights (UDHR)

Article 02 – Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

Article 16 –
1). Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its dissolution.

2). Marriage shall be entered into only with the free and full consent of
the intending spouses.

3). The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.

Article 23(2) – Everyone, without any discrimination, has the right to equal pay for equal
work.

Article 25(2) – Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social protection.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

• Section 2(2).
• Section 3
• Section 7(a) i
• Sections 10 (1), 10(2) and 10(3).

International Covenant on Civil and Political Rights (ICCPR)

• Section 2(1).
• Section 3
• Section 23
• Section 26

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

CEDAW is a convention that focuses on women’s rights in the field of human rights. The
Convention is committed to reaffirming faith in fundamental human rights, commitment to the
dignity and worth of women and recognition of the rights of gender equality. The CEDAW
Convention describes what is equality and how to achieve it. Moreover, an active agenda has
been presented to various countries to ensure women’s rights.

Domestic legal framework on women’s rights

In 1993, Sri Lanka signed the Declaration on the Elimination of Violence against Women.
In 1981, Sri Lanka ratified the United Nations Convention on the Elimination of All Forms of
Discrimination Against Women.

Also steps have been taken to include the policy of equality between women and men in
to the Constitution. Accordingly, the following documents are important regarding women’s
rights in Sri Lanka.

• 1978 Constitution of the Democratic Socialist Republic of Sri Lanka
• Prevention of Domestic Violence Act No. 34 of 2005
• Women’s Charter

1978 Constitution of the Democratic Socialist Republic of Sri Lanka

Article 12(3) – No person shall, on the grounds of race, religion, language, caste, sex or
any one such grounds, be subject to any disability, liability, restriction or condition with regard to
access to shops, public restaurants, hotels, places of public entertainment and places of public
worship of his own religion.

Article 12(4) – Nothing in this Article shall prevent special provision being made, by law,
subordinate legislation or executive action, for the advancement of women, children or disabled
persons.

Women’s Charter

The Women’s Charter includes the political and civil rights a woman should have such as
the right of women within the family unit, the right to education and training, the right to
economic activities and its benefits, the right to health care and nutrition, the right to be
protected from social discrimination, and gender-based discrimination, the right to protection
from violence etc.

In addition to this, amendments brought from time to time to the Penal Code of Sri Lanka
have introduced new criminal offenses such as incest, marital rape, sexual assault, sexual abuse,
serious sexual abuse and human trafficking and the punishments for rape have been increased
for the victims. Also steps have been taken to amend certain marriage laws which are unfairly
affect women’s rights.

Source: Women In Need