General Recommendations 19 and 36 Issued under the Convention on the Elimination of all Forms of Discrimination against Women: A Critical Review of Sri Lanka

International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue V, May 2020 | ISSN 2454–6186

General Recommendations 19 and 36 Issued under the Convention on the Elimination of all Forms of Discrimination against Women: A Critical Review of Sri Lanka

K A A N Thilakarathna
Institute of Human Resource Advancement, University of Colombo, Sri Lanka

Abstract:- Sri Lanka became a state party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on 5th October 1981 and has even introduced a Women’s Charter in 1993 all of which is put in place to afford women with equality and fairness. The 1978 Constitution of the Democratic Socialist Republic of Sri Lanka, under Article 12 of the Constitution prohibits discrimination based on sex and it further provides for the governments to take affirmative actions in safeguarding and promoting the rights of the women. This paper in particular looks at general recommendation 19 dealing with gender-based violence against women and general recommendation 36 which deals with the right to education of the women, both issued under CEDAW. In looking at the background of these recommendations and their implementation from a Sri Lankan context, it is revealed that, while compared to many South Asian countries, the standards enjoyed by the women in the country can be appreciated, there still remains some gray areas in the laws and policies of the country that is some what short of the standards expected under CEDAW. Therefore, this article showcases those gray areas and suggests possible solutions that could be practically implemented to overcomes those shortcomings.

Key Words: Women’s Rights, Non-Discrimination Based on Gender, Right to Education, Violence Against Women.

I. INTRODUCTION

The convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the only key international legal instrument which is exclusively dedicated towards the protection of the rights of the women . It has been described as the landmark treaty in the struggle of women’s rights and as constituting an international bill of rights of the women. The convention applies to all forms of discrimination against women and is not limited to specific fields spelled out within it. Discrimination against women is defined in terms of its impact on women’s equal enjoyment of their human rights and fundamental freedoms.

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