The need to revisit the law relating to working women: a Sri Lankan approach

Abstract

The status of women both in their matrimonial homes as well as in their places of work is circumscribed by the lack of sexual autonomy. Gender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men. The United Nations encourages its member states to take necessary measures without reservation to abide by International Conventions concerning women. Article 12 of the Constitution of Sri Lanka guarantees equal protection of law. In addition, Article 12(4) of the Constitution permits the enactment of special laws for the advancement of women. The lack of strong legislations and the mechanism for its enforcement results the violation of fundamental rights of women workers under the Articles of Chapter III of the Constitution 1978. The researcher has identified two specific areas which require the attention of the law makers. The objective of the research is to identify the existing laws relating to matrimonial leave and sexual harassment of working women in Sri Lanka, and how far the national legislations are harmonized with the provisions of the International labour Conventions. Another objective is to identify the inadequacy of law in Sri Lanka and to give suggestions and recommendations for incorporating appropriate laws for the promotion and protection of the rights of working women. The research will consist of the study of the International Conventions, Recommendations, Committee Reports, Legislations of Sri Lanka and India, Constitution of 1978, judicial decisions and other relevant materials.