https://ir.kdu.ac.lk/handle/345/7606 2026-04-22T01:20:20Z https://ir.kdu.ac.lk/handle/345/7614 A Balancing Approach on ‘Right to Patent’ and ‘Right to Health’ during the COVID-19 Pandemic Kodituwakku, Ridmani This paper examines the global COVID-19 Pandemic, and the health sector’s response to it, with challenges to uphold Human Rights in a Crisis. There are difficulties for the people in accessing to medicines due to the restrictive role that is played by the patent system in the process of Intellectual Property Law. Therefore, there is a conflict between the Right to Patent and the Right to Health. With reference to the global Intellectual Property system, this article discusses the problems faced in access to medicines due to the intellectual property rights, and provides suggestions as to how these problems may overcome in the interests of promoting public health while balancing Right to Patent for the best interests of the society. To achieve this aim, qualitative methodology has been used by referring to primary and secondary sources of law. 2024-09-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/7613 A Study on the Sex Workers’ Movement: Looking beyond Indian Legislation Kumar, Akhilesh Sex work, involving the provision of sexual services in exchange for payment, is a prevalent practice in India. Despite being a signatory to numerous global agreements on women’s rights and having legislation prohibiting gender discrimination and abuse, India has failed to adequately safeguard the human rights of females, particularly those engaged in sex work. This paper explores the diverse nature of sex work in India, examining three distinct urban zones and challenging the inaccurate stereotype that portrays sex workers solely as oppressed victims. The paper delves into the legal landscape surrounding sex work in India, analysing the rights of sex workers and detailing the various legal provisions applicable to them. Historically, sex workers and their children have been among the most marginalized and neglected groups in society. However, recent attention from the Supreme Court has shed light on their plight, offering them the much-needed recognition they deserve. This article aims to illuminate the status of prostitution in India by scrutinizing pivotal judicial decisions that have shaped the legal framework surrounding sex work over time. 2024-09-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/7612 Examining the Consequences of Corporal Punishment on Children in Sri Lanka: A Study of Child Rights and Legal Frameworks Manoj, Danushka; Panditharatne, Wasana; Jeewanthi, Geethani Corporal Punishment is a controversial issue globally, and Sri Lanka is not an exception. Although the government of Sri Lanka has introduced various legislative measures to prohibit Corporal Punishment, it is still widely used as a disciplinary measure in homes, schools, and other institutions. This research article aims to examine the legal perspective of Corporal Punishment in Sri Lanka, including the existing laws and their implementation. The article also explores the implications of Corporal Punishment on children’s physical and mental health, education, and human rights. The research has been carried out by analyzing existing literature subjective to qualitative analysis. Primary legal sources such as constitutional provisions, legislative enactments, Conventions and decided case laws have been used for the analysis. Further, journal articles, books, policy papers and writings of the highest authorities in the field, and other observations made on the subject by reputed scholars have been used as secondary sources to enhance the outcome of this research. The research findings suggest that despite the legal prohibition, corporal punishment remains prevalent in Sri Lanka due to various socio-cultural and economic factors. The article concludes by emphasizing the urgent need for effective law enforcement, public education, and awareness-raising campaigns to eliminate Corporal Punishment in Sri Lanka. 2024-09-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/7611 A Study of the Allegation of Denial of Humanitarian Assistance - An Analysis of the Charge against Sri Lanka in the OISL Report Goonaratne, Raja In 2009, Government of Sri Lanka militarily defeated the three decades old separatist armed conflict spearheaded by Liberation Tigers of Tamil Eelam. In 2015, Office of High Commissioner for Human Rights conducted an investigation as requested by the Council of Human Rights. High Commissioner for Human Rights made 11 allegations in its final report and one of them is the denial of humanitarian assistance to civilians. The objective of this paper is to analyze this allegation. The research question is; did the Government of Sri Lanka deny humanitarian assistance to civilians during the last phase of operations in 2009? The qualitative methodology combined with doctrinal legal research methods were used for this purpose. Accordingly, the OISL Report, local and international sources such as local Acts, government reports, international treaties, resolutions of the relevant international bodies were used as primary and secondary sources. The main finding shows that parties to armed conflicts are legally bound to provide unhindered access to humanitarian assistance to civilians. The allegation against the Government of Sri Lanka is observed to be untenable in the absence of credible evidence. On the contrary, it is observed that the Government of Sri Lanka has provided relatively reasonable humanitarian assistance to civilians entrapped in the conflict zone. 2024-09-01T00:00:00Z