“Abandoning the Sinking Ship or Solo in a Battle Ground?” Role of Sri Lankan Judiciary in Strengthening of De-Jure Equality among Genders

Abstract

This research aims at re-evaluating the Sri Lankan judiciary’s adherence into the concept of the de-jure equality between genders as set forth in the Convention on the Elimination of all forms of Discrimination against Women (Herein after referred to as CEDAW). The main objective of the research is to analyse the judicial interpretations/approaches on the concept of dejure equality between genders under Sri Lankan Law. Secondary objective is to evaluate the whether the Sri Lankan judiciary has creatively and progressively interpreted the concept of dejure equality, in absence of an enabling statute for CEDAW in the domestic jurisdiction. On the other hand, it should also be considered that Sri Lanka has signed and ratified CEDAW, therefore, as a state party, it indicates the positive intention on implementing CEDAW in the domestic jurisprudence. To achieve the above indicated objectives, researchers utilize the relevant theoretical framework and selected case law decided by the Supreme Court of Sri Lanka. Research methodology is qualitative and further, it adopts legal research methodology, which is fundamentally desk research. It should be verified that for the analysis on case law, cases were selected based on the purposive sampling method. Outcome of the research is focused on policyimplementation.