Advanced Training Programme on Human Rights and Fundamental Rights conducted by the Center for the Study of Human Rights, University of Colombo

1. Fundamental Rights and Human
Rights Remedies Under Domestic
Law
Advanced Training Programme on Human Rights
and Fundamental Rights
Kusal Kavinda Amarasinghe
LL.B (Hons), Faculty of Law ,University of Colombo, Sri Lanka
Center for the Study of Human Rights,
University of Colombo

2. Right to Effective Remedy
 Article 08 of UDHR
Everyone has the right to an effective
remedy by the competent national
tribunals for acts violating the
fundamental rights granted him by the
constitution or by law.

3. Right to Effective Remedy
 Article 17 of Constitution of Sri Lanka
Every person shall be entitled to apply
to the Supreme Court, as provided by
Article 126, in respect of the
infringement or imminent infringement,
by executive or administrative action,
of a fundamental right to which I such
person is entitled under the provisions
of this Chapter.(Chapter III –
Fundamental Rights)

4. Judicial Remedies
Judicial Hierarchy in Sri Lanka

5. Supreme Court of Sri Lanka
Article 118. of the Constitution
The Supreme Court of the Republic of
Sri Lanka shall be the highest and final
superior Court of record in the Republic and
shall subject to the provisions of the
Constitution exercise
(a) jurisdiction in respect of constitutional
matters ;
(b) jurisdiction for the protection of
fundamental rights ;
(c) final appellate jurisdiction ;
(d) consultative jurisdiction ;
(e) jurisdiction in election petitions ;
(f) jurisdiction in respect of any breach of
the privileges of Parliament ; and
(g) jurisdiction in respect of such other
matters which Parliament may by law vest
or ordain.

6. Article 126 in Constitution
126. (1) The Supreme Court shall have
sole and exclusive jurisdiction to hear
and determine any question relating to
the infringement or imminent
infringement by executive or
administrative action of any
fundamental right or language right
declared and recognized by Chapter
III or Chapter IV.

7. Article 126 in Constitution
(2) Where any person alleges that any such
fundamental right or language right relating to
such person has been infringed or is about to be
infringed by executive or administrative action,
he may himself or by an attorney-at-law on
his behalf, within one month thereof, in
accordance with such rules of court as may be in
force, apply to the Supreme Court by way of
petition in writing addressed to such Court
praying for relief or redress in respect of such
infringement. Such application may be
proceeded with only with leave to proceed first
had and obtained from the Supreme Court, which
leave may be granted or refused, as the case
may be, by not less than two judges.

8. Case Law
 Somawathi vs, Weerasinghe
(S. C. APPLICATION, No. 227/88)
 Sriyani Silva vs, Iddamalgoda
(SC NO. 471/2000 (FR)

9. Supreme Court Rule
No.2090/16 2018-09-26
Every Petitioner who files any application
and/or appeal inclusive of application under
Article 126 of the Constitution, to the
Supreme Court shall file together with such
application, a memorandum as set out in the
Schedule of these rules nominating at least
one person and not more than three persons
in order of preference to be his legal
representative for the purpose of prosecuting
his application in the event of the Applicant’s
death and/or change of status in cases where
the application and/or appeal survives the
death and/or change of status of the
petitioner.

10. Other Judicial Remedies
Under Criminal Law – High Court
Infringement of Article 11 of the Constitution
Convention Against Torture And Other Cruel,
Inhuman Or Degrading Treatment Or Punishment Act
No 22 Of 1994
Section 4(1) – jurisdiction to High Court
Section 2(5) - An offence under this Act shall be a
cognizable offence and a non-bailable offence,
Under Delict Law – District Court
Aquilian Action

11. Non-Judicial Institutions related
to HR and FR
 Human Right Commission of Sri
Lanka
 Official Languages Commission Sri
Lanka
 Parliamentary Commissioner of
Administration (Ombudsman)
 Right to Information Commission

12. Human Rights Commission of Sri
Lanka
 Act No. 21 of 1996 to establish the Human
Rights Commission of Sri Lanka.

The Human Rights Commission of Sri Lanka is
an independent Commission, which was set up
to promote and protect human rights in the
country.
 Prior to the establishment of the Human Rights
Commission of Sri Lanka (HRCSL), two different
institutions had been promulgated under
emergency regulations; the Human Rights Task
Force (HRTF) to prevent illegal arrest and
detention and the Commission for Eliminating
Discrimination & Monitoring of Human Rights
(CEDMHR) to prevent discrimination.

13. Official Languages Commission
 Official Languages Commission Act, No. 18 of 1991
Section: 06 - The general objects of the Commission
 (a) to recommend principles of policy, relating to the use of
the Official Languages, and to monitor and supervise
compliance with the provisions contained in Chapter IV of
the Constitution;
 (b) to take all such actions and measures as are necessary
to ensure the use of the languages referred to in Article 18
of the Constitution in accordance with the spirit and intent
of Chapter IV of the Constitution;
 (c) to promote the appreciation of the Official Languages
and the acceptance, maintenance, and continuance of
their status, equality and right of use;
 (d) to conduct investigations, both on its own initiative, and
in response to any complaints received, and to take
remedial action as provided for, by the provisions of this
Act.

14. Parliamentary Commissioner of
Administration (Ombudsman)
Parliamentary Commissioner or the
Ombudsman is in the forefront among other
authorities which grant redress against
injustices such as infringement of
fundamental rights and violation of human
rights, done to the members of the public by
public officers.

15. Right to Information Commission
Right to Information Act, No. 12 of 2016.
The Right to Information Commission is the
central oversight and enforcement agency
established under the Right to Information
Act, No. 12 of 2016, established under
Section 11 of the RTI Act. It is a statutorily
independent body which has powers to hold
inquiries into complaints on non- compliance
and to recommend disciplinary actions
against offending officials. It also has the
powers to prosecute those who commit
offences defined in the Act. [Sections 15, 38
(2) and 39 (4)]

16. Questions?