An Analysis of the existing laws on victim protection in relation to the victims of offences of gender based violence in Sri Lanka, along with the existing international standards.

2. Structure
What is Gender Based
Violence
International
standards
Loopholes in Sri
Lankan Law to Address
the victims of Gender
Based Violence
Need for a Legal
Regime to Address the
Issues Relating to
Victims of Gender
Based Violence
Recommendations

3. Objective of the Research
• The main objective of this research is to introduce a
gendered perspective towards victim protection, so that
any new law would be effective to address the existing
issues and failures to protect victims of gender based
violence.
• The research attempts to identify the various instances of
gender based violence especially, in order bring in the
gendered perspective to the law.

4. Research Methodology
Legal Research
Methodology
Use of primary
and secondary
sources of law
Qualitative data
gathering and
analysis

5. What is Gender Based Violence ?

6. What is Gender Based Violence ?
• The first official definition of GBV was offered in 1993- UN
Declaration on the Elimination of Violence Against Women
• Article 1 : any act of GBV that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts, coercion
or arbitrary deprivations of liberty, whether occurring in public or in private life.
• Article 2- the definition should encompass, but not limited to acts of physical, sexual and psychological
violence in the family, community or perpetrated or condoned by the State, wherever it occurs. These
acts include
spousal battering
sexual abuse – including of female children
dowry related violence
rape including marital rape
female genital mutilation/ cutting and other traditional practices harmful to women
non-spousal violence
sexual violence related to exploitation
sexual harassment and intimidation at work
trafficking in women
forced prostitution and
arbitrary deprivation of liberty whether occurring in public or private life.

7. What is Gender Based Violence ?
• The 1995 Beijing Platform for Action expanded on the
UN definition specifying that GBV also includes:
Violation of rights of women in situations of armed conflict – systematic
rape, sexual slavery and forced pregnancy forced sterilization forced
abortion, coerced or forced use of contraceptives
Parental sex selection
Female infanticide

8. Who is a Victim?
• Assistance to and Protection of Victims of Crime
and Witnesses Act, No. 4 of 2015
Section 46 – Interpretation victim of crime” means a person including a
child victim
who has suffered any injury, harm, impairment or
disability whether physical or mental, emotional,
economic or other loss, as a result of an act or omission
which constitutes an alleged—
(a) offence under any law ; or
(b) infringement of a fundamental right guaranteed
under Articles 13(1) or (2) of the Constitution, and includes a person
who suffers harm as a result of intervening to assist such a person or
to prevent the commission of an offence, and the parent or guardian
of a child victim of crime and any member of the family and next of
kin of such person, dependents and any other person of significant
importance to that person ;

9. Gender Based Violence in Higher Education
Institutes in Sri Lanka
• The disparity and discrimination of the right to equality guaranteed by
Article 12 of the Constitution of Sri Lanka is not a reality to be seen in
most of the higher education institutions.
• While the number of female students are markedly higher than the
number of male population (Ex: Law Faculty of the University of Colombo
the female to male ratio is a staggering 1:6 ) however the students council
memberships are held exclusively by the male students.
• Lack of proper, available and accessible counseling services in the higher
education institutions. Lack of proper training for the counselors.
• Use of ragging as a means of exerting control over the junior students
despite the existence of the Ragging Act and the policy adopted recently
to introduce a leadership training for the new freshers.

10. International treaties ratified by
Sri Lanka – relevant to GBV
• International Covenant on Economic, Social and Cultural Rights
(ICEC of UNGA Resolution 2200A (XXI) of 16th December 1966
• 1980- UDHR of 1948
• 1981 UN Convention on all forms of Discrimination Against
Women (CEDAW of 1979)
• 1993 UN Declaration on the Elimination of Violence Against
Women (DEVAW of UNGA resolution 48/104 of 1993

11. • CEDAW - legally binding framework for state
measures to end discrimination against women in all
spheres of life: the political, economic, social,
cultural, civil or any other field.
• Convention does not explicitly mention violence
against women. The reason for this omission is that
in the 1970s, when the text of CEDAW was drafted,
GBV, in particular violence committed in the home,
was not yet regarded as a human rights issue.
What is Gender Based Violence ?

12. • CEDAW Committee in 1992 adopted General Recommendation
No. 19 on violence against women.
• CEDAW standards for an effective state response to GBV
(General Recommendation No. 19):
• Ensure that laws against GBV give adequate protection to all women. Effective legal
measures include penal sanctions, civil remedies and compensatory provisions.
• Implement gender-sensitive training of public officials including judges and police.
• Provide women survivors with effective complaint procedures and remedies,
including compensation.
• Establish or support appropriate protective and support services for women who
have experienced or are at risk of violence, rape, sexual assault and other forms of
GBV. This includes an obligation to provide shelters, specially trained health
workers, rehabilitation and counseling services, and to ensure that such services
are accessible to rural women.
• Undertake preventive measures, including public information and education
programmes to overcome attitudes, customs and practices that perpetuate GBV.
• Compile statistics and research on the extent, causes and effects of GBV, and on the
effectiveness of measures to prevent and respond to violence.

13. Other International Instruments that address GBV and
Victim Protection
• The Programme of Action adopted at the 1994 International
Conference on Population and Development (ICPD) in Cairo
• Agreed Conclusions of the 57th session of the Commission on
the Status of Women-by The Commission on the Status of
Women (CSW) at its 57th session in 2013
• Council of Europe Convention on preventing and combating
violence against women and domestic violence (Istanbul
Convention)-7 April 2011, the Committee of Ministers of the
Council of Europe adopted the Convention.

14. Laws and Policies in Sri Lanka aimed at Protecting
Victims of GBV
• 1993- Women’s Charter was formulated
• Ministry of Women’s Affairs had initiated an action plan to address
the issue of violence through the National Committee on Women
• Sri Lanka Medical Association has established the Women’s Health
Committees and the Gender Focal point in Ministry of Health was
established by the Family Health Bureau
• Sri Lanka Police has a separate wing to address issues of women
and children.
• Prevention of Domestic Violence Act (PDVA) – 2005

15. PDVA Legal provisions:
• The Act has provided that any person who suffers or is likely to suffer
such violence is able to seek protection from a Magistrates Court. The
Magistrates court is given the power by the Act to issue Interim
Protection Orders summarily, which is valid until the conclusion of the
inquiry.
• The power to issue an Interim Order is provided for by Section 5 of the
Act. Upon an inquiry of the matter the court is empowered by section 6
to issue Protection Order. The protection orders can be issued even in
the absence of the respondent if the court is satisfied, on a consideration
of the evidence that it is necessary to issue a Protection Order (section 7).
• The only mechanism provided for the enforcement of the order is a
summary trial before the Magistrate resulting in a fine not exceeding ten
thousand rupees or imprisonment or both. (section 18). The
implementation of the order is hence not ensured or guaranteed.
• The Act has defined emotional abuse as “a pattern of cruel, inhuman and
degrading or humiliating conduct of a serious nature directed towards an
aggrieved person’

16. Issues in implementation of PDVA
• The cultural norms of the society
• The law fails to make provisions regarding the standards of abuse
and on how to measure the emotional abuse. As revealed through a
discussion with a medical professional, Sri Lankan law has no
provision to address the impacts of post-traumatic stress disorder
caused as a result of the domestic violence or abuse. There is no
mechanism in Sri Lanka to identify whether a victim is suffering
from the post traumatic stress disorder or not. This in turn results in
false statistics with reference to the number of victims.
• There is no state regulated service mechanism or support system to
assist the survivor.
• Lacuna in accessible, free and available medical, psychological and
legal advisory care.

17. Latest Government Initiative
• Assistance to and Protection of Victims of Crime and
Witnesses Act, No. 4 of 2015
• The long title of the Act sets out that it is to “provide for the setting
out of Rights and Entitlements of Victims of Crime and Witnesses
and the Protection and Promotion of such Rights and entitlements;
to give effect to appropriate international norms, standards and
best practices relating to the protection of victims of crime and
witnesses; the establishment of the National Authority for the
Protection of Victims of Crime and Witnesses; Victims of Crime and
Witnesses Assistance and Protection Division of the Sri Lanka Police
Department; Payment of compensation to victims of crime;
establishment of the victims of crime and witnesses assistance and
protection fund”.

18. Features of the Act
• Recognition of Rights and entitlements of victims
• Introduction of offences relating to victims and
witnesses.
• Establishment of a separate Authority and a fund

19. Recommendations
• Salutary features in the laws needs to be complimented by effective policies:
-policies relating to free and accessible medical and psychological care
-policies to provide free and available legal advice.
-a national policy for a care and service centre to house the victims.
-educational policies to ensure that the school curricula addresses GBV –
awareness for male and female students
-professional training programmes for counselors at the primary, secondary
and tertiary educational levels.
• The law reforms need to focus on the latest developments in the medical,
psychological and health care fields.

20. Recommendations Cont….
• Assistance and protection of victims is not to be seen as an isolated act but
more as an integral policy of all the related departments and ministries.
Educational
polices
Ministry
Women’s
Affairs
Education
ministry
Police &
legal
community
Health
ministry Legal policies
Ministry
Women’s
Affairs
Education
ministry
Police &
legal
community
Health
ministry

21. Recommendations Cont…
• The efforts of the Women's Affairs Ministry and the Police and other civil
society initiatives need to be streamlined to effectively address the root
causes and implement the law in a sustainable manner.
Government
Ministries
Departments
Civil
Society
Individuals

22. Recommendations Cont…
• In order to address the issues of the victims of gender based violence
especially in relation to the Higher Education Institutions there needs to be
a confidential mechanism available for the students to make their
complaints. This mechanism should enable the students to bypass the
established hierarchies in the institution.
• Encouragement for the students to report a matter related to them or a
matter they are aware of.
• The perception prevalent among the students and the lecturers is that it is
a personal matter!
• Practical implementation mechanisms can go a long way in helping
another.

23. Recommendations Cont…
• Need to change the culturally embedded stereotypes.
“Sexual, racial, gender violence and other forms of discrimination and
violence in a culture cannot be eliminated without changing the culture.”
- Charlotte Bunch -
• Empowering women has gone a long way in educating the woman and helping
her gain independence
however the educational policy also needs to address the attitudes and values
of the educators and the educated.
• Need to ensure that there is a community based support system for the victims
of GBV.
• Media – to be more responsible than making GBV a sizzling issue to tantalize
the crowds.
• Overall a holistic change and acceptance of the fact that tradition and culture
are not to remain static, but they are dynamic.

24. Sources
International Instruments
• UDHR of 1948
• International Covenant on Economic, Social and Cultural Rights (ICEC of UNGA
Resolution 2200A (XXI) of 16th December 1966
• 1981 UN Convention on all forms of Discrimination Against Women (CEDAW of
1979)
• 1993 UN Declaration on the Elimination of Violence Against Women (DEVAW of
UNGA resolution 48/104 of 1993
• UN Declaration on the Elimination of Violence Against Women 1993
• The Programme of Action adopted at the 1994 International Conference on
Population and Development (ICPD) in Cairo
• Council of Europe Convention on preventing and combating violence against women
and domestic violence (Istanbul Convention)-7 April 2011, the Committee of
Ministers of the Council of Europe adopted the Convention
• Agreed Conclusions of the 57th session of the Commission on the Status of Women-
by The Commission on the Status of Women (CSW) at its 57th session in 2013

25. Sources
Laws
• Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015
• Prevention of Domestic Violence Act No. of 2005
Other Sources
• C. Kodikara & T. Piyadasa, Domestic Violence Intervention Services in Sri Lanka, An
Exploratory Mapping, 2009-2011, ICES with Women Defining Peace.
• S. Jayaweera, H. Wijemanne, L. Wanasundera, K.M. Vitarana, Gender Dimensions of the
MDGs in Sri Lanka, Centre for Women’s Research, 2007
• Guidelines for Gender-based Violence Interventions in humanitarian settings Focusing
on Prevention of and Response to Sexual Violence in Emergencies
http://www.gdnonline.org/
• Gender-based Violence Tools Manual, For Assessment & Program Design, Monitoring &
Evaluation in conflict-affected settings, http://reliefweb.int/
• Review of Research Evidence on Gender Based Violence in Sri Lanka, 2nd ed, SLMA,
2011
• Strengthening the Health System Responses to Gender-based Violence, A Resource
Package, http://www.health-genderviolence.org/
• http://www.seigualdad.gob.es/violenciaGenero/portada/home.htm

26. Thank you !