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by Chitra Karunaratne, Gender Specialist, Ministry of Policy Development & Implementation

The convention on the elimination of all forms of violence against women was adopted by the General Assembly of the United Nations in December 1979. This was as an initiative taken within the United Nations Commission on the Status of Women. The Convention constitutes the International bill of rights for women. Its preamble recalls that the elimination of discrimination against women & the promotion of equality between women are central principles of the United Nations & constitute binding obligations under the Charter of the United Nations & other instruments.

The Women's Charter of Sri Lanka indicates that "The State shall take all measures to promote social & cultural attitudes with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either gender and stereotype roles of men & women...."

Women’s issues to the fore

However, the existing machinery has been insufficient to guarantee the protection of women's human rights. The new amendments to the Penal code regarding incest, rape, trafficking and sexual harassment percolate only through the Police & the Judiciary. Reforms to the Penal code on domestic violence, marital rape, and abortion are therefore necessary.

The important questions to raise are:

- Are there laws or policy statements that define discrimination against women?

- Do they include in their definition any act which causes or results in a difference of the treatment of women in comparison to men?

- Are there any policies or practices of government and other public institutions that discriminate against women?

- Can the area in which the women are discriminated be identified? What means are used to identify those areas?

- What are the practical obstacles that prevent women from attaining their full development, fundamental freedoms or equal rights?

It's important to focus attention on the problems faced by rural women & the significant roles they play in the economic survival of their families including their work in the non-monetized sectors of the economy.

They should have access to adequate health care facilities including information, counselling and services in family planning and to benefit directly from social security programmes. It is also important that rural women obtain all types of training and education, formal & non formal, including that to functional literacy and the benefit of all community and extension services in order to increase their technical proficiency....

Access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land play a significant role in the survival of the rural families & communities. However, rural women receive little or no recognition for their efforts and they are often denied access to the results of their work or the benefits of the development process.

We have to bear in mind whether rural women are aware of their rights? The need for awareness programmes for rural women are therefore identified. The next important area is the political & public life of women, Questions to ask are;

- What percentage of the members of political parties are women? What measures are being adopted by political parties to increase women's membership?

- What percentage of women stand as candidates for publicly elected bodies, locally or nationally?

- Are there any factors that prevent women's political participation?

- What measures have been taken to ensure that women participate in public life?

- Are there any barriers for women to participate in trade union activities?

- Are women prisoners or detainees subject to sexual abuse?

- To what extent are women's organizations actively involved in policy making? Recently, the newspapers highlighted that the Private Banks in Sri Lanka are reluctant to recruit women candidates and conditions have been imposed 'not to get pregnant' for a specific period after recruitment. The right to work is a right of all human beings and women should have the same employment opportunities as men.

Women should have the free choice of profession and employment, the right to promotions, job security, and all benefits and conditions of service and the right to receive vocational training and re-training and equal remuneration. The employers have the obligation to provide special protection to women during pregnancy in areas of work proved to be harmful to them. It is well known that there is indirect discrimination against women in the workplace in male dominated places. Discrimination within the workplace is a threat to the redevelopment of human resources. The women have to fight harder for their right for promotions, training programmes.

Policy development within institutions is therefore an urgent need. Most countries in the West have developed policies to lobby against discrimination and have introduced paternal leave so that the responsibility of the child is shared by both parents. It also necessary to introduce legislation to prohibit dismissal of women on the grounds of maritial status or maternity leave and also introduce measures to address sexual harassment and violence against women in the workplaces.

Adequate representation of women as members of Selection Committees would prevent discrimination at recruitment level and unfair questions raised by the panel. Equal access to health care is another important area.

We must ensure that women have equal access to family planning services. Medical care in the postnatal period free of charge is vital. All legal & social barriers that obstruct access to health care for all women including those with disability have to be removed. The state is responsible for women to receive adequate nutrition during pregnancy and lactation and also to make available the hospitals, clinics, other facilities such as family planning workers, nurses & other auxiliary services.

In order to ensure the equality of men and women in matters of education, it is important to apply the same conditions for men and women with regard to career and vocational guidance, and access to studies in all educational institutions in both rural & urban areas. Attention should be paid to meet the needs of young mothers to complete their education programmes. Action should be initiated to encourage these women to re-enter the labour force without a break in service.

The children of migrant women also have the basic right of access to education and therefore the State has to give priority to this need. A higher percentage of the refugees and displaced persons are women & children and they face many problems, illtreatment and abuse. They need adequate support, counselling, health care, education & other facilities.

Legislation to eradicate sexual violence, abuses in the family, sexual harassment at the workplace needs careful consideration by those responsible. Diri Piyasa conducts awareness programmes among families on the extent of violence and its impact on women and their families.

The activities of Diri Piyasa centres need further expansion to achieve its objectives. Effective counselling for husbands of victims definitely needs further strengthening. Propagation of pornography, and the depiction and other commercial exploitation of women as sexual objects, rather than individuals contributes to a great deal to gender based violence.

Measures that are necessary to overcome family violence should include;

- Criminal penalties where necessary and civil remedies in case of domestic violence

- Legislation to remove the defence of honour in regard to the assault or murder of a female family member

- Rehabilitation programmes for perpetrators of domestic violence

- Support services for families where incest or sexual abuse has occurred. As said earlier, the legal system should not turn a blind eye to domestic violence, often women who totally depend on their husbands financially are subject to domestic violence; it is a common factor that most women tolerate all kinds of harassment by their alcoholic husbands for the sake of their children.

The development of a national plan of action to promote the protection of women against any form of violence or to include provisions for this purpose in plans already existing would be a step in the right direction.

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