Introduction:

Why are Human Rights of the family ignored?

The Magna Carter of the modern explosion of human rights movement in the world is the Universal Declaration of Human Rights (UDHR) of 1948 - UN General Assembly adopted the UDHR by Resolution 217 A on December 10, 1948.

The Universal approach to human rights promotion worldwide during the last six decades mostly led by the west underpins their preference for promotion of selective parts of the UDHR.

Let us take the example of the Family rights. Article 16 (3) of UDHR Declares that "The family is the natural and fundamental group unit of society and is entitled to protection by society and state."

The modern human rights advocates and their financial supporters have completely ignored the core human right of family which is the basis of human organization.

I am yet to see an Human Rights NGO dedicated to the promotion or protection of the family as the basic unit of society. On the contrary, there are innumerable rights advocates who promote individual rights which has weakened or wrecked families worldwide.

To give a few examples, the right of single motherhood supported extensively in the Scandinavian countries, having children out of wedlock, curbing of parental rights to impose a sense of discipline in growing children within the family, provision of legislative authority to invade family privacy of the home or domestic disputes all are contrary to UDHR provisions under Section 16 (3).

But no voices are heard or encouraged to protect the important Human Rights provision which is deliberately eroded in a systematic manner. 192 Member States of the United Nations are partly to be blamed for this unfortunate omission.

Only a very few countries have incorporated UDHR provisions in their Constitutions in entirety. In the case of Sri Lanka the 1978 Constitution selected only five UDHR rights out of thirty to be incorporated in the Constitution.

With modern judicial trend of ignoring international humanitarian law unless incorporated by national acts of Parliament, it is unlikely to expect to judicial interpretations in keeping with the total spirit of UDHR.

Sri Lankan Society has been a family based society, each member with traditional rights and duties to fellow family members. These bonds are rapidly breaking down with increasing emphasis being placed on individual rights. The parents abandon children and the children neglect again parents.

The highest number of cases in the courts are either maintenance or divorce cases. Protection of children from sexual exploitation and incest has become virtually impossible. We pass legislations to weaken family bonds while very few or no State attempts have been made to preserve the integrity of the family.

The Legal Aid Commission strongly urges the Constitution makers to incorporate UDHR 16 (3) which casts mandatory duty on State and society to protect the family as a fundamental right in the new Constitution.

Until then we can make a start by celebrating the forthcoming Human Rights Day on December 14 as the "Family Rights Day".

S.S. Wijeratne

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Questions and Answers

Revocation of Power of Attorney

Question: I have given my Power of Attorney to my cousin. I now want to revoke the said Power of Attorney. Can you please advice me how this could be done.

A. Jeganathan, Mattakkuliya.

Answer: You can revoke your Power of Attorney which was given to your cousin by letter. You have to inform him the date of revocation of the Power of Attorney and at the same time you have to publish the said notice in the national newspapers indicating that you have already revoked the Power of Attorney given to him. If you wish to, you can also publish the said notice in the Government Gazette. However it is not compulsory.

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How to get rid of tenant using premises for illegal purposes

Question: My building has been rented out to one Mr. Fernando and he is paying the electricity bill under my name. The rent too is being paid in my favour. However he is using the premises for illegal purposes.

I informed the Electricity Board to disconnect the electricity but the Electricity Board has refused to do so.

Kindly let me know what action can I take against Mr. Fernando?

G. G. Yapa, Kesbewa.

Answer: If your tenant is paying the electricity bills promptly, you have no right to inform the Electricity Board to disconnect the electricity line used by him. However, under the provisions of the Rent Act, if the tenant is using the premises for illegal purposes, you can make a complaint to the police.

In that manner you have a right to terminate his tenancy and give notice to vacate the premises on a given date.

If your tenant fails to vacate the premises on the given date, you can then proceed to file action in the District Court and take the necessary steps to eject your tenant, his servants, agent and any person under him. You also have the right to recover damages until handing over vacant possession of the said premises.

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Forfeiture of Gratuity

Question: Could you please let me know whether gratuity could be forfeited and on what grounds can it be forfeited?

Frederick de Silva, Kotte.

Answer: The Employer is entitled to make deductions from the gratuity payable under the Gratuity Act in the following circumstances:

(a) the termination of services for reasons of fraud, misappropriation of the employer's funds.

(b) the termination of services for wilful damage to the property of the employer.

(c) the termination of services for causing the loss of goods, articles or property of the employer.

The forfeiture can be made only to the extent of the damage or loss caused. Loans and advances cannot be deducted from gratuity payments. A Labour Tribunal can review the amount deducted from gratuity payments.

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Functions of Industrial Courts

Question: I am interested to know what an Industrial Court is and what are the functions, powers and duties of Industries Courts?

K. Jeevan, Mutwal.

Answer: An Industrial Court is constituted from a panel of persons appointed by the President from time to time. The members of the panel are appointed for one year. The Minister of Labour is entitled to refer an industrial dispute to an Industrial Court consisting of one person or three persons selected from the aforementioned panel.

The type of dispute referred by the Minister to an Industrial Court is the same as those referred to an Arbitrator.

The functions, powers and duties of an Industrial Court are the same as that of an Arbitrator, except for the following:

An Industrial Court may sometimes act as an Appellate Body. Under the Act, any query with regard to the nature, scope or effect of the recognized terms and conditions in any industry, or as to whether an employer is observing such conditions are decided by the Commissioner of Labour, subject to an appeal to an Industrial Court whose decision is final.

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I have life interest in the property. Can I sell it?

Question: My husband died leaving a property which was gifted to a son and daughter keeping the life interest in my favour. My son and daughter are living and employed abroad. I want to know whether I can sell the property?

K. Anula, Kalutara.

Answer: You cannot sell the said property since you have no title to the property. You are only holding the life interest in respect of the said property.