Inclusions and exclusions in law: experiences of women with disability in rural and war-affected areas in Sri Lanka

Abstract

Broad and inter-disciplinary inquiry into disability is at a nascent stage in Sri Lanka. This paper looks at the intersectionality of disability and gender in the specific contexts of ‘the rural’ and the armed conflict-affected areas of the country, particularly the interaction with the law. In-depth interviews and focus group discussions were conducted among rural women with disabilities in the North Central and Eastern provinces, including women who acquired disabilities resulting from the internal conflict. Legal literacy, administrative discretion in disability-related welfare programmes, and transitional justice and reconciliation emerged as the most prominent themes in the interviews. We analyse these issues using a rights framework in an attempt to highlight some of the vulnerabilities of women with disability in the rural and war-affected contexts. The paper also reflects on a few instances where those vulnerabilities have been overcome through collective action.

Keywords:

• disability
• gender
• rural
• Sri Lanka
• law
• justice

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1. Sri Lanka has committed to the Biwako Millennium Framework for Action and Biwako Plus Five, and the Incheon Strategy, all adopted by the United Nations Economic and Social Commission for Asia and the Pacific. Their goals include a commitment to ratify and implement the CRPD; to ensure gender equality and women’s empowerment; and to reduce poverty and increase job opportunities (ESCAP 2012).

2. See Bulankulama v Secy Min of Industrial Development [2000] 3 Sri LR 243.

3. The Sri Lankan Constitution contains a chapter on Fundamental Rights (Chapter 3) where the only reference to disability is found in relation to the right to equality (Article 12(4)), wherein this right shall not prohibit any measures being adopted for ‘women, children and disabled persons’. Recent jurisprudence of the Supreme Court has restricted the scope of this provision, however, and caused confusion as to its meaning. For an analysis of this determination, see Samararatne (2013).

4. These laws include the Mental Diseases Act No. 27 of 1956; the Rana Viru Seva Authority Act No. 54 of 1999; and the Election (Special Provisions) Act No. 28 of 2011.

5. Section 23 of the Protection of Rights of Persons with Disability Act No. 28 of 1996 as amended.

6. See the Media Centre for National Development website. www.development.lk (accessed July 13, 2014)

7. A new national government was elected in January 2015 on a strong political mandate of socially just development, peace and reconciliation.

Additional information

Funding

This work was supported by the Faculty of Arts and Social Sciences, UNSW Australia.