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Browsing Department of Private & Comparative Law by Issue Date

Browsing Department of Private & Comparative Law by Issue Date

Now showing items 1-20 of 39

Protection

Wijeyesekera, Rose (2007)

Children, irrespective of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, need special care and protection. Hence every child has a right ...
Sustainable Development and Peace

Arulanantham, S. (2009)
An Evaluation of Sri Lankan Labour Standards in the light of the Core Conventions of the International Labour Organisation

Sarveswaran, A. (2010)

Among the 188 Conventions of the International Labour Organization (ILO), eight Conventions are categorized as core Conventions. They are the Freedom of Association and Protection of the Right to Organize Convention, Right ...
The Effectiveness of the Common Law Action in Redressing Environmental Damage of War Affected Areas: Redevelopment in the Post War Scenario

Liyanage, Udapadie S. (2010)

The common law action in delict/tort in Sri Lanka is used to compensate ‘persons and property damage’ (traditional damage) caused by individuals/institutions. In redeveloping the war affected areas, damage may occur due ...
Judicial Approach for Promotion of Good Governance of Natural Resources in Sri Lanka

Sarveswaran, A. (2010)

Unsustainable exploitation, mismanagement, improper alienation and corruption relating to natural resources generate various types of conflicts mostly intra state conflicts or sometimes lead to relapse into conflicts in ...
The Applicability of Delictual Liability against Pure Economic Loss caused by Negligent Acts: A Sri Lankan Approach

Liyanage, Udapadie S. (2010)

Patrimonial loss occurred due to physical injury has been redressed by law. In delict, damage or loss is assessed in monetary means and damages are ordered by the court to compensate someone who suffered a legally compensable ...
Consumer Protection via Products Liability; is transformation needed?

Liyanage, Udapadie S. (2011)

The issue of consumer protection is at the centre of the discussion in the present scenario in which economies are open and a wide variety of goods and services available in the marketplace for human consumption. Primarily, ...
An Introduction to the Prevention of Domestic Violence Act of Sri Lanka

Wijeyesekera, Rose (2011)

It is undisputed that the numbers of people particularly women and children, who are subjected to violence at the hands of those who are close to them or somebody who is supposed to protect them, are on the increase. In ...
Who Is A Workman? A Critical Evaluation Of The Tests To Differentiate A Workman From An Independent Contractorin The Light Of Judicial Decisions

Sarveswaran, A. (2011)

A workman is governed by contract of service, and an independent contractor is governed by contract for service. However, the decision as to the nature of the contract to identify whether a person providing services to ...
A Critical Evaluation of the Termination of Employment of Workmen (Special Provisions) Act in light of balancing the Interests of Employers, Workmen and the State

Sarveswaran, A. (2011)

Social security and social justice in relation to labour relations require payment of severance compensation when employments are terminated for non-disciplinary reasons such as retrenchment and closure. The Industrial ...
A comparative analysis of some aspects of the Prevention of Domestic Violence Act of Sri Lanka: A critique

Wijeyesekera, Rose (2011)
A critical appraisal of some aspects of the Prevention of Domestic Violence Act of Sri Lanka in the context of gender equality

Wijeyesekera, Rose (2011)

Domestic violence is the most prevalent yet relatively hidden and ignored form of violence. It is recognized internationally that domestic violence, irrespective of its form, is a denial of equality, security, self-worth ...
Applicability of the defence of informed consent against medical negligence in the scope of a patient’s autonomy: A Sri Lankan perspective

Liyanage, Udapadie S. (2011)

Informed consent is a concept that evolved in the developed countries in the west where they have allegedly better medical facilities for medical treatment from which medico-legal consequences arise and now it is spreading ...
The uncompromising partners: The theory of breakdown of marriage and the adversarial judicial procedure

Wijeyesekera, Rose (2011)

The rigours of the fault-based divorce law have neither prevented the breakdown of marriages nor the divorce of married couples. In its failure to identify the actual causes and reasons which motivate a couple to seek a ...
Divorce without war; but through mediation: An inquiry of ‘mediation’ as an alternative divorce procedure for Sri Lanka

Wijeyesekera, Rose (2011)

This statement is true of Sri Lanka as well as of elsewhere. As at present, the divorce rate of Sri Lanka stands at 0.15 per 1000 people. Even though the rate is not comparatively high compared to its thirty fourth place ...
A comparative analysis of some aspects of the Prevention of Domestic Violence Act of Sri Lanka: A critique

Wijeyesekera, Rose (2011)
A culture of rights or cultural rights? Child’s right to participate in custody and Guardianship issues: Experience of Sri Lanka.

Wijeyesekera, Rose (2011)

Guardianship of children is one area where a conflict of culture and human rights occur mainly between (a) parents and children, (b) the two parents, or (c) between parents and third parties. A variation of interpretation ...
Proof of marriage: special measures for war-affected women towards reconciliation

Wijeyesekera, Rose (2011)

Proof of marriage is necessary to establish legal relationships and benefits such as inheritance rights to property, legitimacy of children, widows’ and orphans’ pension entitlements etc. that supersede marriage. As per ...
Legal Subordination of Married Women in Special Laws of Sri Lanka; A Critique on Certain Aspects of ‘Thesawalamai’ in light of the International Standards

Isankhya Udani, G.I.D. (2018)

As a human being who born free and equal in dignity and rights, and specifically, when measured up with the CEDAW standards, a married woman, irrespective of her personal law should also be capable of exercising equal legal ...
Wiping away Tears and Fear; A Critical Analysis of the Laws relating to Workplace Sexual Harassment against Women in Sri Lanka

Udani, G.I.D. Isankhya (Department of Private and Comparative Law, Faculty of Law, University of Colombo, 2019)

Realisation of gender equality, valuing human dignity, and guaranteeing the right to bodily and psychological integrity is indivisible elements of the foundation of freedom, justice and peace. Thus, sexual harassment against ...

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