Sri Lanka's Fundamental Human Rights: The Role of Courts and the Constitution

Introduction

Human rights constitute one of the most foundational principles of contemporary legal orders. They embody the essential freedoms and protections inherent to all individuals by virtue of their humanity, ensuring the conditions necessary for dignity, equality, liberty and personal security. Importantly, these rights are not merely discretionary privileges conferred by the state. Rather, they are legally and morally binding entitlements that impose corresponding duties upon state authorities to respect, protect and fulfil them.

In the modern legal landscape, the operation of human rights is shaped by the interaction between international normative standards and domestic constitutional frameworks. This relationship is particularly significant in jurisdictions such as Sri Lanka, where fundamental rights are expressly entrenched within the Constitution and where constitutional litigation provides an avenue for individuals to seek remedies before the Supreme Court when such rights are infringed.

From the perspective of legal study and constitutional analysis, human rights cannot be understood in purely abstract terms. Their true significance emerges through the interpretation of constitutional text, the development of judicial precedent and the practical role of courts in holding public authorities accountable. As such, this discussion adopts an analytical approach commonly associated with public law discourse, focusing not only on the theoretical foundations of human rights but also on their enforceability within Sri Lanka’s constitutional structure.

Accordingly, this article critically examines the concept of basic human rights, their legal background and the mechanisms through which Sri Lanka seeks to protect these rights through constitutional provisions and landmark judicial decisions.

What Are Basic Human Rights?

Basic human rights are the minimum rights and freedoms that belong to every person regardless of nationality, ethnicity, religion, gender or social class. These rights protect individuals from abuse, discrimination and injustice, while also enabling personal development and participation in society.

Examples of basic human rights include the right to life and personal liberty, Freedom from torture and cruel treatment, Freedom of speech, religion, and peaceful assembly, Equality before the law, The right to education, work and health. Human rights are considered universal and inalienable, meaning they cannot be taken away without lawful justification.

Historical and International Background of Human Rights

After the horrific atrocities of World War II, including genocide, mass killings and widespread suffering, the modern human rights movement gained strong global importance. The world recognized that governments could no longer treat the abuse of individuals as an internal matter. This led to the creation of international human rights standards, such as the United Nations and the Universal Declaration of Human Rights, aimed at ensuring dignity, equality and protection for all people.

Universal Declaration of Human Rights (1948)

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, remains one of the most influential human rights documents. It recognizes rights such as, Right to life, liberty, and security, Freedom from torture, Freedom of expression, Right to education and work and Right to equality and non-discrimination.

Important thing here is although not legally binding, the UDHR laid the foundation for binding international treaties.

International Human Rights Treaties

There can be find core nine International Human Right Treaties. Those binding conventions include International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Convention on the Rights of the Child (CRC), International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), Convention on the Rights of Persons with Disabilities (CRPD) and International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

Sri Lanka is a party to all of these treaties, meaning it has international obligations to uphold human rights standards.

Human Rights Protection in Sri Lanka: Constitutional Framework

In Sri Lanka, human rights are mainly protected through the Constitution of the Democratic Socialist Republic of Sri Lanka (1978). The Constitution refers to these protections as Fundamental Rights, which are legally enforceable through the Supreme Court.

Fundamental Rights in the Sri Lankan Constitution

Article 10 – Freedom of Thought, Conscience and Religion

Article 10 guarantees that every person has the freedom to hold personal beliefs and religious convictions.

This is an absolute right and forms the basis of religious liberty in Sri Lanka.

Article 11 – Freedom from Torture

Article 11 states:

“No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

This is one of the strongest constitutional rights because it cannot be restricted even during emergencies.

Case Example:

Singarasa v Attorney-General (2006)

The Court emphasized the importance of protecting individuals against unlawful state actions and highlighted Sri Lanka’s duty to respect international human rights norms.

Article 12 – Right to Equality

Article 12 is one of the most frequently litigated fundamental rights provisions.

Article 12(1): All persons are equal before the law and entitled to equal protection.

Article 12(2): No discrimination based on race, religion, language, caste, sex, or political opinion.

Case Example:

Visuvalingam v Liyanage (1983)

The Supreme Court held that unequal treatment by public authorities violates Article 12 and reaffirmed that equality is central to constitutional governance.

Article 13 – Freedom from Arbitrary Arrest and Right to a Fair Trial

Article 13 provides several criminal justice protections.

Under this provision, no person shall be arrested except according to lawful procedure, every arrested person must be informed of the reason, right to be produced before a judge and Presumption of innocence should be protected.  

Case Example:

Weerawansa v Attorney-General (2000)

The Supreme Court held that unlawful arrest and detention by police violate Article 13 and awarded compensation.

Fernando v Sri Lanka Broadcasting Corporation (1996)

The Court stressed that state institutions must act within lawful limits and cannot violate personal liberty.

Article 14 – Civil and Political Freedoms

Article 14 guarantees important democratic freedoms, including Freedom of speech and expression, Freedom of peaceful assembly, Freedom of association, Freedom to engage in lawful occupation and Freedom of movement.

Case Example:

Amaratunga v Sirimal (1993)

The Supreme Court held that freedom of expression includes the right to criticize public authorities, which is essential in a democracy. 

How Fundamental Rights Are Enforced in Sri Lanka

Supreme Court Jurisdiction (Article 126)

Article 126 gives the Supreme Court exclusive jurisdiction to hear Fundamental Rights applications.

A person may file a petition when their rights are infringed by Executive or administrative action or State officials or public authorities. However, the petition must be filed within one month of the alleged violation.

Remedies Available

If a violation is proven, the Supreme Court may Declare that a fundamental right has been infringed, Order compensation or Issue directives preventing future violations. 

Case Example:

Premachandra v Major Montague Jayawickrema (1994)

The Court awarded compensation for unlawful state conduct and emphasized accountability of public officers.

Institutions Supporting Human Rights in Sri Lanka

Sri Lanka also has institutions such as Human Rights Commission of Sri Lanka (HRCSL), National Police Commission, Commission to Investigate Allegations of Bribery or Corruption. These bodies assist in promoting awareness and investigating complaints, although judicial enforcement remains the strongest mechanism.

Challenges in Human Rights Protection 

Despite constitutional guarantees, challenges remain, such as Police abuse and unlawful detention, Discrimination against minorities, Restrictions during emergencies, Delays in legal processes and Lack of awareness among citizens.

It is very important to mention that rights are only meaningful when effectively implemented and enforced. 

Conclusion

Basic human rights are essential to protect dignity, liberty and equality. They operate through international standards and domestic constitutional enforcement.

In Sri Lanka, Fundamental Rights are clearly protected under Articles 10 to 14 of the Constitution, and the Supreme Court plays a key role in ensuring justice through Article 126 jurisdiction.

Through landmark cases such as Singarasa, Weerawansa, and Visuvalingam, Sri Lankan courts have reinforced that human rights are not merely ideals but enforceable legal protections.