Protection of the Rights of Sri Lankan Migrant Women Workers: Critical Analysis of the Domestic and International Legal Regime.

Abstract

Sri Lanka is a third world country in which foreign employment plays a major role in directing foreign currency towards the country. The rate of migrant women workers in Sri Lanka is very high and they are highly vulnerable in the form of the protection. Violation of their rights can be seen in the form of physical, emotional, sexual and economics. The domestic legal regime governing this issue includes the fundamental rights jurisdiction, labor rights jurisdiction and Bureau of Foreign Employment Act No. 21 of 1985. The international jurisdiction compromises of the International convention on the protection of the rights of all migrant workers and members of their families and the CEDAW convention. Despite all this protection there are incidents which reflect that all what have been done are not sufficient in order to protect the rights of the women migrants. Research Problem- Whether the available protection granted by the domestic and International legal regimes for Sri Lankan women migrant workers is sufficient to protect their rights. The objective of this study is to critically review the current domestic and international context relating to the protection of the women migrants and in order to realize whether such protection is sufficient to protect the rights of the Sri Lankan women migrants. This study is based on the qualitative research method where the research will extensively examine the relevant provisions of national and international legal instruments and national policy on migrant workers. The data collection was done through library research and internet data bases. The primary sources of this work include relevant Acts, International conventions. Research reports, journal articles, books and newspaper articles are also analyzed as secondary sources.