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ABSTRACTED FROM INTRODUCTION:
This report provides an in depth analysis of the inheritance rights of children in Sri Lanka. Chapter 2 looks at inheritance rights of children from a human rights perspective. It examines the international human rights instruments which guarantee the right to adequate housing of children and which aim to protect their inheritance rights. It analyses the essential components of the right to adequate housing and looks at Sri Lanka’s obligations to protect and promote these rights.
Chapter 3 examines the Sri Lankan domestic law and policy on inheritance rights. It analyses the law on testate succession and intestate succession. There are three personal laws dealing with intestate succession: Muslim law, Tesawalamai law and Kandyan law. The general law on intestate succession applies to those to whom the personal laws do not apply. This section also provides an in depth analysis of the case law on intestate succession.
Chapter 4 Four highlights inheritance discrimination in Sri Lanka and examines instances of gender discrimination, discrimination based on out-of-wedlock birth and discrimination based on adoption. It also highlights discriminatory legal provisions as regards the grant of state lands.
Chapter 5 provides an overview of the nature of displacement in Sri Lanka and examines in depth, the inheritance rights concerns that have arisen from displacement due to the conflict and the Tsunami.
Chapter 6 contains recommendations to the Government of Sri Lanka, to UNICEF – Sri Lanka and to other organisations working on housing rights. These recommendations would assist in the protection of inheritance rights generally and more specifically those of children.