The Evolution of CEDAW Jurisprudence Through the Communication Procedure: A Review of Rosanna Flamer-Caldera v. Sri Lanka (2022)

This brief research paper reviews Rosanna Flamer-Caldera v. Sri Lanka, the communication that was submitted under the Communication Procedure of the CEDAW Optional Protocol (1999) concerning the matter of criminalisation of consensual same-sex activity between adult women by the criminal law of Sri Lanka, and gender-based violence against women. This communication has marked a significant turning point, being the first such individual communication before the CEDAW Committee against Sri Lanka and the first communication to find that discrimination against women on the ground of their sexual orientation violates the CEDAW principles and state obligation under the treaty. This research also highlights the impact of this communication, including an analysis of scholarly viewpoints on this communication and the responses of Sri Lanka. Another aim of this review is to understand the strength of the CEDAW communication procedure in the domestic implementation of CEDAW as an implementation mechanism. The research methodology employed in this review is a qualitative analysis, primarily based on a desk study of primary and secondary data, including international treaties, statutes, case law, academic literature, and online resources.