Flamer-Caldera v Sri Lanka: Asia-Wide Implications of an Essential Evolution in CEDAW's Jurisprudence

Abstract

Abstract In 2022, the CEDAW Committee issued an Individual Communication concerning Rosanna Flamer-Caldera, a lesbian woman, human rights defender, and Executive Director of the only organization in Sri Lanka advocating for the rights of the entire lesbian, gay, bisexual, transgender, and intersex community. To date, the CEDAW Committee has received extensive criticisms concerning its neglect of women from diverse gender identities and sexual orientations. In this Communication, the Committee found that Sri Lanka's criminalization of consensual same-sex relations among women violates Articles 2, 5, 15, and 16 of the Convention. Importantly, the Committee makes clear that non-heterosexual relations fall within the right to marriage and family relations, enshrined in the Convention. With numerous States Parties in the region retaining criminalization, this article analyses the implications of this decision for States Parties in Asia and grapples with the question, “Is this Communication ground-breaking?” and if so, how.