A fundamental rights violation petition was filed for Ms De Soysa, a mother from a rural community in western Sri Lanka. Her five-year-old son was denied admission to school because a rumour circulated that his father had died of AIDS-related causes and he was believed to be HIV-positive. Although his mother agreed to him taking an HIV test that confirmed he was HIV-negative, the boy was still denied enrolment.

Court ruling

In view of the fact that the steps have been taken to admit the child to Trinity College, Kandy, the Court is of the view that no purpose  would be served in proceeding with this application. However, the Court would like to place on record that in terms of Article 27(2)(h) of the Constitution it is one of the directive principles of state policy to ensure the right to universal and equal access to education at all levels. The Court also wishes to place on record that the state should ensure that the human rights of the people living with HIV/AIDS are promoted, protected and respected and measures to be taken to eliminate discrimination against them.

https://www.right-to-education.org/news/sri-lanka-s-supreme-court-rules-prohibit-discrimination-education-settings
https://www.right-to-education.org/node/806
https://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/Sri_Lanka_Supreme_Court_Decision_April_28_2016.pdf