Right to Health of Internally Displaced Persons - IDP SriLanka

It is submitted therefore that the right to health of IDPs should receive the
same protection available to other citizens. According to the Article 12
(1), all persons are equal before the law and are entitled to the equal
protection of the law. Therefore, special mechanisms, if the situation
requires should be provided to uplift their rights because different
qualities of health standards for persons residing in different geographic
locations may constitute discrimination under the international law and
alsoArticle 12 of Sri Lankan Constitution.
The adoption of special measures intended to bring about de facto
equality for disadvantaged groups such as special measures for the
development of living standards in welfare centers is not a violation of
the right to equality of other normal public, so long as such measures do
not lead to the maintenance of unequal or separate standards for different
groups, and provided they are not continued after the objectives for
which they were taken have been achieved.Article 12 (4) also stipulates
that Nothing in the Article 12 shall prevent special provisions being
made, by law, subordinate legislation or executive action, for the
advancement of women, children or disabled persons. Therefore an
affirmative action to protect the right to health of conflict affected
displaced persons will not be discriminatory to other Sri Lankan citizens.
28