SLIIT International Conference on Advancements in Sciences and Humanities [SICASH] 2022

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Author: search.filters.author.Jayamaha, SEnd date: 2023

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    Mediation and the Myth of Enforceability
    (Faculty of Humanities and Sciences, SLIIT, 2022-09-15) Gunathilaka, W.A.S.W; Jayamaha, S
    Mediation is a trending alternative dispute resolution mechanism despite some of its alleged shortcomings. One such is that the mediated outcome lacks enforceability, which is not the case in real life. Whereas various jurisdictions have expressly dealt with this alleged issue, in the absence of any explicit provision for the same, a mediation settlement agreement could also be enforced in a Court of law, by treating it as a regular contract. The presence of the highest form of autonomy in the mediation process makes its settlement agreement qualified at the outset to be considered as a contract. More pertinently, offer; acceptance; consideration; intention to create a legally binding relationship; legality and capacity as fundamental requisites of a legally enforceable contract is often seen to be present in a mediation settlement agreement, thus allowing it to be enforceable as a contract between the parties who have freely entered into such agreement to settle their dispute. It is therefore accurate to conclude that the unenforceability of a mediated outcome is a myth even where there is no specific provision to that effect.
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    Violation of Human Dignity through Online Harassment: A Case for Stronger Protection of Privacy in Sri Lanka
    (Faculty of Humanities and Sciences, SLIIT, 2022-09-15) Harasgama, K; Jayamaha, S
    Human dignity, a concept widely discussed philosophical, political and legal spheres, has gained importance with its recognition under the Universal Declaration of Human Rights, as a foundation of human rights. Dignity is understood to be inherent in humans. Scholars observe dignity to be twofold; firstly, dignity by reason of humans having the capacity to rationalize and secondly humans as social animals having a sense of self-worth and social standing. Human Dignity, therefore, is universally recognized so as human rights in general. On the contrary, Privacy is just another right and does not command a wide and equal standing in every society. Privacy relates to the personal space; be it bodily, informational, territorial or communicational within which a person expects to be free from scrutiny. Privacy refers to the limit to which one desires to expose himself to others. It is understood that privacy is one element which contributes to the notion of dignity. Privacy violations will therefore lead to the degradation of human dignity. This is illustrated in cases of online harassment as publication of intimate, sexually explicit video/images of individuals, impersonating victims, and defaming or insulting victims in public categorically invade the privacy of individuals thus violating their human dignity. Sri Lanka has a piecemeal approach to protecting privacy, which is scattered around various statutes and case law, and is of limited scope. Upholding dignity, therefore, is challenged although the Sri Lankan Constitution and case law identify dignity as foundational. Hence, it is argued that a state which is concerned with upholding the dignity of its citizens should be equally concerned about protecting the privacy of those citizens.