The Human Rights Commission of Sri Lanka (HRCSL) has found the Kalmunai Base Hospital in Kalmunai North violated the fundamental rights of healthcare assistants by restricting their religious attire.

The Commission found the hospital had violated the rights to freedom of religion and belief, freedom of thought and conscience, freedom to engage in a lawful occupation, equality before the law and equal protection of the law, and non-discrimination, guaranteed under Articles 14(1)(e), 10, 14(1)(g), 12(1) and 12(2) of the Constitution.

Accordingly, the HRCSL has recommended that the hospital issue a written interpretation of the applicable public administration circulars to all its administrative staff, clarifying that staff members may wear head coverings, long-sleeved attire and trousers in addition to the prescribed uniform.

The Commission has also recommended a full and impartial inquiry into all allegations of harassment by hospital staff and called for the complainants, who are healthcare assistants, to be offered the option of returning to work at the hospital in writing.

In a further recommendation, the HRCSL has called on the Secretary to the Ministry of Public Administration to issue a new circular along the lines of Public Administration Circular No. 13/2019 dated 26 June 2019.

The proposed circular should clarify that all public officers may wear religious attire in accordance with their religious beliefs alongside their basic uniforms, provided they can be clearly identified.