“Economic Abuse” as an Element of Domestic Violence Against Women: A Comparative Analysis of Sri Lanka and United Kingdom

Authors

• Pavithra Rajendran, University of Notre Dame

Abstract

Economic abuse, though not a new concept in commercial law, remains underdefined and underutilized in the context of domestic violence, particularly violence against women. Recent scholarly discussions emphasize the need for a clear definition of economic abuse in this context: "Economic abuse entails a deliberate pattern of control where individuals disrupt their partner's ability to acquire, use, and maintain economic resources." This highlights economic abuse as a powerful tool of control, with perpetrators employing various strategies to assert dominance. Scholars often distinguish economic abuse from financial abuse, a crucial differentiation, especially with the recent enactment of the United Kingdom’s Domestic Violence Act, which clarifies key differences between these two forms of abuse. Despite international consensus, such as in “Good Practices in Legislation on Violence Against Women – 2008,” which frames all forms of domestic violence as gender-based discrimination, several jurisdictions, including the United Kingdom and Sri Lanka, have yet to fully integrate this view into their legal frameworks. This paper seeks to explore how Sri Lanka's legal and policy framework can be expanded to include economic abuse as a recognized component of domestic violence, drawing insights from the UK's experience. Additionally, it will examine how domestic violence laws in Sri Lanka have often relegated economic abuse to neutral criminal law rather than recognizing it as a form of gender-based discrimination. The paper will conduct a qualitative analysis of international instruments, domestic legislation, judicial precedents, and relevant case studies, with a comparative focus on Sri Lanka and the UK. The goal is to elucidate the level of protection provided to survivors of domestic violence, particularly women, and to propose improvements to Sri Lanka's legal approach in addressing economic abuse as a significant issue within the broader spectrum of gender-based violence.

Recommended Citation

Rajendran, Pavithra (2025) "“Economic Abuse” as an Element of Domestic Violence Against Women: A Comparative Analysis of Sri Lanka and United Kingdom," Notre Dame Journal of International & Comparative Law: Vol. 15: Iss. 2, Article 7.
Available at: https://scholarship.law.nd.edu/ndjicl/vol15/iss2/7