News
Politics obstructs justice for children
Statutory rape of boys, age of criminal responsibility, lesbian, gay, bisexual, transgender and intersex children, corporal punishment, justice for juveniles, were some concerns highlighted in the recent report on Sri Lanka by the United Nations Committee on the Rights of the Child.
However, experts in children’s rights doubt that recommendations will be implemented because of politics, religious considerations and commercial interests.
One suggestion was to revise the Penal Code to criminalise statutory rape of boys and encourage the reporting of such violations.
The UN said it was seriously concerned that the age of criminal responsibility — 8 years — is extremely low and that children over 16 years of age continue to be excluded from the protection of the Children and Young Persons Ordinance.
“Much of these issues were limited to discussions over the past few years. Political involvement is an obstruction to the implementation of many suggestions made in the report,” said Professor Harendra de Silva, consultant paediatrician.
Prof De Silva, the founder chairman of the NCPA, welcomed the recommendations to “ensure the National Child Protection Authority to be independent and reporting to a level above any one government department, and that it can continue to fully exercise its functions under any circumstances and is adequately resourced’’.
“The NCPA has been taken under the ministry, without being aware of its mandate. It should remain as an independent body with more powers in handling children’s issues,” he said.
The UN urged the Government to amend the minimum age of marriage for all to 18 years, this includes the Muslim Marriage and Divorce Act (a girl even below 12 years can be married with the permission of a Quazi) also in the community of indigenous people, or Adivasi, as they are known in Sri Lanka “Countries such as Malaysia, Bangladesh and Maldives have made amendments to the minimum age of marriage,” he said.
The UN expressed concern over the pre-trial detention periods of children, stating that they are very long, children are often ill treated by the police, and have no access to education.
“The number of juvenile courts is particularly low and child friendly approaches are not implemented in court,” the report says.
It suggested speeding up the adoption of the Children (Judicial Protection) Bill, establishing special juvenile court facilities and procedures with adequate resources, and to designate special judges for children and ensure that training for judges.
The Government should also set up a comprehensive data collection system, the UN recommended. Data should be gathered on a wide range of children in marginalised and vulnerable situations, including children with disabilities, in poverty, and street children.
The report says segments on non-discrimination and equality, and climate change, should be included in the mandatory school curriculum for children of all ages.
The Government should revise the Prevention of Terrorism Act to bring it in line with children’s rights standards and to refrain form using this legislation as a tool for restricting the freedom of association for children, in particular children suspected of alleged terrorism activities, the UN says.
Jeremy Sprigge, communication specialist of UNICEF Sri Lanka, said the minimum age for marriage must be 18 years.
“This is enshrined in the CRC, and we believe it should be reflected in all legal Acts and policies of every country, including Sri Lanka, as demanded by the UNCRC Committee,” he said.
Combatting discrimination against LGBTI (lesbian, gay, bisexual, transgender and intersex) children, prohibiting harassment of transgender children by law enforcement personnel are also some of the recommendations in the report.
“With regard to LGBTI children in the country, UNICEF’s position on discrimination is clear. We are against all types of discrimination against children, including discrimination based on sexuality or gender. Every child has the right to be protected from harassment and sexual abuse.”
Marini de Livera, the chairperso n of NCPA said Sri Lanka’s efforts at combating cyber crime related to children, putting an end to corporal punishment, the role of NCPA’s investigation unit and surveillance unit handling violence against children, efforts at strengthening 1929 NCPA toll-free child helpline were highlighted at the Child Rights Committee.
Ms Livera has written to the Chief Justice highlighting the need for more child-friendly courts in all provinces, stating that such a court in the Anuradhapura High Court complex has been discontinued.
“NCPA is deeply concerned about legal delays that violate the right to a fair trial of child victims. The NCPA legal unit is willing to facilitate legal representation of child victims and work towards speedy disposition of court cases,” she said.