Law Enforcement and Court Proceedings: Child in Conflict with the Law in Sri Lanka
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Abstract
Based on research findings, this paper examines whether the practices and national legislation of Sri Lanka are maintaining the child-friendly law enforcement and juvenile justice practices according to international and regional standards. Sri Lanka has a long history of implementation of juvenile justice. As a sophisticated nature of a child, juvenile administration needs to uphold separate arrangements in every step of children's life as per their maturity to understand the situation and to protect and promote a child's rights during law enforcement and juvenile court proceedings. To explore Sri Lanka's experience, this descriptive research utilized secondary sources as well as primary information from stakeholders, experts, and a Juvenile Court observation. The domestic practices and legislature are evaluated and discussed concerning relevant principles of child rights such as the right to be heard, right to privacy, right to non-discrimination, the best interest of the child and principle of detention as last resort according to the Convention of the Rights of the Child 1989. Similarly, the role of police, probation officers, judicial medical officers, and juvenile court administrations are the main stakeholders to implement the national legislation concerning a child offender. The research identified most of the domestic legislature of Sri Lanka is in line with international standards of child rights. Further, this paper concluded with the research findings of the ineffective existing practice and provided arrangements during law enforcement, and juvenile justice proceedings to protect and promote child rights in Sri Lanka.
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References
References
Bhattacharyya, S.K. (1981). Juvenile justice system in India. Journal of the Indian Law Institute, 23(4), 606-612.
Centre for the Study of Human Rights (2004). The vulnerable child: Research report on institutions which protect children's rights. Centre for the Study of Huma Rights, University of Colombo.
Children and Young Persons Ordinance. (1939). http://hrlibrary.umn.edu/research/srilanka/statutes/Children_and_Young_Persons_Ordinance.pdf
Constitution of Democratic Socialist Republic of Sri Lanka 1978, amend. 2015.
Department of Census and Statistics, Sri Lanka (2011). Sri Lanka Census of Population and Housing 2011. http://www.statistics.gov.lk/PopHouSat/CPH2011/index.php?fileName=pop32&gp=Activities&tpl=3
Gamlath, S. (2008). Foreword. In UNICEF (Ed.). Legal protection of children in contact with the criminal justice process (p. 12). Ministry of Justice and Law Reforms, UNICEF and Save the Children in Sri Lanka.
Goonesekere, S. W. E. (1990). Legal protection for children's rights in Sri Lanka. Economic Review, 1-4.
International Covenant on Civil and Political Rights, December 16, 1966. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
International Covenant on Civil and Political Rights (ICCPR) Act, No. 56 of 2007, Sri Lanka. (2007). https://citizenslanka.org/wp-content/uploads/2015/12/International-Covenant-on-Civil-Political-Rights-ICCPR-Act-No-56-of-2007E.pdf
Legal Aid Commission of Sri Lanka. (n.d.). About us. http://www.legalaid.gov.lk/index.php/2016-01-13-09-16-07/about-us
Marasinghe, C. (2007). A child's right to privacy in international law. CRL International.
Martin, G. (2005). Juvenile justice: Process and systems. Sage Publication.
Niriella, J. (2011). Rehabilitation and re-integration of juvenile offenders in Sri Lanka. US-China Law Review, 8(499), 499-509.
Penal Code (Amendment) Act, No. 10 of 2018, Sri Lanka (2018). https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/106575/130809/F-1027413093/lka106575.pdf
Samaraweera, V. (1997). Report on the abused child and the legal process of Sri Lanka. The National Monitoring Committee on the Children's Charter.
Sri Lanka Judges’ Institute. (2015). Annual Report 2015. https://www.parliament.lk/uploads/documents/paperspresented/annual-report-srilanka-judges-institute-2015.pdf.
The Youthful Offenders (Training School) Ordinance, No. 28. (1939). http://hrlibrary.umn.edu/research/srilanka/statutes/Youthful_Offenders_(Training_School)_Ordinance.pdf.
United Nations Committee on the Rights of the Child. (2007). General comment No. 10 (2007): Children's rights in juvenile justice, April 25, 2007, CRC/C/GC/10. https://www2.ohchr.org/english/bodies/crc/docs/CRC.C.GC.10.pdf.
United Nations Committee on the Rights of the Child. (2018). Concluding observations on the combined fifth and sixth periodic reports of Sri Lanka, March 2, 2018, CRC/C/LKA/CO/5-6. https://digitallibrary.un.org/record/1476611.
United Nations Convention on the Rights of the Child. November 20, 1989. https://www.ohchr.org/en/professionalinterest/pages/crc.aspx.
United Nations Human Rights Council. (2016). Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on his mission to Sri Lanka, December 22, 2016, A/HRC/34/54/Add.2. https://digitallibrary.un.org/record/861186.
Universal Declaration of Human Rights, December 10, 1948. https://www.un.org/en/about-us/universal-declaration-of-human-rights.
Verité Research (2017). A legal and institutional assessment of Sri Lanka’s justice system for children. UNICEF.
Webb, T. (2016). Children exposed to violence: A developmental trauma informed response for the criminal justice system. Journal of Child & Adolescent Trauma, 9(3), 183-189. https://doi.org/10.1007/s40653-015-0069-5.
List of Interviewees
Ms. Chandra (Officer, Department of Probation and Child Care Services), 30 May 2018, Battarmulla
Mr. Rustam (Probation officer) 6 June 2018, Dehiwala
Ms. Rukmai (Lawyer), 20 June, 2018, Juvenile Magistrate Court, Battarmulla
Ms. Geetha (Child rights expert, Former board members of National Child Protection Authority), 22 June 2018, Colombo
Ms. Ranju (Police officer, Children and Women Bureau), 25 June 2018, Colombo
Ms. Poonam (Lawyer/ Child protection activist), 26 June 2018, Colombo
Mr. Mahindra (INGO staff), 27 June 2018, Colombo