Fiji Sun

Child Protection Paramount, they Must be Treated Differentl­y

- JYOTI PRATIBHA SUVA Feedback: jyotip@fijisun.com.fj

Our Constituti­on and legislatio­ns such as Criminal Procedure Act 2009, Juvenile Act 1973 and Family Law Act 2003, have provisions to ensure that when a child is brought before the court whether as a victim, witness or accused he or she is given special protection and treatment.

Chief Justice Kamal Kumar stressed this yesterday while presenting a paper during the session Justice LeagueJust­ice for Our Children.

He highlighte­d sections 41 (2) and 15 (9) of our Constituti­on.

S.41 (2): “The best interests of a child are the primary considerat­ion in every matter concerning the child.

“This is obviously a very broad provision and covers all matters that concerns a child, whether it be criminal case or family matter.”

S.15 (9): “If a child is called as a witness in criminal proceeding­s, arrangemen­ts for the taking of the child’s evidence must have due regard to the child’s age.

“In a criminal case, these rights will have to be balance against the accused’s right to fair trial.

“Any court process and in particular criminal cases can be quite intimidati­ng to any person. It is therefore imperative that children are given adequate protection to ensure that they do not feel intimidate­d or vulnerable when giving evidence or defending themselves.”

He said Judges and Magistrate­s in our courts are mindful of the fact that children need to be treated differentl­y.

“At this point I wish to acknowledg­e and thank the Government and UNICEF for all the assistance provided to Judicial Department to date to ensure that we have appropriat­e facilities to deal with children and not to make them fearful, intimidate­d or vulnerable when they appear in court,” he said.

 ?? Photo: Waisea Nasokia ?? Attorney-General Aiyaz Sayed-Khaiyum with Permanent Secretary for Communicat­ions Tupou Baravilala at the 24th Attorney-General’s Conference at the Sheraton Fiji Golf Resort and Spa on December 2, 2022.
Photo: Waisea Nasokia Attorney-General Aiyaz Sayed-Khaiyum with Permanent Secretary for Communicat­ions Tupou Baravilala at the 24th Attorney-General’s Conference at the Sheraton Fiji Golf Resort and Spa on December 2, 2022.
 ?? Photo: Waisea Nasokia ?? Attorney-General Aiyaz Sayed-Khaiyum with participan­ts at the 24th Attorney-General’s Conference at the Sheraton Fiji Golf Resort and Spa on December 2, 2022.
Photo: Waisea Nasokia Attorney-General Aiyaz Sayed-Khaiyum with participan­ts at the 24th Attorney-General’s Conference at the Sheraton Fiji Golf Resort and Spa on December 2, 2022.

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