Bill to set up children-only judicial system ready
The Justice Ministry is finalising a judicial protection law in compliance with international standards pertaining to the rights of children, heeding the call of the United Nations and child rights activists who have pointed out that the country needs a modern juvenile justice system.
The Children ( Judicial Protection) Bill has been drafted and is with the Attorney General’s Department. The Bill identifies how legal proceedings could be initiated and maintained in compliance with international standards pertaining to the rights of children, according to the Progress Report of the Ministry of Justice (January-September 2017). The proposed legislation seeks to address the shortcomings of the Children’s and Young Persons Ordinance that has been in existence since 1939.
A joint report by the Justice Ministry and the UNICEF has given a number of recommendations to strengthen the administration of juvenile justice. The report titled ‘A Legal and Institutional Assessment of Sri Lanka’s Justice System for Children’, was released recently.
Dr. Hiranthi Wijemanne, a former Vice Chair on the Monitoring Committee of the Convention on the Rights of the Child (CRC), told the Sunday Times that the move to adopt a juvenile justice system conforming to the Convention on the Rights of the Child (CRC) had been a long felt need, especially in view of the fact that Sri Lanka was among the first countries to ratify the Convention.
Since Sri Lanka is a party to the Convention, it is no longer possible to subject a child to a judicial system primarily designed for adult victims and offenders, she said.
Pointing out that the rights which children are entitled to are different from the rights enjoyed by adults, Dr. Wijemanne said, "It is fervently hoped that the proposed legislation will also recognise diversion of children away from the formal justice system as a matter of first resort, as advocated by the CRC."
The CRC articulates that, the arrest, detention or imprisonment of a child, shall be in conformity with the law, and, shall be used only as a measure of last resort for the shortest period of time. Today, there is considerable international advocacy for diversion as opposed to detention where children are concerned.
Most research at international level, as Dr. Wijemanne maintains, indicates that re-offending increases when children and youth are processed through the same justice system.
The CRC monitoring committee advocates and supports the application of the Riyadh Guidelines and the Beijing Rules to all member countries in relation to Juvenile Justice. “This includes prevention policies which facilitate socialisation and integration of children who have got into conflict with the law as well as integration with their own families, community and peer groups, regaining of formal or non-formal schooling, vocational training for future gainful occupation, and work opportunities.”
Maintaining a child’s privacy throughout the whole process of juvenile justice procedures was also cardinal, Dr. Wijemanne said. “It is essential that a child’s privacy is ensured. No information which can identify the child should be published. It has been stipulated that, the child’s court records be kept strictly confidential and must not be used in adult proceedings at any point of time.”
The proposed amendments to the law will include the right to legal representation for children in courtrooms, an improved process for assessing the psychological, mental and educational needs of children in the justice system and the promotion of non-institutional measures such as community correction orders as sentences.
The Bill also provides for the appointment of a judicial guardian to assist the child during legal proceedings and also strengthens the role of the alternate care system in the judicial administration of children.
The CRC articulates that, the arrest, detention or imprisonment of a child, shall be in conformity with the law, and, shall be used only as a measure of last resort for the shortest period of time. Today, there is considerable international advocacy for diversion as opposed to detention where children are concerned.