Sri Lanka

Summary and Analysis

Sri Lanka ratified the Convention on the Rights of the Child on July 12, 1991.  According to Article 157 of the Constitution of Sri Lanka (1978), duly ratified international agreements have the force of law in the country and no law may be enacted that is in contravention of the international agreement. 

Although there is a somewhat functioning child protection system in Sri Lanka, children in abuse and neglect proceedings are not required to be represented and Sri Lankan law does not require the court in an abuse and neglect proceedings to hear or take into account the wishes and views of the child. 

In 1999, the National Child Protection Authority was founded to address child abuse in Sri Lanka.  The Authority is made up of local monitoring and child protection committees.  According to the U.N. Committee on the Rights of the Child, these local committees are not well organized and their roles are not clearly defined.[2]

Most of the Sri Lankan laws governing children are more than 40 years old.  The laws relating to sexual offences against children were amended in 1995.  The law outlawing cruelty to children is from 1939 and was only codified in the Penal Code in the 1995 amendments.  Child abuse is not fully outlawed in Sri Lanka.  Child abuse is defined as: all acts of sexual violence against children, trafficking in children, cruelty to children and the use of children in obscene publications and exploitative labor.[3]  Extreme forms of corporal punishment in homes and in schools are prevalent and still legal.[4]  There is a Children’s Charter in Sri Lanka but it is not legally binding and it appears that few rules or regulations have been passed to codify its protections for children.   

Although courts in Sri Lanka are considered to have unfettered jurisdiction to interfere with parental rights in favor of the best interests of the child,[5] in practice, very few cases of child abuse or neglect are ever reported.  Thus even though the courts may have the power to remove a child from an abusive home, they are rarely given the opportunity to help abused and neglected children much less terminate parental rights.  There is only one court devoted to juvenile matters in Sri Lanka and legal researchers have shown that “it is not child-friendly, although it was originally intended to be so.”[6]

In the few cases that are reported and prosecuted, the children are placed in homes run by voluntary organizations.[7]  Otherwise the child is institutionalized with juvenile offenders while the abuse case is being processed.  There is a limited system of foster care in Sri Lanka. The government has two programs, the Sevana Sarana Foster Parents Scheme and the Foster Parents Program of the Department of Probation and Childcare Services.  These programs are funded mostly by donations and foster parents generally take in children without getting any financial support from the government.[8]

Related Sources of Law (In Order of Authority)

International Law

Convention on the Rights of the Child, ratified July 12, 1991[9]

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Statutes

National Child Protection Authority Act[10], No. 50 of 1998 (Sinhala Text)

National Child Protection Authority Act[11], No. 50 of 1998 (Tamil Text)

 

National Child Protection Authority Act[12], No. 50 of 1998 (English Text)

Article14: Functions of the Authority

The functions of the Authority shall be -

(a) to advise the Government in the formulation of a national policy on the prevention of child abuse and the protection and treatment of children who are victims of such abuse;

(b) to advise the Government on measures for the prevention of child abuse;

(c) to advise the Government on measures for the protection of the victims of such abuse;

(d) to create an awareness, of the right of a child to be protected from abuse and the methods of preventing child abuse;

(e) to consult the relevant ministries, Provincial Councils, local authorities, District and Divisional Secretaries, public and private sector organizations and recommend all such measures as are necessary, for the purpose of preventing child abuse and for protecting and safeguarding the interests of the victims of such abuse;

(f) to recommend legal, administrative or other reforms required for the effective implementation of the national policy for the prevention of child abuse;

(g) to monitor the implementation of laws relating to all forms of child abuse;

(h) to monitor the progress of all investigations and criminal proceedings relating to child abuse;

(i) to recommend measures to address the humanitarian concerns relating to children affected by armed conflict and the protection of such children, including measures for their mental and physical well-being and their re-integration into society;

(j) to take appropriate steps where necessary for securing the safety and protection of children involved in criminal investigations and criminal proceedings;

(k) to receive complaints from the public relating to child abuse and where necessary, to refer such complaints to the appropriate authorities;

(l) to advise and assist Provincial Councils and local authorities, and non governmental organizations to co-ordinate campaigns against child abuse;

(m) to prepare and maintain a national data base on child abuse;

(n) in consultation with the relevant ministries and other authorities to supervise and monitor all religious and charitable institutions which provide child care services to children;

(o) to conduct, promote and co-ordinate, research in relation to child abuse and child protection;

(p) to provide information and education to the public regarding the safety of children and the protection of the interests of children;

(q) to engage in dialogue with all sections connected with tourism with a view to minimizing the opportunities for child abuse;

(r) to organize and facilitate, workshops, seminars and discussions, relating to child abuse;

(s) to liaise and exchange information with foreign Governments and international

Children and Young Persons Ordinance, No. 48 of 1939

Article 71[13]

Whoever, having the custody, charge or care of a person under 18 years of age, willfully assaults, ill-treats, neglects or abandons such persons or causes to be assaulted, etc., in a manner likely to cause him suffering or injury to the health commits the offence of cruelty to children.

Penal Code Amendment Act, No. 22 of 1995

Article 308

(a) Cruelty to children is punishable with imprisonment for a term not less than two years and not exceeding ten years.  The offender may also be punished with fine and ordered to pay compensation to the victim.

Local Contact Information

Dr. Harendra De Silva, Chairman

National Child Protection Authority

330 Thalawathugoda Road, Madiwela

Sri Jayawardenapura, Sri Lanka

info@childprotection.gov.lk

Phone: 94-01-2778911

Fax: 94-01-2778915

Additional Resources and Links

National Child Protection Authority: http://www.childprotection.gov.lk/index.htm

Ministry of Women’s Empowerment and Social Welfare (includes the Children’s Secretariat and the Office of the Sevana Sarana Foster Parent Scheme): http://www.priu.gov.lk/Ministries/Min_womens_empower_social_welfare.html

Official government website of Sri Lanka: http://www.gov.lk/index.htm

Constitution of Sri Lanka: http://www.priu.gov.lk/Cons/1978Constitution/1978ConstitutionWithoutAmendments.pdf

UNICEF Sri Lanka: http://www.unicef.org/infobycountry/srilanka.html

Hope for the Children Sri Lanka: http://www.hope-for-children.org/SRILANKA_FRAME.html

Centre for the Study of Human Rights at the University of Colombo Law School: http://www.cshr.org/

Sexual Abuse of the Girl Child in Sri Lanka (Kantha Handa [Voices of Women],1997).

Ananda Galappatti, Caring for Separated Children: An Approach from Eastern Sri Lanka (2002).

Child Rights Violations in Sri Lanka: Cases and Recommendations, Part II: Policy, Legislation and Institutions for Child Protection (Save the Children, 2002).

D.G. Harendra de Silva, Sri Lanka, in Child Abuse: A Global View 224-240 (Beth M. Schwartz-Kenney ed., 2001). 

Indranie Dharmadasa &Vinitha Wickramaratne, Sri Lankan Child’s Optimal Growth and Development: Early Care in Exceptional Circumstances, in Childhood in South Asia 113-134 (Jyotsna Pattnaik, 2004).

Savitri Goonesekere, The Sri Lanka Law on Parent and Child (1987).

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