CHILD RIGHTS IN SRI LANKA

1. Introduction
The terms Child Rights refers to the Human Rights of children, defined as anyone under
the age of 18 years. Over the last 100 years, it has developed from almost a utopian
concept to one that is well established in international law.
In keeping with these developments, Sri Lanka too has made much progress over the last
century. This report examines the current position of Sri Lanka with regard to Child
Rights in relation to contemporary international standards.

2. History of Child Rights

The modern history of universal child rights can be traced over much of the 20th century.
However it all started with a young British lady named Eglantyne Jebb.

2.1.

Eglantyne Jebb and the Geneva Declaration

Eglantyne Jebb was born in 1876, to a well-to-do country family, in Shropshire, England.
One of six children, she was fond of ordinary people, and hated the effects of the class
system: Respect accorded to [people] should not depend upon the way in which they
spend their working hours. In a social sense there should be only one class the great
class of humanity, she is quoted as once saying (Yates, 2012).
At Oxford from 1895, Eglantyne was an avid student, and an energetic debater. In 1899,
she started teaching primary students, in Marlborough, Wiltshire. She always wanted to
challenge the children, trying to get her pupils away from books, and to learn from
observation and experience. Much to her surprise, her students loved her, as did her
principals.
Still, Eglantyne felt she was a failure as a teacher. It was clear to her by then that there
must be other ways she could help children. In 1901, she stopped working at
Marlborough due to ill health. Significantly this period was also marked by a renewed
commitment to her Christian faith and involvement with various charities, although she
continued to struggle with her health.

After an operation in 1916 her health began to improve and in 1917 she joined her sister
Dorothy Buxton in volunteering to help out in the publication of The Cambridge
Magazine. World War I was coming to a close, and the magazine stood out in its attempt
to portray a more accurate picture on the terrible social consequences of the war on
European society, than was carried in the British newspapers. In fact there was much
shortage of food, linen for newborn babies and other daily necessities.
In 1919, with her sisters help, Eglantyne founded the Save the Children Fund, which
turned out to be hugely successful in raising funds to provide aid to children across
Europe. In 1920 with the support of the ICRC, the International Save the Children Union
was established in Geneva and the organisation went on to provide food for 300,000
children affected by the Russian famine from 19211923.
However in spite of this success, a new question was raised in her mind if peoples
attention could only be got when there is a major disaster, how could the children, get
permanent support? This led her in 1923 to author the Declaration on the Rights of the
Child and on September 26, 1924 this was adopted by the League of Nations as the
Geneva Declaration.
Although it was not legally binding, this was a significant event as it was the first time
that specific rights for children were internationally recognised (Humanium, 2012a). The
text of the Geneva Declaration can be found in Appendix 1.

2.2.

UN Declaration

The United Nations (UN) was founded after the end of World Was II and it took over the
Geneva Declaration in 1946. However, following the adoption of the Universal
Declaration of Human Rights in 1948, the advancement of rights revealed the
shortcomings of the Geneva Declaration (Humanium, 2012b).
Subsequently, on November 20, 1959, an expanded Declaration of the Rights of the Child
was adopted unanimously by all 78 Member States of the United Nations General
Assembly.
The UN Declaration of the Rights of the Child lays down ten principles, including the
principles originally drafted by Eglantyne Jebb:

1. The right to equality, without distinction on account of race, religion or national

origin.
2. The right to special protection for the childs physical, mental and social
development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
5. The right to special education and treatment when a child is physically or mentally
handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all circumstances.
9. The right to protection against all forms of neglect, cruelty and exploitation.
10. The right to be brought up in a spirit of understanding, tolerance, friendship among
peoples, and universal brotherhood.
The date of adoption of the Declaration, November 20, is still commemorated annually as
Universal Childrens Day.

2.3.

Convention on the Rights of the Child

After the adoption of the Universal Declaration of Human Rights, the UN wanted to
introduce a Charter of Human Rights which would be enforceable and would oblige the
states to respect it. Thus, a Commission on Human Rights was set up to write this text.
The year 1979 was declared the International Year of the Child by the UN. That year, a
proposal was made to create a working group within the Human Rights Commission,
which would be in charge of writing an international charter on child rights. This proved
to be a far more challenging process than the previous Declaration, but finally on
November 20, 1989 the Convention on the Rights of the Child (CRC) was adopted
unanimously by the UN General Assembly.
In 1990 the Convention became an international treaty after being ratified by 20 states.
Thereby, the Convention became the first legally binding international instrument of
Childrens Rights protection, meaning that it establishes an obligatory force to the body
of all the rights it stipulates. That implies that the States that ratified the Convention are

obligated to ensure that all rights it establishes in the name of children are respected
(Humanium, 2012c).
The Convention comprises 54 articles that establish the body of all childrens civil and
political rights, as well as their economic, social and cultural rights. It also advocates the
protection and promotion of the rights of special needs children, of minority children and
of refugee children. A summary of the Convention can be found in Appendix 2.
The CRC establishes four principles that must govern the implementation of all the rights
it advocates:

Non-discrimination

Best interest of the child

Right to life, survival and development

Respect for the views of the child

In 2000 two Protocols were added to the CRC, namely,

The optional Protocol regarding the involvement of children in armed conflicts

The optional Protocol regarding the sale of children, children prostitution and
children pornography

In addition, the Convention has a monitoring apparatus, the Committee of the Rights of
the Child, which has the mission to monitor the implementation of these texts by the
States parties. The Committee is an independent and international body which supervises
the application of the CRC by the member states. It is made up of 18 self-employed
experts on childrens rights, with high moral standards.

3. Related Laws in Sri Lanka

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 (RCW, 2005).
Further, the optional protocol on the involvement of children in armed conflict was
ratified in 2000, while the optional protocol on the sale of children, child prostitution and
child pornography was ratified in 2006 (HRCSL, 2012).

In addition, Sri Lanka has several legislations related to the rights of children, including:

Adoption of Children Ordinances, No. 38 of 1979

Births and Deaths Registration Ordinance, No. 17 of 1951

Civil Aspects of International Child Abduction Act, No. 10 of 2001

Children and Young Persons Ordinances, No. 48 of 1939

Convention on Preventing and Combating Trafficking in Women and Children for

Prostitution Act, No. 30 of 2005

Education Ordinance, No. 31 of 1934

Employment of Women, Young Persons and Children Act, No. 47 of 1956

National Child Right Protection Authority Act, No. 50 of 1998

Orphanages Ordinances, No. 22 of 1941

Prevention of Domestic Violence Act, No. 34 of 2005

Tsunami Special Arrangements Act, No. 16 of 2005

Youthful Offenders (Training Schools) Ordinance, No. 28 of 1939

An example of Sri Lankan case law related to child rights can be found in the case of In
Re John Mathew (SLR 243, Vol. 1 of 1986). This case was brought before the Court of
Appeal after the Commissioner of Prisons had brought to the notice of the Court that a
child under 16 years had been sentenced to jail.
The accused John Mathew had been charged in the Magistrates Court, Maligakande of
possessing 16 drams of unlawfully manufactured liquor an offence under the Excise
Ordinance and had pleaded guilty to the charge. The Magistrate had fined the accused
Rs.700/ and imposed a default sentence of two and a half months imprisonment in
default of payment of fine.
It had been established by medical examination that the accused Mathew was a boy under
15 years of age and came within the term of young person under the Children and Young
Persons Ordinance Chapter 23. Section 23 (2) states that a young person shall not be
ordered to be imprisoned for any offence or be committed to prison in default of payment
of fine unless the court certifies that he is of so unruly character that he cannot be
detained in a remand home or certified school or that he is so depraved of character that
he is not a fit person to be so detained.

The Court noted that in passing sentence the Magistrate had not at all directed attention to
the provisions of law dealing with an accused of this age. At sight the accused appeared
to be about 15 years of age. If there was a doubt regarding the age of the accused the
Magistrate ought to have got the accused examined by the Judicial Medical Officer.
Further the law specifically provides that an accused of this age should be detained in a
Remand Home or Certified School and not in the prison meant for adults.
The ultimate result of the Magistrate ignoring the provisions of law dealing with young
persons had been that the accused had spent his jail term in the prison meant for adults,
i.e. Welikada Prisons. The jail sentence imposed on the accused was pro forma set aside
and the Prisons directed to immediately release the accused in respect of this case.
The Court ordered that if he is to be detained in respect of any other case, the Prisons
should produce him in the Magistrates Court where any case is pending and obtain an
order to detain him in the Remand Home for Young Persons pending the trial.

4. Relevant State Institutions

4.1.

Ministry of Child Development and Womens Empowerment

The Ministry of Child Development and Womens Empowerment was established at the
end of year 2005, in order to focus on the wide area covering the affairs related to child
development and empowerment of women. Ever since, this ministry has played a key role
in policy and strategy development, planning coordination and implementation of
programmes on child development and empowerment of women (MCDWE, 2012).
Objectives:

To enable participation of children and women in all decision making bodies.

To proactively intervene in the realisation of childrens and womens rights by

formulating policies, laws and regulations and establishing mechanisms for their
implementation, monitoring, coordination and evaluation.

To ensure the protection of women and children from violence, abuse and
exploitation by formulating policies, laws, regulations, and guidelines for
programme development and for coordinating the implementation, monitoring and
evaluation of such programmes.

To contribute to establish a society which is friendly to children and women and

which is sensitive their issues by influencing attitudes through education and
awareness creation.

4.2.

To empower the Sri Lankan women in economical, social and political spheres.

National Child Protection Authority

In December 1996 the President of Sri Lanka appointed a task force on child protection.
This task force recommended several legal amendments, including the establishment of a
National Child Protection Authority.
Subsequently, the National Child Protection Authority (NCPA) was established under the
National Child Protection Act No. 50 of 1998. The NCPAs mandate includes a broad
range of authority, objectives and duties. This includes formulating policies related to
child abuse and exploitation, the therapy and rehabilitation of children who are victims of
such abuse, coordination of the many groups and agencies involved in combating abuse,
including NGOs, monitoring research and resource mobilisation (NCPA, 2012).

4.3.

Department of Probation and Child Care Services

The mission of the Department of Probation and Child Care Services is to establish the
rights of children in Sri Lanka by providing protection for orphaned, abandoned, destitute
children and others in conflict with the law ensuring the maximum participation of
children in keeping with national policies and international standards for children
(DPCCS, 2011).
Main functions:

Moulding the character and rehabilitation of adults, young persons and juvenile
delinquents referred to the Department.

Directing children not obedient to their parents, cutting school, stubborn and
engaged in antisocial activities even though they have not committed any offence
considered as a crime under the Penal Code.

Giving protection to and looking after the orphaned, abandoned, destitute and
children subject to cruelty and faced with various disasters and subject to abuse.

Investigating, supervising and providing aids to voluntary organisations and

institutions engaged in childrens welfare services.

Taking measures to lessen and prevent the number of children likely to breakdown
in life due to poverty or other social requirements.

Implementation of the Convention on the Rights the Child adopted by the United
Nations and taking necessary steps to protect the Rights of the Child.

4.4.

Childrens Secretariat

The Mission of the Childrens Secretariat is to function as the core institution while
coordinating with the concerned governmental and non-governmental organisations for
formulation of policies and programs and for coordination and direction of activities for
the total development of children in Sri Lanka in their early childhood (MCDWE, 2012).
Objectives:

Formulation of a national policy on early childhood care and development and

become the machinery of its implementation.

To coordinate and network the early childhood development programmes with the
public, non-governmental and private sector organisations.

To research collect data and prepare programmes relevant to early childhood care
and development.

To prepare and implement the training programmes related to total development

of the child in his early childhood period.

To build awareness and sensitise public on the importance of early childhood.

5. Relevant International Institutions

5.1.

UNICEF

At the end of World War II, children across Europe were once again faced with famine
and disease. UNICEF was created in December 1946 by the United Nations to provide
food, clothing and health care for European children affected by war. In 1953, the UN
General Assembly extended UNICEFs mandate indefinitely, allowing it begin its first
global campaign (UNICEF, 2012).
Today, UNICEF is active in more than 190 countries and territories and is a driving force
that helps to build a world where the rights of every child are realised. It has the global
authority to influence decision-makers, and the variety of partners at grassroots level to
turn the most innovative ideas into reality.
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UNICEF upholds the Convention on the Rights of the Child. It works to assure equality
for those who are discriminated against, girls and women in particular. It works for the
Millennium Development Goals and for the progress promised in the United Nations
Charter.
UNICEF Sri Lanka was established in 1969 on the signing of the Basic Cooperation
Agreement between the Government of Sri Lanka and UNICEF. In recent times UNICEF
has played an active role in reuniting displaced children with their families, as well as
reintegrating former child soldiers back into society.

5.2.

International Labour Organisation

The ILO is the international organisation responsible for drawing up and overseeing
international labour standards. It is the only tripartite United Nations agency that brings
together representatives of governments, employers and workers to jointly shape policies
and programmes promoting Decent Work for all. This unique arrangement gives the ILO
an edge in incorporating real world knowledge about employment and work.
The ILO was created in 1919, as part of the Treaty of Versailles that ended World War I,
to reflect the belief that universal and lasting peace can be accomplished only if it is based
on social justice. The driving forces for ILOs creation arose from security, humanitarian,
political and economic considerations (ILO, 2012a).
The ILO has four strategic objectives:

Promote and realise standards and fundamental principles and rights at work.

Create greater opportunities for women and men to decent employment and
income.

Enhance the coverage and effectiveness of social protection for all.

Strengthen tripartism and social dialogue.

Sri Lanka was admitted to the ILO in 1948. The following important ILO conventions
related to child labour have been ratified by the Government of Sri Lanka (ILO, 2012b):

C138 Minimum Age Convention, 1973

C182 Worst Forms of Child Labour Convention, 1999

Minimum Age Convention, 1973

This convention was ratified by Sri Lanka on February 11, 2000. The highlights of the
convention are as follow:

Each Member shall specify a minimum age for admission to employment or work
within its territory.

The minimum age specified shall not be less than the age of completion of
compulsory schooling and, in any case, shall not be less than 15 years.

A Member whose economy and educational facilities are insufficiently developed

may initially specify a minimum age of 14 years.

The minimum age for admission to any type of employment or work which by its
nature or the circumstances in which it is carried out is likely to jeopardise the
health, safety or morals of young persons shall not be less than 18 years.

The Convention does not apply to work done by children and young persons in
schools for general, vocational or technical education or in other training
institutions.

Worst Forms of Child Labour Convention, 1999

This convention was ratified by Sri Lanka on March 1, 2001. The highlights of the
convention are as follow:

The term child shall apply to all persons under the age of 18.

The term the worst forms of child labour comprises:

a) All forms of slavery or practices similar to slavery, such as the sale and
trafficking of children, debt bondage and serfdom and forced or
compulsory labour, including forced or compulsory recruitment of
children for use in armed conflict.
b) The use, procuring or offering of a child for prostitution, for the production
of pornography or for pornographic performances.
c) The use, procuring or offering of a child for illicit activities, in particular
for the production and trafficking of drugs as defined in the relevant
international treaties.
d) Work which, by its nature or the circumstances in which it is carried out, is
likely to harm the health, safety or morals of children.

Each Member shall design and implement programmes of action to eliminate as a

priority the worst forms of child labour.
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Each Member shall, taking into account the importance of education in

eliminating child labour, take effective and time-bound measures to:
a) Prevent the engagement of children in the worst forms of child labour.
b) Provide the necessary and appropriate direct assistance for the removal of
children from the worst forms of child labour and for their rehabilitation
and social integration.
c) Ensure access to free basic education, and, wherever possible and
appropriate, vocational training, for all children removed from the worst
forms of child labour.
d) Identify and reach out to children at special risk.
e) Take account of the special situation of girls.

6. Criticism of Child Rights in Sri Lanka

The Realisation of Childrens Rights Index (RCRI) is a grade between 0 and 10 that
shows the level of realisation of Childrens Rights in a country. The lower the RCRI is,
the lower the realisation of Childrens Rights in the country, while a higher value
indicates that more Childrens Rights in the country are real and respected (Humanium,
2012d).
The current RCRI ranking of Sri Lanka stands at 92 out of 196 countries, with an index
value of 7.6. While this ranking is within the upper 50 percent, it is still an indication of
noticeable problems related to child rights within the country. The decades long civil war
in the country would undoubtedly have been the largest contributing factor to this.
However there are several other areas which also need to be addressed.
These areas have been highlighted in the concluding observations of the 55th session of
the UN Committee on the Rights of the Child. According to the report:
4. The Committee notes with appreciation the positive developments related to
the implementation of the Convention, such as the adoption of:

The Penal Code (Amendment) Act No. 16 of 2006 which, inter alia, makes
it a penal offence to engage and recruit a child for use in armed conflict
and in child labour, child trafficking and child pornography.

The Prevention of Domestic Violence Act No. 34 of 2005 which provides

protection orders to safeguard both children and women.

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The Employment of Women, Young Persons and Children (Amendment).

Act No.8 of 2003 which increases the minimum age of employment from
12 to 14 years and enhances penalties for violations.

The National Plan of Action for Children (2010-2015).

5. The Committee welcomes the ratification by the State Party of the Optional
Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography on 22 September 2006.
(UNCRC, 2010)
However the report continues:
6. The Committee regrets that the nearly 30 years of civil war and armed conflict
that ended in May 2009 and the catastrophic tsunami of December 2004
continue to have negative impacts on the situation of children, especially in
the affected regions, and hamper progress in the implementation of the rights
of all children under the Convention.
7. The Committee welcomes efforts by the State party to implement the
Committees concluding observations on the State partys second report.
Nevertheless, the Committee regrets that some of its concerns and
recommendations have been insufficiently or only partly addressed, including
those related to data collection, the definition of the child, children of migrant
mothers, alternative care, children with disabilities, the quality of education
and the minimum age of criminal responsibility (ibid).
Some highlights of the Committees further recommendations are summarised in the
following sections.

6.1.

Legislation

The Convention has still not been fully domesticated in national legislation. The
enjoyment of child rights continues to be negatively affected by the application of
emergency regulations as well as three different sources of law, national laws, Kandyan
and Muslim laws.
The Committee therefore recommends:

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Domestication of the Convention on the Rights of the Child in its national

legislation so that all of its principles and provisions can be applied in courts.

Ensure that all existing domestic law, including any local or customary law, is
brought into compliance with the Convention.

Review without delay its existing emergency laws and to urgently repeal those
incompatible with the State partys international obligations, in particular those
related to juvenile justice.

6.2.

Coordination

The Ministry of Child Development and Womens Empowerment created in 2006 has the
responsibility for coordinating the implementation of the Convention in the State party.
However this coordination remains inadequate due mainly to the low priority accorded by
the State party to childrens issues, the inadequate funding of the coordinating Ministry
and the multiplicity of other bodies with coordination functions, including the National
Committee on Child Rights, the National Monitoring Committee and the National Child
Protection Authority.
Recommendations:

Ensure respect for childrens rights across the State party and at all levels of
Government, national, provincial and district.

Reinforce the coordination role of the Ministry of Child Development and

Womens Affairs by ensuring that the Ministry has high status, sufficient authority
and adequate human, technical and financial resources to effectively coordinate
actions for childrens rights across different sectors and from the national to the
provincial and district levels.

Strengthen the role and leadership of the Ministry in advocacy for child rights,
policy formulation, monitoring of implementation of programmes and
mobilisation of resources for children.

Rationalise the work of the various child rights bodies and provide them with the
necessary human and financial resources to carry out their role with efficiency.

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6.3.

Child rights and the business sector

The Committee expresses its concern about the potential negative impact of private
foreign and domestic business and industries, including in the tea plantations and textile
industries, on the safety, wellbeing and development of children.
The Committee recommends that the State party undertake efforts to establish the
necessary policies and regulatory framework for business and industry to ensure that they
respect and protect the rights of children and operate in a socially and environmentally
responsible way to safeguard the wellbeing of children and their families.

6.4.

Non-discrimination

The Committee expresses concern at the persistent discrimination against children

belonging to the Veddha, Muslim and Tamil communities, among whom those living in
tea plantations are in a particularly disadvantaged situation. The Committee is concerned
that discrimination also persists against girls, rural children, refugee and internally
displaced children, children of overseas workers, children in institutional care and
children with disabilities. The Committee expresses further concern about caste
discrimination which affects 2030 percent of the Sri Lankan population and contributes
to their poor living conditions, rejection and marginalisation.
Recommendations:

Closely monitor the situation of children, in particular those belonging to the

above mentioned disadvantaged groups, who are exposed to discrimination.

Develop, on the basis of results of this monitoring, a comprehensive strategy

containing specific and well-targeted actions, including affirmative social actions,
aimed at eliminating all forms of discrimination against them.

Investigate caste-based discrimination and mobilise communities and government

employees against such discrimination through awareness-raising programmes.

6.5.

Best interests of the child

The principle of the best interests of the child as defined in Article 3 of the Convention
and recalled in other provisions of the Convention has not been consistently applied in
legislative, administrative and judicial proceedings, as well as in policies and programmes
relating to children.

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The Committee recommends the State party to ensure that the principle of the best
interests of the child is applied consistently in all its legislative, administrative and
judicial proceedings, as well as policies and programmes relating to children and that all
professional groups working with and for children, including judges, lawyers and
personnel in the education, health and social welfare sectors are fully sensitised on this
principle.

6.6.

Right to life, survival and development

Insufficient efforts have been made to investigate the death of hundreds of children
during the five last months of the conflict. High levels of malnutrition and poverty
undermine the right to survival and development of many children, especially in the
conflict affected and disadvantaged areas.
Recommendations:

Ensure that prompt, independent and impartial investigations are conducted and
that those responsible for the killings of children are duly prosecuted and
sanctioned with appropriate penalties.

Take the necessary measures to fight the deprivations of malnutrition and poverty
which impact on the life, survival and full development of children.

6.7.

Respect for the views of the child

The general principle of the right of the child to be heard is still absent from most of the
legislations concerning children and is not applied in legislative administrative and
judicial proceedings or in family, school and community.
Recommendations:

Integrate, in an appropriate manner, the general principles of the Convention in all

relevant legislation concerning children.

Apply them in all legislative, judicial and administrative proceedings and ensure
that it is respected in family, school and community.

6.8.

Corporal punishment

While commending the abrogation of the Corporal Punishment Ordinance of 1889 and
the Circular No. 2005/17 issued by the Ministry of Education which prohibits physical
assault or corporal punishment in the school system by any adult on a child, the
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Committee expresses concern that the Education Ordinance of 1939 permitting corporal
punishment in schools has not been abrogated and that corporal punishment therefore
remains lawful in schools as well as in the home and in alternative care settings.
Recommendations:

Prohibit unequivocally by law without any further delay corporal punishment in

the family, schools and alternative care institutions.

Ensure that laws prohibiting corporal punishment are effectively implemented and
that legal proceedings are systematically initiated against those responsible of
mistreating children.

Introduce sustained public education, awareness-raising and social mobilisation

programmes on the harmful effects of corporal punishment with a view to
changing the general attitude towards this practice.

6.9.

Abuse and neglect

The Committee, while welcoming the adoption in 2005 of the Prevention of Domestic
Violence Act No. 34, remains seriously concerned about widespread and growing child
abuse and neglect, including child sexual abuse in the home and community. In addition,
the Committee expresses concern that:

Provisions of the new law are insufficiently known, notably by the police and
protection orders are rarely issued.

In the absence of temporary shelters for women and children victims of domestic
violence, cases of domestic violence remain unreported.

High numbers of children placed in institutions continue to be victims of abuse

and perpetrators very often enjoy impunity in the absence of a formal mechanism
to report such cases.

Trials in cases of abuse and neglect of children take up to six to seven years after
an offence has been committed.

Recommendations:

Formulate a comprehensive national strategy to prevent, combat and punish

domestic violence and other forms of child abuse and neglect.

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Undertake broad awareness-raising programmes and training on domestic

violence and the provisions of the new law for officials who are in direct contact
with the victims as well as for the public at large.

Open as a matter of urgency throughout the State party state-sponsored temporary

shelters exclusively for child and women victims of domestic violence.

Establish a complaints mechanism available and accessible for all children placed
in institutions and ensure effective supervision of child-care workers.

Provide adequate protection to child victims of abuse in their homes, whenever

possible, through restraining and removal orders against the alleged perpetrator.

Reduce the duration of investigation into child abuse and neglect and consider
holding special court sessions to hear those cases in order to speed up the trials.

6.10. Children with disabilities

A high number of children with disabilities, most of them girls, remain deprived of any
type of education and opportunities for children with some types of disabilities, such as
autism, hearing, speech and vision impairments are almost nonexistent. The Committee
further expresses concern that:

Social stigma, fears and misconceptions surrounding disabilities remain strong in

society, leading to the marginalisation and alienation of children with disabilities.

No survey has been conducted on children with disabilities which hinder the
formulation of proper strategies and programmes.

Proper detection system and early intervention services are lacking, notably due to
the dearth of specialised health professionals.

Confusion and overlapping of powers and functions among the different ministries
dealing with the disability issue negatively affect the coordination of actions for
children with disabilities.

Few children are included in mainstream childrens programmes.

Special schools assisted by the Government are not adequately registered and
monitored and children with disabilities are still institutionalised in State or
voluntary institutions, which are not equipped to accommodate such children.

Recommendations:

Sensitise and educate the public at large and persons working with children with
disabilities on the rights of children with disabilities in order to eliminate stigma.
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Ensure that reliable statistics on children with disabilities are collected during the
2011 population census.

Improve early intervention services for children with disabilities by training more
health specialists and conducting mobile clinics offering their services, especially
in rural areas.

Designate a single body to coordinate actions and strategies for children with
disabilities.

Allocate the necessary human and financial resources to improve the quality of
mainstream and special education, and further develop non-formal education
programmes as well as comprehensive and regular teacher trainings adapted to the
different types of disabilities.

Remove children with disabilities from institutions which are unable to fulfil their
rights and meet their needs and establish a special care system with specialised
facilities and trained personnel.

Take into account the Convention on the Rights of Persons with Disabilities and
the Committees General Comment No. 9 on the rights of children with
disabilities.

6.11. Harmful Traditional Practices

The Committee expresses serious concern that Muslim personal laws allow girls to be
married below the age of 12 years. While the Committee notes the creation of a special
committee to study a possible revision of personal laws, it is however concerned that the
State party considers that any reform of the personal laws should come from the affected
communities themselves.
The Committee reminds the State party of its responsibility to take immediate measures
to prohibit early and forced marriages and to raise the age of marriage to 18 years for both
boys and girls in accordance with its national legislation. The Committee urges the State
party to develop sensitisation and educational programmes involving religious and
community leaders, and society at large, including children themselves, to curb the
practices of early and forced marriages which have a negative effect on the development
of children, especially girls.

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6.12. Education, including vocational training and guidance

The Committee is concerned that:

In spite of the need for school infrastructure, especially in conflict affected areas,
public investment in education is at a relatively modest level and lower than the
South Asian average.

Significant disparities in accessing education persist between provinces, affecting

in particular the Uva, Northern, North Central and Eastern provinces.

School fees continue to be charged despite the constitutional guarantee of free

education introducing discrimination against children from poor families and
facilitating corruption in school admissions.

The National Policy on Early Childhood Care and Education (ECCE) is not
funded or implemented, leaving most early childhood development programmes
in private hands.

One out of five children drop out of school before completing the compulsory
nine-year cycle and that high level of absenteeism and repetition persist due
mainly to the low quality of education, especially in the most remote areas where
unqualified teachers continue to work.

Children have few opportunities to be involved in decision making in educational

settings.

Insufficient efforts have been made to include human rights and peace education
in the school curricula.

Recommendations:

Ensure adequate funding of the public education system and urgently develop a
comprehensive education plan for conflict affected areas in the North and East of
the country with clear budgetary allocations for its full implementation and
monitoring.

Strengthen efforts to reduce disparities among provinces and districts in access to

and full enjoyment of the right to education and in particular inequalities in the
distribution of resources to schools.

Take the necessary measures to effectively abolish school fees throughout the
State party ensuring that no child is refused admission to school and take
measures to prosecute perpetrators of corruption in schools.

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Take steps to fund the National Policy on Early Childhood Care and Education
and ensure a holistic early childhood development programme for all children
within the State party.

Improve the quality of education and ensure that children complete their schooling
by taking concrete action to address the reasons behind non-completion of
schooling and ensure through a comprehensive teacher education system that
teachers are well-trained and fully qualified.

Provide suitable vocational or second chance education for dropouts, especially in

conflict affected areas.

Develop child-friendly approaches in schools and ensure effective child and

community participation in decision making and management of schools.

Provide human rights education and, in particular, education in peace, tolerance

and reconciliation for all children in school and train teachers on the promotion of
these values in childrens education.

6.13. Sexual exploitation and abuse

The Committee is concerned that in spite of the magnitude of child sexual exploitation
and abuse in the State party, and notably the high incidence of incest and the exploitation
of approximately 40,000 children as prostitutes:

Legislation does not adequately protect all children from sexual exploitation; and
on the contrary certain provisions may be used to penalise children used in
prostitution.

Children have been placed in remand for being used in prostitution, with relatively
few persons being identified, arrested and prosecuted for the commercial sexual
exploitation of children.

The Supreme Court ruled in 2008 that it could exercise its discretionary power
notwithstanding the minimum mandatory jail sentence of 10 years for raping a
child.

There is no comprehensive data available on child sexual exploitation and abuse

and no central body to monitor the investigation and prosecution of child sexual
exploitation cases.

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There is a lack of shelters and trained professionals to meet the recovery and
rehabilitation and social reintegration needs of children victims of sexual abuse
and exploitation.

Recommendations:

Review all the penal laws relating to the different forms of child sexual
exploitation and abuse and ensure that all boys and girls below 18 years victims of
sexual exploitation are duly protected and supported in denouncing sexual abuse
and exploitation and can no longer be penalised .

Ensure that those who perpetrate sexual offences against children are duly
sanctioned with adequate penalties for such crimes.

Give the responsibility to coordinate all actions against child sexual exploitation
to a single body and provide it with the necessary human technical and financial
resources to carry out its role with efficiency.

Take immediate steps to establish shelters for child victims of sexual abuse and
exploitation where children are provided with rehabilitation and social
reintegration services.

Continue to implement appropriate policies and programmes for prevention,

recovery and social reintegration of child victims.

Seek assistance, if necessary, of specialised international organisations in this

regard, notably ILO and UNICEF.

6.14. Administration of juvenile justice

The Committee notes the establishment of one juvenile court in Colombo and the training
provided to judges on the provisions of the Convention. The Committee, however,
expresses its serious concern that:

The legal minimum age of criminal responsibility remains at a very low level (8
years), and the draft Juvenile Justice Procedure Code currently under review only
raises it to 10 years, which is still well below internationally accepted standards.

Children above 16 years old are excluded from the protection of the Children and
Young Persons Ordinance (CYPO).

The pre-trial detention periods are long, children are often ill-treated by the police
and often appear before a court for extremely minor offences and remain in

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remand homes for months, or years in a few cases, against the legal period of 28
days, with no access to education and at the risk of being abused.

The separation between children and adults is not always guaranteed in relation to
transport to and from court.

Juvenile courts have not been established throughout the State party to hear cases
involving children and children are rarely provided with legal assistance when
appearing before court.

Sentencing remains severe and disproportionate with the systematic use of threeyear sentences for minor offences such a petty theft and affects disproportionately
children from poor families that cannot afford a lawyer or pay for bail.

Community-based alternatives are limited and institutionalisation is frequently

used.

Recommendations:

Raise the legal age of criminal responsibility to internationally acceptable level.

Accord protection of juvenile justice provisions to all children below 18 years and
amend the CYPO accordingly.

Ensure that children are held in detention only as a last resort and for as short a
time as possible, that detention is carried out in compliance with the law and
respects the rights of the child, including the ten-hour time limitation for custody
of children, that children are separated from adults both in detention and in
transportation to court and that children are not ill-treated in detention and the
conditions in detention facilities meet international minimum standards.

Ensure that sentencing and detention take into consideration the best interests of
the child and should be the lowest possible and be periodically reviewed.

Take the necessary measures to extend specialised juvenile courts across the
country, to train juvenile justice judges and develop a comprehensive training
programme for police brigades, judges and social workers to strengthen technical
capacity and knowledge on juvenile justice systems and alternatives to detention.

Make use of the technical assistance tools developed by the United Nations
Interagency Panel on Juvenile Justice and its members, which include UNODC,
UNICEF, OHCHR and NGOs and seek technical assistance in the area of juvenile
justice from members of the Panel.

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7. Conclusion
Much progress has been made in Sri Lanka with respect to Child Rights, especially within
the last two decades. However there are several areas where the country falls short of
internationally accepted standards. The end of the decades-long civil war should be seen
as an opportunity to improve the standard of Child Rights within the country, but it will
undoubtedly require a dedicated effort with committed leadership.

8. List of references
DPCCS (2011), Department of Probation and Child Care Services, www.probation.gov.lk
HRCSL (2012), Domestic Instruments and Institutions, Human Rights Commission of
Sri Lanka, www.hrcsl.lk
Humanium (2012a), Geneva Declaration of the Rights of the Child, 1924: About the
Declaration, Childrens Rights Portal, www.childrensrightsportal.org
Humanium (2012b), Declaration of the Rights of the Child, 1959: About the
Declaration, Childrens Rights Portal, www.childrensrightsportal.org
Humanium (2012c), The Convention on the Rights of the Child: Definition of the
Convention, Childrens Rights Portal, www.childrensrightsportal.org
Humanium (2012d), Realization of Childrens Rights Index, Childrens Rights Portal,
www.childrensrightsportal.org
ILO (2012a), About the ILO, International Labour Organisation, www.ilo.org
ILO (2012b), ILO conventions ratified by Sri Lanka, International Labour
Organisation, www.ilo.org
MCDWE (2012), Ministry of Child Development and Womens Empowerment,
www.childwomenmin.gov.lk
NCPA (2012), National Child Protection Authority, www.childprotection.gov.lk

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RCW (2005), Sri Lanka, Representing Children Worldwide, Yale Law School,
www.law.yale.edu/rcw
UNCRC (2010), Concluding Observations: Sri Lanka, Consideration of reports
submitted by states parties under article 44 of the convention, Committee on the Rights of
the Child, 55th session, Sep 1Oct 13, 2010
UNICEF (2009), A summary of the United Nations Convention on the Rights of the
Child, UNICEF UK, www.unicef.org.uk
UNICEF (2012), About UNICEF: Who we are, UNICEF, www.unicef.org
Yates, M. (2012), Eglantyne Jebb, Leader Values, www.leader-values.com

All electronic sources retrieved in January 2012.

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