The Children and Young Persons Ordinance is to be amended to provide it with more teeth to arrest the increasing trend of child abuse cases before court. Twenty seven percent of all cases before the High Courts relate to child abuse.
A proposal for a major amendment of the Children and Young Persons Ordinance No 48 of 1939 was presented on November 13 to Justice and Law Reforms Minister Milinda Moragoda and Child Care and Women’s Development Minister Sumedha Jayasena. UNICEF Representative in Sri Lanka Philippe Duamele, UNICEF Legal Consultant, Sajeewa Samaranayake and Probation and Child Protection Service Commissioner D.M.S. Abeygunawardena were also present.
“Making the law, amending the law: all this is easy. What is not so easy is getting the law into motion. If all the laws that are passed were implemented this country would surely be a paradise,” Moragoda said, stressing that though this amendment is a huge leap in child rights, special attention should be paid to make it not yet another ‘road’ to paradise.
The original Children and Young Persons Act was enacted in 1939. It has since undergone several minor amendments, none carrying great impact.
The current amendment has been designed by the Department of Probation and Child Care Services under the guidance of the Justice and Law Reforms Ministry and the Child Development and Womens’ Affairs Ministry and funded by UNICEF. It is a result of extensive research which included ideas and opinions of affected children.
Under the proposed amendment, the age limit of a child will be changed from 16 to 18. The name of the ordinance will be replaced by the ‘child protection and juvenile justice ordinance’.
Children awaiting legal aid are identified in two categories: children in need and children in conflict with the law.
Children in need refer to victims of child abuse, child labour, orphans etc. Children in conflict with the law, formerly referred as Juvenile offenders, are those guilty of legal offence.
Previously both categories were placed in the same legal provision, but under the new system, they will be considered as two different entities, including being provided separate temporary care.
The joint operation of the police, probation officers and labour officers (in cases of child labour) will be implemented. Under the prevailing system, probation officers take over the well-being of the child following police investigation, making the procedure both lengthy as well as painful for the child.
Several significant amendments have been made concerning the well-being of child victim or juveniles with regard of the four categories of investigation, temporary care, releasing resources and social reintegration. In the case of child offenders, special procedures will be employed to make the child less uncomfortable and discriminated. |
