Children’s Rights, International Legal Standards and the System of Juvenile Criminal Justice in Sri Lanka

Abstract

<p>Statistics around the world indicate that there is a continuous increase in the number of children who come into contact with the criminal law. Sri Lanka is no exception. Under these circumstances, the focus of this thesis has been on children who come into conflict with the criminal law of Sri Lanka. The study examines both the treatment of children in conflict with the criminal law and the process of administration of justice for children within the framework of the juvenile justice system of Sri Lanka. While evaluating the judicial process for these children in Sri Lanka, especial attention is paid to the extent to which this process adheres to accepted international norms that promote children’s rights. In reflecting on the degree to which international standards of children’s rights are thus embedded in the Sri Lankan juvenile justice system, it is anticipated that this work will provide deeper insights into what needs to be done to improve justice for children within this system.</p> <p>Accordingly, this thesis seeks to argue and demonstrate that Sri Lanka, as a state party to the United Nations Convention on the Rights of the Child (UNCRC), violates the established human rights of children in conflict with the criminal law. Further, it illustrates that Sri Lanka significantly deviates from the internationally accepted minimum standards for managing child offenders.</p> <p>Several research methods were used to establish these two arguments. The methods included an extensive literature review, law-policy analysis, case studies, and doctrinal methods. The analysis of pre-sentencing reports, stakeholder interviews (with key informants – KI), focus group discussions with KIs, and observational visits to courts, police stations, juvenile detention centres and probationary offices provided useful empirical evidence.</p> <p>Analysis of Sri Lankan laws and policies related to juvenile justice points to significant gaps in the existing juvenile justice system and departures from the expected international conceptual framework, while the interviews, presentence reports, case studies and observational visits to juvenile justice agencies reveal empirical evidence to support that Sri Lanka does violate the UNCRC in relation to how juvenile offenders are managed. It is also seen from this analysis that Sri Lanka is far from meeting the minimum international standards envisaged by the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (‘The Beijing Rules’) in respect to managing children in conflict with the criminal law.</p>