THE ABSOLUTE PROTECTION AVAILABLE FOR THE CHILDREN UNDER THE PREVENTION OF DOMESTIC

VIOLENCE LAW; SRI LANKAN PERSPECTIVE

Ishara Kumudumalee MunasingheFaculty of Law

General Sir John Kotelawala Defence UniversitySri Lanka

Outline of the study

• Introduction

• Research question

• Objective

• Methodology/Approach

• Discussion

• Conclusion

• Recommendations

Introduction

• Whenever a human below 18 years

A CHILD

• May subjects OR

• Above to be subjected to

Domestic Violence

• Is able to seek the remedy under the

Prevention of Domestic Violence Act (No of 34 of 2005) of Sri Lanka

Statutory definition on domestic Violence

Section 23 of PDVA

An act constitutes an offence specified in schedule 1

Chapter XVI of the Penal Code

Section 372 of the Penal Code

Any emotional abuse

A pattern of cruel, inhuman, degrading or humiliating

conduct of a serious nature directed towards an aggrieved

person.Section 483 of the

Penal Code

Research question and Objective

• Does the domestic legal mechanismestablished in order to protection of the rightsof the children from domestic violence isaccurate and effective?

• The objective of this study is to assess theefficiency of the available domestic legalmechanism established in order to protect therights of the children from domestic violencesituations with reference to relevant domesticand international legal standards.

Methodology/Approach

The study is totally based on qualitative methodology,which largely focused on critically analyzing the provisionsand approach of PDVA of Sri Lanka, Constitution of theDemocratic Socialist Republic of Sri Lanka and otherrelevant domestic legal instruments.

Even though, there are many international legalinstruments can be found in relation to the topic, whichhad been ratified by the Sri Lanka, the study basicallyfocuses on and limits to the analysis of the Convention ofRights of the Children (CRC).Further, the study is limited toanalyze few recognized rights; i.e. Right of equality, right toprivacy, right of social security etc

Discussion

The discussion is on the level of protection of the aforesaid right of the children under the

PDVA

Right to privacy

Right of equality and equal protection of the law and right to

access to justice

Rights of social security, right to

remedy and right to reparation

Comparison of domestic and international standards

Section 2 of the PDVA, Article 2 of the Children's Charter , Article 12(1) (2) of the

Constitution

Article 2, Article 3, Article 12 of the Convention of the

Rights of the Child

Right of equality and equal protection of the law and right to access to justice

(Contd…)

Right to privacy

Article 40 of the Convention of the Rights of the Child Article 16 of the

Children’s Charter-Sri Lanka

(Contd…)

Rights of social security,

right to remedy and

right to reparation

Convention of the Rights of the Child

Article 26

Section 4,5,10 of the PDVA

Conclusion

• The PDVA can be appreciated as a statue with asound legal framework. Yet, there are manypractical difficulties in terms of theimplementing the phrase introduced by thestatute.

• It is hard to find a helping hand in order to seekjustice against his/her own family member whocommits or above to commit the violenceagainst the children. Further, this sort ofapproach does not encouraged by the socialand religious norms of the state.

• Sometimes child may disappoint with theremedy provided by the court; probablyinstance where an order been granted torespondent refraining from entering theresidence pace of the aggrieved child. There ishuge issue with the practical situation of theimplementing phrase of the order.

• An incident of domestic violence may changethe whole peaceful environment of the child’sworld.

Recommendations

• The sensitivity towards the rights of the child among the familymembers must be improved.

• The officials involved in the entire process of tolerance of thedomestic violence are too have to be sensitive towards therights of the victimized children of domestic violence whoseeks just and equity.

• The state must bring immediate effect to the children’s charter.• The role of the National Child Protection Authority established

under the National Child Protection Authority Act, No. 50 of1998 must be significant in terms of combating the domesticviolence against children.

• Some of the statutory provisions have to be alter and/ormodify with regard to the excepted social and religious normsin order to avoid the laps of procedure of seeking justice.

THANK YOU