The Hon. Harshana Nanayakkara, Attorney-at-Law - Minister of Justice and National Integration

¶ 01 Madam Deputy Chairperson, at the outset I wish all women a happy International Women’s Day.

¶ 02 Women’s contribution and service to society cannot be confined to a day, a week or even a year. I also note that many constructive ideas were presented today from both Government and Opposition, including laws and constitutional rights needed for women’s protection. While a strong legal framework is essential, as the Hon. Prime Minister said, laws on paper are not enough if attitudes do not change. Attitudes are formed in childhood, based on what children observe. To build a society that respects and protects women, it must begin at home. Every mother and father should teach boys that cooking or washing dishes are life skills, not tasks “belonging” to women. If we cultivate that from childhood, within a generation or two the need for laws to protect women will lessen because society itself will stand up for them.

¶ 03 There is also a societal view excusing boys: “Boys will be boys.” They are allowed what girls are not, and grow into men whose childish behaviour becomes normalized. We must rethink this.

¶ 04 Sri Lanka signed the UN Convention on the Rights of the Child (UNCRC) in 1990 and ratified it in 1991. We are a dualist State, so domestic law is needed to incorporate treaty provisions. However, the Supreme Court has delivered many decisions allowing consideration of UNCRC concepts such as the “best interests of the child” (reflected in Section 5(2) of the ICCPR Act) in State action. Article 27 of the Constitution (Directive Principles and Fundamental Duties) also guides us. We structured these Votes understanding UNCRC Articles 6 (right to survival and development), 3 (best interests) and 12 (right to be heard and evolving capacities).

¶ 05 Our Budget addresses child malnutrition: a monthly nutrition allowance of Rs. 7,500 for pregnant mothers; Rs. 1,000 allocated for preschool breakfasts. We are building an education system to prepare our children for the future so every child has a fair chance to escape poverty. We will also outlaw corporal punishment. A Bill has been drafted and, as Minister of Justice, I will expedite its presentation to Parliament. Scientific evidence shows corporal punishment harms children’s development, causes physical and psychological trauma, affects brain development, fosters school disengagement and dropouts, and undermines self-esteem and dignity. We are not saying, “Do not discipline children”; we are saying, “End corporal punishment.”

¶ 06 People face crises. Children exposed to violence from an early age see violence as the way to solve problems and continue that into adulthood. Violence begets violence. Even the Children and Young Persons Ordinance (CYPO) envisages juvenile courts to supervise, not punish, juvenile offenders, aiming at rehabilitation—because it is easier and less costly to society to heal a broken child than a broken adult.

¶ 07 Children intersect with the law in various ways: as children in need of care and protection (CYPO Section 34), as offenders, as victims of crime, or appearing in maintenance/divorce proceedings. We must establish child‑friendly courts. Courts should be spaces that are sensitive to children: with facilities such as waiting areas, nursing spaces, appropriate washrooms, and language usage suited to children. Many judicial officers already minimize children’s court appearances; we appreciate that. Now, as policy, the Ministry of Justice, with the Department of Probation and Child Care Services and my colleague Minister, is working to establish child‑friendly courts.

¶ 08 A major problem is transport: children in institutional care are often transported mixed with adults without safe systems. This long-discussed problem lacked resources. For the first time, the Budget allocates Rs. 250 million to provide vehicles for safe transport of these children.

¶ 09 Juvenile justice should prioritize: prevention; diversion; and, where conviction occurs, suitable alternative care instead of institutionalization. We will build the necessary “safety valves.” The best place for a child is the family; we must address and prevent the causes that separate children from families. The Budget provides for such measures.

¶ 10 A 2019 survey by the Department of Census and Statistics with the Department of Probation and Child Care Services showed that about 85 per cent of institutionalized children come from broken families, primarily from the lowest economic strata. They need psychosocial support and community-based interventions to reintegrate.