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SL’s road to upholding child rights

SL’s road to upholding child rights

22 Nov 2023 | BY Mohammed Mahuruf

  • Achievements and obstacles include healthcare, nutrition, education, and social protection


In Sri Lanka, significant progress has been made in improving children’s access to healthcare and education. The country boasts a robust healthcare system offering free services to all children and has achieved considerable success in increasing enrolment rates and enhancing the quality of education. However, disparities in access to healthcare and education persist, especially between urban and rural areas and across different social and economic groups. In addition to these disparities, more efforts are needed to ensure inclusive education for children with disabilities and to address the critical issue of child malnutrition.

Many children in Sri Lanka live in conditions of poverty, which limits their access to basic necessities such as nutrition, healthcare, and education. Child malnutrition in Sri Lanka increased last year (in 2022) amidst an economic crisis, as reported by the United Nations (UN) International Children’s Emergency Fund. The Health Ministry’s Family Health Bureau indicated that all forms of malnutrition in children have risen since 2016. According to the bureau, over 43.4% of children under five years suffer from nutrition problems. The economic crisis has caused a surge in food prices, making it challenging for families to provide adequate nutrition for their children.

The education system in Sri Lanka is renowned for its high quality, with a literacy rate of 92.38% – significantly higher than the South Asian average. Yet, children face several challenges within the system, including accessibility issues, especially for those from marginalised and disadvantaged backgrounds. Factors such as poverty, discrimination, or the lack of infrastructure and resources often hinder access to quality education. Furthermore, children with disabilities face significant barriers to inclusive education, and there are concerns about the quality of education, including outdated teaching methods and insufficiently trained teachers.




Child labour a persistent issue


Despite some progress in addressing child labour, particularly through amendments to the Children and Young Persons Ordinance, child labour remains a significant problem in Sri Lanka. A large number of children are still engaged in exploitative work, particularly in the agricultural sector, followed by the service and manufacturing industries. The situation is particularly acute in rural and plantation areas, where poverty and the lack of opportunities push children into working.

Efforts to combat child labour include the implementation of laws and regulations, but more needs to be done to protect the rights and wellbeing of these young individuals. Failing to address this issue violates Article 32 of the UN Convention on the Rights of the Child (CRC), which focuses on protecting children from economic exploitation and hazardous work. It also goes against Article 28, which emphasises the right of all children to access education without discrimination and aims at developing their full potential. Moreover, this issue falls under Article 24, highlighting the right of children to the highest attainable standard of health and access to medical services.


Articles 19, 34, & 35 

Sri Lanka faces significant challenges in implementing Articles 19, 34, and 35 of the UNCRC. Article 19 addresses the protection of children from all forms of violence, abuse, and neglect. Despite various efforts, there is a pressing need for more effective prevention, reporting, and the prosecution of child abuse cases, including physical, sexual, and emotional abuse. The prevalence of corporal punishment in schools, despite initiatives to ban it, further illustrates the challenges in eradicating violence against children.

The commercial sexual exploitation of children, as addressed in Article 34, remains a critical issue. Child prostitution, child pornography, and child trafficking for sexual exploitation are areas where the Government must take stronger measures, including law enforcement and increased awareness.

Child trafficking, mentioned in Article 35, presents another challenge. Sri Lanka is both a source and a transit country for the trafficking of children for various purposes, including forced labour and sex trafficking. Enhanced interagency coordination, better identification and protection mechanisms, and improved victim support services are necessary to combat this issue.


FoE for children in SL

Respecting the views of the child is a key principle of the UNCRC. The Government has taken steps to promote children’s participation through the establishment of children’s councils and platforms at various levels. However, ensuring that children’s voices are heard and respected in decision-making processes, especially in areas such as child protection and education, requires more effort.

Freedom of expression (FoE) is essential for children's participation and contribution to society. However, societal norms often restrict the voices and opinions of children, treating them as subordinate to adults. Traditional hierarchical structures in families and schools can inhibit open dialogue, preventing children from freely expressing their thoughts and opinions.


Key challenges

Implementing the UNCRC in Sri Lanka involves several challenges. Poverty and its impact on children's rights are significant issues. Despite poverty alleviation programmes, extreme poverty persists in rural and urban areas, affecting children's access to education, healthcare, and social protection. Economic disparity further increases children's vulnerability to exploitation, trafficking, and child labour.

Cultural and traditional practices sometimes conflict with the principles of the UNCRC. Practices like child marriage are still prevalent in certain communities, contradicting the Convention's objectives. The impact of the long-standing civil war – which ended in 2009 – has also affected children's rights, with many displaced children lacking access to basic rights such as education and healthcare. The slow post-conflict rebuilding process hinders the implementation of children's rights.

Gender inequality affects the implementation of children's rights, particularly for girls. Discrimination and harmful practices like child marriage and gender-based violence undermine girls' rights and wellbeing. Moreover, there is a lack of awareness among parents, caregivers, and communities about children's rights and the Government's obligations under the UNCRC.


Strategies to uphold the UNCRC

To effectively implement the UNCRC, the Government should take several steps, including reviewing and updating existing legislation to align with the Convention, conducting awareness campaigns, and actively encouraging children's participation in decision-making processes.

Robust child protection mechanisms are essential, along with prioritising the provision of free, inclusive, quality education for all children. Prioritising children's health and wellbeing by ensuring access to essential healthcare services, nutrition, sanitation, and clean water is also crucial.

Eliminating child labour requires enforcing laws and regulations against it and providing livelihood opportunities and social protection for families to alleviate poverty. A fair and child-friendly justice system that prioritises the rights and protection of children is vital, as is establishing a robust data collection and monitoring system to track progress on children's rights and wellbeing.


Conclusion

On Universal Children's Day, it is crucial to reflect on the progress made in advancing children's rights and acknowledge the challenges that remain. The Government's commitment to upholding the UNCRC must translate into tangible actions and policies. Collaborating with international organisations, non-governmental organisations (NGOs), and civil society is essential for exchanging knowledge, receiving technical assistance, and mobilising resources for effective implementation. Let us reaffirm our commitment to creating inclusive societies where every child can thrive, regardless of their background or circumstances. Together, we can build a brighter future for every child.



(The writer is the Executive Director of Protecting the Environment and Children Everywhere/End Child Prostitution in Asian Tourism Sri Lanka, which is an NGO focused on child protection by way of ending sexual abuse and exploitation of children)

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The views and opinions expressed in this article are those of the author, and do not necessarily reflect those of this publication.




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