National Laws to Protect Rights of Children in Sri Lanka

National law in Sri Lanka has moved away from a position of exclusive faith in criminal processes to protect children to a more direct child- or victim-focused protective approach at the legislative and conceptual level (GOSL, 2008). National laws in Sri Lanka that cover child rights are as follows-

1.The Children and Young Persons Ordinance No. 48 of 1939
This ordinance is the principal legislation in Sri Lanka which addresses the rights and interests of a child or young person who is a victim of an offence or who is facing a charge for an alleged offence. It deals with the protection of children and young persons, Juvenile courts and supervision of juvenile offenders.

2.The Adoption of Children Ordinance No. 24 of 1941
The adoption ordinance has general applications in Sri Lanka. Therefore, customary laws such as Muslim law and Thesawalami law does not apply except in the case of succession. This provides procedures for the adoption of children and registration for persons who are not the natural parents of the child but have the care, custody or control of child, in the District courts. Types of adoption are categorized as local adoption (adopting a child from a receiving home or related or known child) and foreign adoption (adopting a child from a receiving home or a child who is related by blood).

3.The Tsunami (Special Provisions) Act 2005
This act has provisions to deal with persons affected by Tsunami; special provisions for Tsunami orphaned children regarding their guardianship, custody, foster care and adoption; monitoring and evaluation of custody, foster care and recommendations for adoption.

4.The Employment of Women, Young Persons and Children (Amendment) Act No. 8 of 2003
This act has strengthened child labour law by increasing the minimum age of employment from 12 to 14 years, and prohibiting the employment of children under 14 while enhancing the sentence for violation of this provision. This act has further classified the minimum age for employment at sea (on a vessel) as 15 years; for training to take part in performances of a dangerous nature as 16 years; for public performances endangering life or limb, prescribed hazardous occupation and night work as 18 years.

According to this Act, a child may work in light agricultural or horticultural work before the commencement of regular school hours or after the close of school hours, by his or her parent(s)/ guardian(s); or in any school or other institution supervised by a public authority that imparts technical education or other training for the purpose of any trade occupation.

5. The Factories Ordinance No.45 of 1942
According to the Factories Ordinance, children between 16-18 years should not engage in work for more than 12 hours per day. They should not start work earlier than 6 a.m. and should not work after 6 p.m. Maximum hours of work for a young person are 60 hours per week, including overtime.

6. The Shop and Office Employees Act No.19 of 1954
Minimum age for employment in a shop or office is 14 years. A child between 14-18, who is working in a shop or office, is not allowed to work before 6a.m. after 6 p.m. Males who have attained the age of 16 years can work at night between 6p.m. and 10 p.m. in or about the business of a hotel, restaurant or place of entertainment.

7.The Minimum Wages (Indian Labour) Ordinance No.27 of 1927Minimum age of work according to this ordinance is 14 years.

8. The Mines and Minerals Act No. 57 of 1981
Mine age is allowed for a person who has attained 16 years of age as long as the young person provides a certificate of fitness to the manager of the mine.

9. The Trade Unions Ordinance No. 14 of 1935
A person should be at least 16 years to be a member of a trade union.

10. The Penal Code No.2 of 1883
This deals with the worst forms of child labour in Sri Lanka. Employing a child to appear or perform in any obscene or indecent exhibition or show, photograph or film; causing or procuring a child to beg; hiring or employing children to traffic in restricted articles; sexual exploitation of children; debt bondage; serfdom; forced or compulsory labour; slavery; and engaging or recruiting a child for use in armed conflict are considered worst forms of labour and is prohibited in Sri Lanka.

11. Regulation No. 1003/5 dated 25.11.1997, passed under the Education Ordinance No. 31 or 1939

12.The Citizenship (Amendment) Act No.16
The Citizenship (Amendment) Act No.16 of 2003 enabled children to acquire nationality from both parents, whereas under the previous law it was only the father who was able to pass on Sri Lankan nationality to children.

13.The Prevention of Domestic Violence Act No.34 of 2005
The Prevention of Domestic Violence Act No.34 of 2005 which provided for protection orders to be urgently obtained to safeguard those suffering and at risk of domestic violence including both women and children.

14.The Penal Code (Amendment) Act No16 of 2006
The Penal Code (Amendment) Act No16 of 2006 strengthened the law against child trafficking including that by electronic media. The new section 360C adopts the wide definition of trafficking in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. The new section 358A has criminalized outstanding worst forms of child labour as stipulated in the International Labour Organization (ILO) Convention No.182: debt bondage and serfdom, forced or compulsory labour, slavery and engagement or recruitment of children in armed conflict. (The former three apply to all persons, not only children)

15.The International Covenant on Civil and Political Rights (ICCPR) Act No.56 of 2007
The International Covenant on Civil and Political Rights (ICCPR) Act No.56 of 2007 provided that the best interests of the child shall be of paramount importance in all matters concerning children whether undertaken by courts, administrative authorities, legislative bodies or public or private social welfare institutions, and strengthened protection for children in respect of birth registration, name and nationality and legal assistance.