SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

person torturing the child. 621 It also forbids, regardless of the child’s consent, forcing,
threatening, using, inducing, instigating, encouraging or allowing a child to perform or act in
a pornographic manner, regardless of whether the intention is to obtain remuneration or
anything else. 622 The law establishes a National Child Protection Committee to, among other
things, advise the government on policies and programmes related to the law. 623
Under Sri Lanka’s Penal Code, “sexual exploitation of children” is severely punishable. It
includes keeping a child to be sexually abused in any premises, procuring a child for sexual
abuse or intercourse, inducing persons to be clients of a child for sexual intercourse through
print or other media, threatening a child for sexual intercourse or abuse, or paying the child or
its parents for the same. 624
The International Covenant on Civil and Political Rights Act, 2007, has been legislated “to
give effect to certain Articles in the International Covenant on Civil and Political Rights
relating to human rights which have not been given recognition through legislative
measures”. It includes a guarantee that every child has the right, inter alia, to “be protected
from maltreatment, neglect, abuse or degradation” and be given legal assistance by the State
at its expense in criminal proceedings affecting the child, if lack of such representation would
result in substantial injustice.” 625 This law provides an efficacious remedy directly before the
High Court in cases where there has been an alleged or imminent infringement of a human
right stipulated in the Act, due to executive or administrative action. 626
Sri Lanka also has a National Child Protection Authority Act, 1998 aimed at formulating a
national policy to prevent child abuse, protect and treat children subject to such abuse and to
coordinate and monitor action against child abuse. The Authority has members representing,
inter alia, the mental health profession, physicians, police, and civil society representatives
from the fields of education, law and child welfare. 627 The Authority is vested with several
functions, including a policy-making role (formulating policy, recommending law reform,
creating awareness, monitoring implementation of laws and investigation of cases etc.)
However, it is also vested with enforcement functions, which include taking measures to
secure protection of children who are involved in criminal investigations, to receive
complaints of child abuse and refer them to the appropriate authority, maintain a national data
base of child abuse cases 628 and empowering officers to enter, inspect and seek information
from premises where child abuse or illegal adoptions, are suspected to be occurring and seize
material or detain any person for this purpose. 629 Persons who fail to provide or provide false
information to officers are liable to imprisonment. 630
Bangladesh’s Child Protection Act, 1974, punishes persons in charge or control of a girl
under the age of 16 years who “causes or encourages the seduction or prostitution of that girl
or causes or encourages any person other than her husband to have sexual intercourse with
621 Article 43, ibid.
622 Article 26, ibid.
623 Chapter 1, ibid.
624 Section 360B, Penal Code, 1883 (Sri Lanka)
625 Section 5, International Covenant on Civil and Political Rights Act, 2007 (Sri Lanka)
626 Section 7, ibid.
627 Section 3, National Child Protection Authority Act, 1998 (Sri Lanka)
628 Section 14, ibid.
629 Sections 34, 35, ibid.
630 Section 37, ibid.
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