Child-Friendly Justice and the Best Interest of the Child: A Comparative Analysis of Sri Lanka, India, and International Standards

Abstract

A child is generally regarded as a person below the age of eighteen years. Even though some diversions can be found from this general concept in special instances, it is an undoubtedly accepted principle that the best interest of the child is the paramount consideration in any disputed situation. This concept shall be regarded as the fundamental ground of a child-friendly justice system. This system intends to ensure a child to special treatment in a manner consistent with the child’s sense of dignity and worth and which reinforces the child’s respect for human rights and fundamental freedoms of others and seeks to guarantee the respect and the effective implementation of all children’s rights. After a comprehensive studyof the existing juvenile justice systems in Sri Lanka and India, it was discovered that Sri Lanka requires more measures to eliminate the practical difficulties a child faces during a court proceeding and to ensure the best interest of the child in a child-friendly juvenile justice system.