State Responsibility regarding Child Protection: Recent Incidents, the Rule of Law, and Social Discourse

Philip Dissanayake, Executive Director, Right to Life Human Rights Centre

Incidents of child abuse cannot be considered merely crimes committed by a few individuals. Rather, they represent a severe weakness in the protection system that must be collectively built by the state, the education system, religious institutions, and communities. As a state signatory to the United Nations Convention on the Rights of the Child (UNCRC), Sri Lanka has assumed the responsibility of protecting children from all forms of violence, abuse, and neglect. However, given recently reported incidents and investigative delays, it does not appear that this responsibility is being fulfilled in practice.

The harm caused when a child is subjected to abuse is not temporary; it inflicts long-term impacts on their mental health, educational pursuits, and future prospects. Therefore, the prevention of child abuse is not merely a matter of social welfare, but an issue directly tied to the country’s human development and survival.

Places of Worship and the Crisis of Child Safety

The serious allegation that the 71-year-old Atamasthanadhipathi—who oversees eight globally recognized sacred Buddhist sites—sexually abused a 15-year-old girl over several years has drawn intense scrutiny and concern regarding child safety in Sri Lanka.

When such behaviour is reported within the highest leadership of venerated religious institutions established to instill moral discipline in children, it generates profound fear within society regarding the safety of the entire child population. According to a report by the Organized Crime and Corruption Reporting Project (OCCRP):

• Nearly 300 members of clergy have been accused of child abuse in Sri Lanka over the past three years.
• Charges have been filed against only approximately 30 of them so far, according to information from the National Child Protection Authority (NCPA).

These tragic incidents indicate that certain religious institutions, as well as specific schools, are transforming into spaces that prey upon children for various purposes.

The Rule of Law: The Need for Law Enforcement Regardless of Status

Sri Lanka possesses robust legal provisions to protect children. Specifically, child protection is safeguarded through the Penal Code of Sri Lanka (incorporating grave sexual abuse under Section 365B, and cruelty to children under Section 308A) and the Children and Young Persons Ordinance, No. 48 of 1939.

However, the primary problem is not the absence of laws, but their lack of proper enforcement. Regardless of a perpetrator’s social status, political power, wealth, or religious affiliation, the law must be enforced equally and strictly for all. The state must not allow religious or institutional cover to serve as a shield that protects criminals.

Social Discourse and the Promotion of Child Rights

Even amidst these dark events, the resonant public voice and discourse that have emerged against perpetrators, regardless of their status, must be highly commended. Topics previously suppressed due to religious or elite influence, or out of fear of reprisal, are today being boldly questioned through social media and mainstream media.

This awakening can serve as a catalyst to promote child rights in Sri Lanka. Such societal vigilance exerts pressure on lawmakers and authorities, paving the way for an expedited, transparent legal process.

Systemic Breakdown: Statistics and Root Causes

The environment that enables child abusers is often created by extreme poverty faced by families, a lack of quality education, and social inequality. National and international statistics clarify the scale of the risk faced by children in Sri Lanka:

Child Abuse Complaints (National Child Protection Authority):

• In 2025, 10,455 complaints of child abuse were reported (nearly 30 complaints a day).
• Investigation delays: Out of more than 10,000 complaints received annually, authorities have managed to investigate only about half. At present, investigations into over 40,000 complaints remain unresolved.

Economic and Health Crises:

• Poverty: According to World Bank reports, driven by the economic crisis and the rising cost of living, Sri Lanka’s national poverty rate has increased to 24.9%, with a quarter of the population living below the poverty line.
• Malnutrition and Poverty (UNICEF): 12% of children under the age of five face malnutrition, while 42.2% of children under five suffer from multidimensional poverty.

Educational Inequality:

• A survey by the Department of Census and Statistics reveals that 51,249 children of school-going age (aged 5–17 years) have never attended school.
• While children in urban areas receive comprehensive facilities, the deprivation of even basic education for rural and estate-sector children has created a cycle that reproduces poverty. When poverty distances children from education, they become highly vulnerable to exploitation.

Securing the Future

A dialogue on child protection should commence not after a crime has occurred, but proactively, by creating the social, economic, and legal environment necessary to prevent such offences. The true challenge confronting Sri Lanka today is deciding whether to build a system that protects children and provides them with equal opportunities, or to perpetuate a society where children become victims of a failed system.

Securing the future generation is not merely an act of sympathy for children, but an essential investment that must be made to protect the country’s democracy, economy, and human development. A sustainable future can only be built in a nation where the law is applied equally to all, and where a safe, healthy, and dignified childhood can be guaranteed for every child.