Strengthening child protection through legal reform: Governing alternative care in Sri Lanka in the best interest of the child

Abstract

Background: Alternative care serves as a crucial mechanism for safeguarding the welfare of children who are unable to remain with their biological families. In Sri Lanka, the legal framework governing alternative care is rooted in a combination of statutory provisions, judicial interpretations, and international human rights obligations. However, challenges persist in ensuring that these laws adequately address the evolving needs of children and align with the principle of the "best interest of the child," a cornerstone of international child rights law. Method: This paper through a qualitative study examines the legal framework governing alternative care in Sri Lanka through the lens of the best interests of the child principle. It explores key legislative instruments such as the Children's Ordinance No. 48 of 1939 (as amended) and the Adoption of Children Ordinance No. 24 of 1941, alongside relevant international conventions like the United Nations Convention on the Rights of the Child (UNCRC). Results: The analysis finds that the existing laws are fragmented, outdated, and insufficiently aligned with international standards such as the UNCRC and the UN Guidelines for the Alternative Care of Children. The system continues to favor institutional care over family-based alternatives, despite global calls for deinstitutionalization. The paper further provides a comparative analysis with India concerning the alternative care system adopted in its jurisdictions with robust child protection mechanisms, offering insights into potential reforms. Conclusion: The study highlights the urgent need for an integrated, child-centered legislative reform that prioritizes family-based care and ensures meaningful child participation. By addressing these issues, the legal system can be developed to better serve the best interests of children in alternative care, ensuring their safety, well-being, and opportunities for a brighter future. This study aims to contribute to the ongoing discourse on child welfare and advocate for a more holistic, rights-based approach to alternative care in Sri Lanka.