Fijian Constitution has provisions on the Rights of the Child - Sharma

Children in contact with the criminal justice system are often in vulnerable positions, unaware of their rights and at many times, unable to enforce them whether as children in need of protection, children at risk, children during and upon arrest, during trial, in detention or as victims and witnesses.

This has been highlighted by the Solicitor‑General and the Chairperson for Legal Aid Commission Sharvada Sharma at the Rights of the Child and the Criminal Justice System reception in Suva last night.

Sharma says understanding the psychological, emotional and physical needs of children is not only complex but challenging.

He says therefore, it is imperative that we ensure that the criminal justice system does not re-traumatise children and at the same time does not compromise the rights of an accused person to a fair trial.

Sharma says in recognition of our obligations under the Convention, the Fijian Constitution has provisions on the Rights of the Child.

He says section 41 of the Constitution sets out that every child has the right not to be detained, except as a measure of last resort, and when detained, to be held only for such period of time as is necessary and to be held separate from adults and in conditions that take account of the child’s sex and age.

The Solicitor General says in further recognition of the Convention particularly in expediting the process of judicial matters relating to children, they have in place a free legal assistance system provided by the Legal Aid Commission whereby juveniles are exempted from the application process and are automatically eligible for legal assistance and representation.

Sharma says the Office of the Director of Public Prosecutions has in place a Child Protection Division to conduct criminal proceedings on sexual and other serious offences committed against children or matters where children are the primary witnesses.

He says the challenge is to strike the delicate balance between the rights of a child and the rights of an accused to a fair trial within the criminal justice system, all of which are rights guaranteed under the Constitution.

Meanwhile, Chief Justice Anthony Gates says finally they have programme concerning child’s rights, the understanding of children in court, protection and support.

Chief Justice Gates says there is always something to learn and finally they have experts to tell them about some of the matters that they must understand as judges and magistrates in order to allow the child to give their best in giving evidence.

The UN Resident Coordinator Osnat Lubrani says Fiji’s strong commitment and actions by the government to ensure that the best interest of the child in Fiji, are commendable.