Juvenile Laws at Bhutan
Bhutan's juvenile justice system is grounded in the principles of the Child Care and Protection Act (CCPA) of 2011, which emphasizes the best interests of the child and aims to provide a rehabilitative and restorative approach to children in conflict with the law.
⚖️ Legal Framework
Child Care and Protection Act (CCPA) of 2011: This legislation serves as the cornerstone of Bhutan's juvenile justice system. It mandates that the best interests of the child be the primary consideration in all actions concerning children. The Act allows for the establishment of Child Justice Courts, presided over by judges knowledgeable in child psychology and welfare. It also outlines procedures for the assessment, investigation, inquiry, and detention of children in conflict with the law.
Penal Code of Bhutan (Amendment) Act of 2011: Section 183 of this Act addresses the issue of sexual offenses involving children. It states that a defendant shall be guilty of the offense of rape of a child above the age of twelve years if the defendant commits any act of sexual intercourse against a child between the ages of twelve to eighteen years. However, consensual sex between children aged sixteen years and above is not deemed to be rape.
🏛️ Juvenile Detention and Rehabilitation
Youth Development and Rehabilitation Centre (YDRC):Located in Tsimasham, Chukha, the YDRC provides a rehabilitative environment for juveniles. It offers educational programs, vocational training, and therapeutic services to support the reintegration of youth into society
Pre-Trial Centers:Bhutan has established separate pre-trial detention centers for children in Thimphu, Phuentsholing, and Paro. These facilities are designed to provide a child-friendly atmosphere, ensuring that juveniles are not exposed to adult offenders
🧒 Diversion and Restorative Justice
Diversion Programs UNICEF Bhutan, in collaboration with partners like Nazhoen Lamtoen, has implemented diversion programs to support children in conflict with the law. These programs offer alternatives to formal judicial proceedings, focusing on rehabilitation and reintegration into society. In 2022, 168 children benefited from such diversion and non-custodial measure.
Restorative Justice Initiatives Bhutan is shifting towards a restorative justice system, emphasizing collaboration among victims, offenders, and the community to repair harm and promote harmony. This approach aligns with the country's democratic principles and Buddhist value
📚 Capacity Building and Education
*Child Justice Summer School: In September 2024, JSW Law and UNICEF Bhutan held the first Child Justice Summer School in Paro. The program aimed to enhance access to justice for children by equipping core service providers with the knowledge and skills necessary to advocate for children's rights within the justice systm.
🚨 Challenges and Areas for Improvement
*Implementation Gaps: Despite the existence of comprehensive legislation, challenges remain in the effective implementation of child protection laws. Issues such as limited awareness among institutions and inconsistent application of the CCPA have been identified as barriers to ensuring justice for childen.
*Increase in Juvenile Offenses: Recent statistics indicate a rise in the number of children in conflict with the law, with substance abuse being a leading factor. This trend underscores the need for enhanced preventive measures and support systems for at-risk youth.
Bhutan's juvenile justice system reflects a commitment to rehabilitation and the well-being of children. While progress has been made, ongoing efforts are needed to address implementation challenges and ensure that all children receive the protection and support they deseve.
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