Child Testimony Across Borders: Ensuring Reliability and Admissibility in Line with International Human Rights Standards

Sheer Abbas1 & Hafiz Muhammad Azeem2

https://doi.org/10.62271/pjc.171.01.14

Abstract

Children often face significant challenges when they are involved in a judicial process. Testifying in court can be an upsetting experience for them, especially when they are victims. The question arises whether their testimony requires corroboration or if a conviction can be based solely on their own testimony, and whether they are considered reliable or unreliable witnesses. This study aims to reinforce the admissibility and reliability of children’s testimony and to explore their legal capacity as independent witnesses. Through a qualitative analysis of landmark case laws, international human rights frameworks, and relevant statutory provisions, and articles, this paper evaluates how courts should take child testimony considering both domestic legal standards and international human rights scenarios, with an aim to provide guidance for improvement in the treatment of child witnesses. The findings of this study show that though legal system of Pakistan recognizes the children as witnesses, yet there are gaps in the protection and procedural support which are being provided to them. The research concludes through submission of certain recommendations to enhance reliability of child testimony, to formulate multidisciplinary approaches that integrates psychologists and social support, to better protect and elicit truthful testimony from child witnesses.

Keywords: Child Testimony, Children Witness, Law of Evidence, Evidentiary Value, Criminal Justice System