The Child Rights Coalition of Malaysia (CRCM) strongly supports and endorses the recent recommendations by the Parliamentary Special Select Committee on Women and Children Affairs & Social Development (“the PSSC”):
1. That all children in conflict with the law in Malaysia be accorded free legal representation, from the point of detention until the completion of the criminal justice process, to ensure that their rights are adequately and fully protected.
2. That the various stakeholders of the criminal justice system, including the Bar Council, the Attorney General’s Chambers, the police and the Chief Registrar’s Office work together towards achieving such free legal representation for all children in conflict with the law in Malaysia.
3. That comprehensive sex, sexuality, and reproductive education be introduced into school curriculums, to better protect children against instances of statutory rape, unwanted pregnancies and baby dumping.
4. That the protections accorded to children by the Child Act 2001, including the treatment of children whilst under detention be strictly complied with by all law enforcement authorities.
5. That children being investigated under sections 299 to 318 of the Penal Code be:
(a) placed under the supervision of a Protector under the Child Act 2001; and
(b) given mandatory psychological/psychiatric support as a matter of course.
Access to legal representation is a basic human right in any just legal system and is especially needed when the accused is a minor who, regardless of what they have been charged with doing, needs their own well-being considered and a fair trial. CRCM notes that Article 12 of the Convention on the Rights of the Child provides that “the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law” and that Article 3 states that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
The recent case of a 15-year-old rape survivor in Terengganu who is now in lock-up, instead of a hospital or a child supportive environment, after allegedly stabbing her infant shortly after giving birth – is much to be regretted. As the PSSC states she should be charged with infanticide not murder, a charge which allows bail and takes into account the mother’s emotional state within those first 24 hours after birth. The recommendations made by the PSSC would go a long way towards remedying the issues faced by children in conflict with the law and bringing Malaysia in line with the Convention on the Rights of the Child.
We believe that the PSSC was set up by Parliament with a view of overseeing Women and Children Affairs & Social Development and that as such the PSSC’s recommendations must be taken heed of by the government. We call on the relevant Ministries to address the PSSC’s recommendations and report back to Parliament in the next sitting on the way forward and measures that will be taken towards implementing the said recommendations.
In addition to the recommendations by the PSSC, CRCM recommends that the financial resources to provide the said free legal representation is provided separately from funds set aside for the National Legal Aid scheme, to ensure that all children in similar situations have access to legal representation.
CRCM further calls for
(a) enforcement and criminal justice systems to work at an interagency level with the Department of Social Welfare and hospital authorities including the One Stop Crisis Center and Suspected Child Abuse and Neglect team to systematically case manage and avail support services and education to promote the best interests of all children and ensure their rights, safety, dignity and well-being.
(b) better protection and support services i.e. documentation, medical including mental health, sexual and reproductive health, welfare, education, life skills, positive parenting, awareness raising on child rights and protection to be provided to pregnant children, young unwed mothers, teenage couples, boys, girls, their parents, families and communities to ensure the best interests, protection and rights of girls and further promote boys and girls to benefit from family and community support in order for them to exercise their human rights and achieve their fullest potential.
(c) Institutionalize training on child rights, child protection, child centered procedures/ processes including best interests of the child and child friendly interviews for enforcement, judicial, medical, welfare and education authorities.
(d) Institutionalize child centered legal and enforcement procedures/ processes and child friendly justice.
(e) Ensure the Printing Presses and Publications Act 1984 and Communications and Multimedia Act 1998 reflect the Child Act 2001 and UNCRC by institutionalizing child safeguarding and child protection policies and procedures in all media organizations.
(f) Raise awareness and capacitate media organizations and their personnel on safeguarding the rights and dignity of children.
Endorsed by the following organisations
1. Childline Foundation (CF) - Co Secreteriat CRCM
2. Make It Eight Movement (MIRM) – Co Secreteriat CRCM
3. CRIB Foundation (CRIB)
4. Sarawak Women for Women Society (SWWS)
5. Protect and Save the Children (PSC)
6. Family Frontiers (FF)
7. Global Shepherds Berhad
8. Majlis Kebajikan Kanak-kanak Malaysia (MKKM)
9. Persatuan Pengasuh Berdaftar Malaysia (PPBM)
10. Vanguards for Change
11. World Vision Malaysia
12. ANAK, Sabah
13. Association of Women Lawyers (AWL)
14. Association of Toy Libraires Malaysia (ATLM)
15. Community Transformation Initiative Bhd (CTI)
16. CBR Network Malaysia
17. HumanKind
18. Iman Research
19. Monsters Among Us (MAU)
20. Malaysian Care
21. Malaysian Association of Social Workers (MASW)
22. Malaysian Paediatric Association (MPA)
23. National Early Childhood Intervention Council (NECIC)
24. NGO Hub
25. Petaling Jaya Child Council (PJCC)
26. Pertubuhan Kebajikan Vivekananda Rembau NS
27. Reproductive Health Association of Kelantan (ReHAK)
28. Sabah Women's Action-Resource Group SAWO
29. Soroptimist International Club of Petaling Jaya SIPJ
30. SPOT Community Project
31. Study Hub Asia Sdn Bhd
32. The Empowerment Group (TEG)
33. Voice of the Children (VoC)
34. Women's Aid Organisation (WAO)
Endorsed by the following individuals
1. Angeline Yap Hui chin
2. A/Prof Dr. Tang Swee Fong
3. Azira Aziz, Lawyer
4. Dato' Dr Amar-Singh HSS, Consultant Paediatrician
5. Dr Chin Saw Sian
6. Dato’ Dr. Musa Mohd Nordin
7. Datuk Dr Zulkifli Ismail
8. Dr. Cindy Chan Su Huay
9. Dr Fahisham Taib
10. Dr. Haris Njoo Suharjono
11. Dr. Hung Liang Choo
12. Dr. Irene Cheah & Prof Mary J Marret, Co Chairpersons, Child Protection Sub Committee, Msian Paediatric Association
13. Dr Intan Juliana Binti Abdul Hamid
14. Dr. Mohamad Ikram Ilias
15. Dr Noor Khatijah Nurani
16. Dr Ong Eng-Joe
17. Dr Pierce Wong Sarawak
18. Dr. Selva Kumar Sivapunniam
19. Dr Thiyagar Nadarajaw
20. Dr Tan Poh Tin
21. Eliza Thea Topaz
22. Goh Siu Lin, Family and Child Rights Lawyer
23. Hartini Zainudin, Child Activist. Yayasan Chow Kit
24. Heidy Quah
25. Jeannie Low Yen leng
26. Kasthuri Krishnan
27. Melissa Akhir, Kemban Kolektif
28. Noor Aziah Mohd Awal
29. Professor Dr. Muhammad Yazid Jalaludin
30. Rabiathul Badariah Bazeer Ahmed
31. Sharmila Sekaran
32. Syed Azmi Alhabshi
33. Yap Sook Yee
FOR FURTHER INFORMATION PLEASE CONTACT
1. Brian Lariche MIRM Co Secreteriat CRCM - 012-2975613
2. Datin PH Wong , Childline Foundation ,Co Secreteriat CRCM – 0163334228
