Bar backs law to regulate childcare centres after tragic deaths

The Malaysian Bar has thrown its weight behind calls to introduce a dedicated law for childcare centre employees, modelled after the Legal Profession Act.

Malaysian Bar president Ezri Abdul Wahab said the proposal is crucial to strengthening accountability, preventing neglect, and protecting children’s welfare.

Given the alarming number of abuse cases and deaths in childcare centres, he stressed that timely legislation is urgently needed.

He argued that a framework to professionalise childcare workers - supported by transparent and effective oversight - would not only raise the quality of services but also build public trust and, most importantly, safeguard children.

Ezri further reminded that Malaysia bears a binding responsibility, having ratified the United Nations Convention on the Rights of the Child.

“In doing so, Malaysia has committed itself to upholding the principles enshrined in the Convention, particularly Article 3(1), which requires that in all actions concerning children, whether by public or private social welfare institutions, courts, administrative authorities, or legislative bodies, the best interests of the child must be a primary consideration.

“This commitment requires the state to ensure that laws, policies, and practices are aligned with the protection and well-being of children, safeguarding their rights and ensuring that their voices and interests remain at the forefront of decision-making processes,” he added.

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He cautioned, however, that any bill must be carefully drafted to ensure clarity, enforceability, and fairness. This includes clear training standards, licensing or registration requirements, and transparent inspection and enforcement mechanisms.

“It is equally important that due process protections are incorporated, so that employees are treated fairly and their rights safeguarded, while accountability is upheld,” Ezri said.

He also urged the government to engage widely with stakeholders - including parents, civil society, childcare professionals, and legal experts - before finalising any draft law.

“The enactment of a law regulating childcare centre employees should not only address immediate concerns of safety and accountability, but also reflect Malaysia’s long-term commitment to nurturing a society where children are given every opportunity to thrive,” he added.

Ezri was responding to a proposal by the Early Childhood Care and Education (ECCE) Council, which last week called for new legislation following a spate of childcare fatalities.

ECCE council member Karen Tan noted that in most cases, operators involved in such incidents have their licences revoked.

“But the caregiver who committed the wrongdoing can usually walk free and work in another centre,” she told a press conference, according to Free Malaysia Today.

She added that such a law would help curb cases of neglect and abuse by holding caregivers accountable while also raising industry standards through clear benchmarks.

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