Protecting the most vulnerable among us

Veteran: Farah Nini has been working in the area of child law for three decades. — LOW LAY PHON/The Star

SHE’S no stranger to the sometimes heart-rending battle to protect children from abuse in Malaysia, but even after decades in the trenches, Dr Farah Nini Dusuki hasn’t lost her fire.

The Children’s Commissioner to the Human Rights Commission of Malaysia (Suhakam), who began her three-year term on March 8 this year, says she is determined to achieve all she can during her tenure.

But protecting the most vulnerable members of our society remains an uphill battle, Farah Nini concedes – after over 30 years working in the field, she says she feels like she is still fighting the same issues.

“Many people in Malaysia take the lives of children for granted. They are merely seen as an object of concern and a welfare matter, instead of people with their own rights,” she says.

Farah Nini, who is a senior lecturer at Universiti Malaya’s Law Faculty, believes strongly that equipping stakeholders with the right knowledge, particularly legal literacy, will help them protect vulnerable children in the country better.

That is why at the top of her to-do list is the institutionalisation of children’s rights training for people who deal with children. Familiarity with the laws will enable them to address the specific needs of children, she explains, stressing that legal literacy could also help more abuse survivors in the long run.

The following are excerpt from Sunday Star’s exclusive conversation with Malaysia’s second Children’s Commissioner.

> Can you explain further about “the institutionalisation of children’s rights training”?

Children have specific needs, dealing with them isn’t the same as dealing with adults. Doctors go through a paediatric course on how to deal with children, and they go on to do their housemanship, but they lack legal literacy on what they can and cannot do.

A lot of doctors are unaware they can override parents’ rights if [children] don’t want to consent to treatments. For example, there was a case where the parents took their jaundiced infant back home for the “aqiqah” ceremony [against medical advice] and the baby passed away.

But more and more doctors are concerned about the well-being of their patients and they are in a position to do something. But they cannot do it alone in such cases because they need the Child Protection Officer, or Pelindung – to approve their decision. However, we don’t have enough of these officers to station one in every hospital.

More importantly, this is senseless because there is a law clearly mandating it [a doctor’s decision to override parents’ wishes] but we allow the child to go.

So I decided to start giving lectures on this topic beginning in 2003, particularly on Section 24 of Child Act 2001 on authorisation of medical treatment.

During one of my lectures, a doctor shared a story about how a child was brought in by an aunt due to an asthma attack requiring nebuliser treatment, but the mother came in and took the child away because the child was needed to look after her younger siblings as the mother was a single working mum.

The next morning, the aunt brought the child back but she had died.

So you can imagine, when I hear such stories about doctors needing to call in the Pelindung to authorise medical treatment or hold patients back ... this is why I decided to take another approach by lecturing about Section 26 about doctors not facing liability of they act in good faith.

This means that even though something negative results, the doctor will not be accountable if the work was carried out properly. If you had acted in good faith, you will not be held accountable.

Then there is Section 123 on protection from being sued and facing legal proceedings. However, we don’t have a test case, so doctors are afraid, but based on the parameters of the law, [protection] is already there.

The legal fraternity is another group that should have specialisation in laws dealing with children but there are very limited courses offered on this topic.

> What needs to change to help, specifically, children who are victims of sexual abuse?

Malaysia does have rather comprehensive legislation governing child protection, with provision for fundamental measures of prevention, protection and rehabilitation, where necessary. The challenge rather lies in effective implementation of these provisions.

There is a definitive need to improve the legal handling of child sexual abuse cases in Malaysia. The justice system needs to be made more accessible to child victims, for instance. In line with this, it’s also crucial to reinforce the importance of prompt reporting, as emphasised by existing legislation like Section 19 of the Sexual Offences Against Children Act.

In addition, professionals working with children, such as teachers and healthcare providers, should be trained to identify signs of sexual abuse and know what steps to take if abuse is suspected.

And services to support child victims, such as counselling, should be readily available. These services should cover an array of needs, including legal assistance during court proceedings.

> Boys are also victims of sexual abuse but may not disclose the problem. What can be done to ensure they, and girls too, come forward to report abuse?

It’s crucial to lift the cloak of shame and fear that often stops young boys, and other abuse victims, from reporting the crime. A stigma-free, supportive environment is key.

We must enhance public awareness about ways to identify and report abuse, and create programmes that make it easier for boys to come forward.

We need to provide education and awareness among not only children but also caregivers, educators, and society as a whole about the reality that boys can, and do, become victims of sexual abuse.

There is a need for parents, teachers, coaches, or any adult with whom a child has regular contact, to create an environment where children feel safe and can learn to trust the adult enough to report abuse.

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> Can you share some of your other plans to deal with children’s issues in the country?

I have laid out two directions. One is the empowerment of children with robust promotions of children’s rights via the curriculum, including in kindergarten classes, and premarital courses. The second is mapping out steps to help together with civil societies and government agencies and departments.

There are many avenues for assistance available for the people. For example, the National Population and Family Development Board has KafeTeen for teenagers but how many people are aware of it? It is simple if you have a place for helping adolescents with counsellors and doctors, why not use it for all? This is so that we don’t replicate efforts.

I also feel that we need to move away from being champion-based. I have noticed that child protection is very much about prominent figures championing children – they do move issues forward. But there are organisations that are good, too.

If there are good models – the Penang-based Women’s Centre for Change is a great example of such an NGO – we can emulate them nationwide.

Another notably successful programme which many may not know about is at the Prisons Department and helmed by the Commissioner-General Datuk Nordin Muhamad. It has been the most consistent since 2008 in helping detained children. The department has had a memorandum of understanding with the Education Ministry to have schools in prison since 2008. Malaysia is one of the few countries that does this.

These are actual teachers that go to places like that Henry Gurney Schools and teach a proper class.

[The Henry Gurney Schools are centres established in 1949 under Juvenile Courts Act 1947 [Act 90] to care for young offenders.]

Initially the teachers were hesitant to teach there but now they are seeing results. Giving children a second chance when they come into conflict with the law can be rewarding.

> With more children having sex at a younger age, is it time Malaysia introduced sexuality and reproductive health education in schools, along with modules on safe touch, bad touch and abuse?

The challenges in implementing comprehensive sexuality and reproductive health education in Malaysia include the absence of standardised curricula, insufficient teacher training, and cultural and religious sensitivities.

Sexuality and reproductive health education is most effective when tailored to the developmental stage of students. Any discussions on sexual education should take into account children’s maturity and understanding. And all sexuality and reproductive health education should emphasise consent, safety, and developing positive relationships and values.

Lessons on identifying and reporting inappropriate touching or abuse are very valuable for empowering children and deterring predators. But parents should be consulted to ensure sex ed programmes align with family values.Training teachers to lead these conversations comfortably and knowledgeably is crucial in the implementation of sexuality and reproductive health education.