KUALA LUMPUR: Children who come into conflict with the law must be treated with dignity and respect, says the Human Rights Commission of Malaysia (Suhakam).
Suhakam children's commissioner Dr Farah Nini Dusuki said it was deeply concerned over the recent arrest of a 14-year-old student accused of punching a teacher.
"We stand in solidarity with the teacher involved and reiterate that violence in any form is unacceptable.
"Every individual, whether teacher, student, or staff has the right to a safe and respectful environment in which to teach and learn," she said in a statement on Friday (Aug 1).
"However, Suhakam strongly emphasises that children who come into conflict with the law must be treated in a manner that upholds their dignity, rights and potential for rehabilitation," she said.
Dr Farah Nini said this was guaranteed under the Child Act 2001 and Malaysia's international commitments, including the UN Convention on the Rights of the Child (CRC) adopted by the United Nations General Assembly on Nov 20, 1989.
She pointed out that although the nature of this case is serious, the student is protected under section 15 of the Child Act, which prohibits the media from revealing any identifying details of a child involved in criminal or custody proceedings from media exposure or public condemnation.
This provision reflects the spirit of Article 16 of the CRC, which upholds every child's right to privacy and protection from unlawful interference with their honour and reputation, she said.
She also reminded all media outlets and the public to respect the privacy of the child, adding that publicly identifying, speculating or vilifying minors was not only harmful but could also constitute a breach of the law.
She said Suhakam reiterated its call for the government to implement a formal Diversion Policy for children who come into contact with the law.
"Such a policy would redirect minors accused of non-violent or minor offences away from the criminal justice system and into community-based rehabilitation programmes.
"This approach would not only reduce the risk of criminalisation and social stigma but also address underlying issues such as trauma, neglect or mental health," said Dr Farah Nini.
She also urged the Education Ministry, school administrators and other stakeholders to review whether current systems were adequate in providing behavioural support, mental health access and conflict resolution strategies for students and teachers alike.
"Malaysia must move beyond punitive responses and embrace a child justice system that reflects compassion, equity and the best interests of the child," she added.
On July 30, a 14-year-old male student was detained for allegedly punching and threatening his schoolteacher after he was reprimanded for skipping a physical education class.
Kajang OCPD Asst Comm Naazron Abdul Yusof reportedly said the 29-year-old secondary school teacher lodged a report at about 7.15pm on Tuesday (July 29) and the student was detained shortly afterwards.
