Safeguarding children, our hope for the future

MALAYSIA was ranked 28th out of 60 nations in the “Out of the Shadows Index 2022”. This Index examines how nations react to child sexual exploitation and abuse. Malaysia’s overall score of 56.9 placed it behind a number of Asean nations, including Indonesia (68.1), Thailand (58.7), the Philippines (58.4) and Vietnam (58.4).

This was a big drop from its ranking in 2019 (23rd spot), which suggests that the issue was more serious in the intervening years. During the Covid-19 lockdowns, for example, the police reported a significant rise in domestic violence and child abuse cases.

The primary legislation for protecting children in Malaysia is the Child Act 2001, which covers a wide range of issues such as child abuse, neglect and adoption.

It also consolidates the Juvenile Courts Act 1947 (Act 90), Women and Girls Protection Act 1973 (Act 106) and the Child Protection Act 1991 (Act 468), which were adopted in part to fulfil Malaysia’s duties after it ratified the United Nations Convention on the Rights of the Child (CRC).

Malaysia has also ratified the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

Despite these legal protections, there are many challenges in ensuring that children’s rights are fully respected.

Often, there is lax enforcement of the law, making it hard for children to get the necessary assistance and support, and also for the authorities to hold those responsible to account.

Additionally, due to the dual legal system in Malaysia, there are gaps in the implementation of child protection laws and policies at the state and federal levels. This is further complicated by the different, even conflicting, definitions of children between civil and syariah legislation.

The clear lack of coordination and collaboration among government agencies, non-governmental organisations (NGOs) and other stakeholders involved in child protection also makes it difficult to provide the necessary services.

Moreover, child protection services frequently do not receive adequate funding and resources. Lack of reliable data and extensive research on child safety in Malaysia also leads to complications in devising solutions that are both practical and effective.

Safeguarding our children requires a more comprehensive strategy from the government, with proactive measures being implemented to stop the violence from happening in the first place.

Special attention should also be given to children with disabilities and those from marginalised groups who are often at a higher risk of abuse and neglect. This can be done by developing inter-agency protocols for coordination between child protectors, the police, healthcare officials, NGOs and social welfare officers.

Punishment for child abuse must also be more severe to serve as an effective deterrence. The relevant agencies or authorities may want to consider emulating the United States where sex offender registries exist at both the federal and state levels. These registries contain information about persons convicted of sexual offences for law enforcement and public notification purposes.

It is imperative that the state and federal governments also collaborate in order to tackle child abuse and reach a consensus regarding the rights of the children involved.

For instance, the age of consent for marriage should be standardised. This issue involves changing mindsets, hence it must be addressed respectfully and factually, for example by increasing awareness on the negative impacts of child marriage on the marital and family institution.

Last but not least, it is a well-known fact that the Department of Social Welfare suffers from inadequate funding and qualified personnel. It needs a complete overhaul, which can be accomplished by, among others, getting the Social Work Profession Bill passed by Parliament.

Children are the future of society, and it is our responsibility to protect them and give them the best chance to grow up healthy, happy and safe. To quote John F. Kennedy, “Children are the world’s most valuable resource and its best hope for the future.”

MARYAM MAZNORZUHAIRI

Kajang

(The writer is a research analyst at Institut Masa Depan Malaysia.)