Chapter 3 - Report of the Research and Policy Development Group (ii) Failure to harmonise ratified human rights treaties with domestic law Under the Peaceful Assembly Act 2012, any person below the age of 15 cannot participate in an assembly. However, Article 15 of the CRC, to which Malaysia is party, recognises the right of the child to freedom of peaceful assembly. In addition, enforcement of the Child Act 2001 does not uphold the spirit of the CRC, as domestic law only focuses on protection of the child and not the rights of the child, in particular civil and political rights. Such situations would pose a challenge for the Judiciary in the event that these matters are brought before the court. (iii) Transparency in judicial appointments For greater integrity of the judicial system, it was suggested that the process of judicial appointments should be made in public. For instance, in South Africa, the opportunity is provided for the public to debate the suitability of candidates for judicial posts. (iv) Relationship between the Judiciary and the Commission The Commission’s founding legislation, Act 597, does not empower it to file cases in court. Nevertheless, the Commission has, on its own initiative, held a watching brief in three cases to date. It hopes that Act 597 will be amended to empower the Commission to act as amicus curiae, to offer information as well as to assist the court in deciding matters relating to human rights. (v) The Commission’s Public Inquiries Since its establishment in 2000, the Commission has conducted eight Public Inquiries and one National Inquiry. However, as an advisory body, the Commission can only make recommendations to address human rights infringements. It was suggested that the findings of its Inquiries and its recommendations be used as reference in court, wherever relevant. (vi) Human rights awareness for the Judiciary Malaysia will undergo its second cycle of the Universal Periodic Review (UPR) from OctoberNovember 2013. During the first cycle in 2009, Malaysia accepted 62 recommendations and its undertakings will be reviewed for follow up during the second cycle. One recommendation was that the Government should promote human rights awareness to members of the Judiciary. The Commission is of the view that the colloquium provided an avenue for this. (vii) Domestic application of international law A question was posed as to the extent to which the Judiciary can implement human rights norms, including principles under the UDHR that cover personal liberties and economic, social and cultural rights. Section 4(4) of Act 597 states: For the purpose of this Act, regard shall be had to the [UDHR] 1948 to the extent that it is not inconsistent with the Federal Constitution. Taking that as a structure, the Judiciary is expected to apply the UDHR as a tool of jurisdiction. For instance, in Norfadilla binti Ahmad Saikin v Chayed bin Basirun & Anor, 106