Chapter 1 – Report of the Policy, Law and Complaints Group from the International Islamic University Malaysia (IIUM) and Universiti Teknologi MARA (UiTM), Jabatan Pembangunan Orang Kurang Upaya (Majlis Kebangsaan Bagi OKU), the National Security Council, the Malaysian Medical Association, the All Women’s Action Society (AWAM), a representative from PERMATA PINTAR, Prime Minister’s Department, as well as a former member of the CEDAW Committee. Representatives from MWFCD attended as well to observe the proceedings and to share the current development of its works concerning the reservations expressed by Malaysia. Points raised during the RTD pertaining to the definition of ‘torture’ include the following: (i) As an alternative to the complete abolishment of corporal punishment, Malaysia could retain its use of corporal punishment, but subject it to certain appropriate safeguards. Proper procedures and guidelines on the implementation are necessary since a large part of Malaysian society still clings to the practice of corporal punishment as one of the traditional methods of disciplining children. Thus, all stakeholders should consider the best practices that could be implemented in order to ensure that the methods used to discipline children are properly adapted and do not amount to cruel treatment; (ii) Rehabilitation would be the best method of child discipline that should be implemented by the Government, as the carrying out of corporal punishment may impact the children negatively. The participants agreed that the concept of rehabilitation, whether through diversion, restorative justice, or other forms of rehabilitation, would teach the children to take responsibility for the wrongs committed; (iii) Rewarding the children for their good behaviour would assist and encourage them to change their behaviour; (iv) In order to develop a good support system for the administration of juvenile justice, and to ensure the effectiveness of the system, the Government would need to allocate adequate funds in its Annual Budget for that purpose and provide sufficient resources and support personnel such as child psychologists and counsellors; (v) The participants highlighted the importance of early childhood education as well as parenting education and suggested that parents should explore alternative approaches in disciplining children; (vi) The participants were concerned about the current Malaysian laws and regulations that allow whipping and caning. It was recommended that any amendment of laws should reflect the spirit of the CRC and the The scope of section 17(2) of the Child Act 2001 should be expanded to include any form of physical, emotional and sexual abuse of children 48 BOOK-ANR2016-01-latest.indb 48 08/04/2016 3:32 PM

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