Chapter 1 – Report of the Policy, Law and Complaints Group
relevant agencies should review the current laws and legislation, for example in terms
of the age of criminal responsibility and the punishment of whipping;
(vii) 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. The participants reiterated
that a specific provision should be included that expressly gives the Child Act primacy
over other laws where children are concerned; and
(viii) There was a suggestion for the relevant agencies such as the Ministry of Education and
the Social Welfare Department to review their Standard Operating Procedures (SOPs),
guidelines, policies and teachers’ training modules in order to introduce alternative
methods of disciplining children.
Various pertinent points regarding the right to acquire nationality were raised by the
participants. They include the following:
(i)
It was noted that the ultimate obstacle for the removal of this reservation was the
complexity surrounding the issue of citizenship, in particular whether registration is
interpreted as automatic conferment of Malaysian citizenship;
(ii)
The MWFCD invited the participants to consider the definition of ‘to acquire nationality’
and further suggested that it meant that all individuals have the opportunity to apply
for citizenship as opposed to automatic conferment. Thus, it could be used as a
justification for the removal of the said reservation;
(iii) There was a suggestion to establish a list to
differentiate various types of situations. The
proposed list of categories submitted by the
participants included:
•
•
•
•
•
•
Children born of Malaysian parents;
Children with one Malaysian parent;
Children who were born in Malaysia but have
no personal documents;
Religious categorization, i.e. Muslim and
Non-Muslim children;
Children born of foreigners; and
Adopted children.
(iv) The discretionary power of the Minister as
enshrined under Article 15A of the Federal
Constitution should be exercised instead of
rejecting all the applications out of hand;
Discretionary
power of the
Minister as
enshrined under
Article 15A
of the Federal
Constitution
should be fairly
and equally
exercised instead
of rejecting all the
applications
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