Key Issues
in order to uphold and protect human rights though the NHRAP. Moreover, the nine core
treaties essentially address most, if not all, of the thrusts.
In addition to the foundational sources cited above, CSOs should be consulted to gain their
valuable insight concerning human rights issues currently affecting Malaysia. This is essential
in order for the Steering Committee/Consultant to effectively reflect on all possible human
rights issues and identify those to be prioritised in Malaysia’s first NHRAP. This inclusive
and participatory approach is important at all stages of the NHRAP, including the planning,
development, implementation, and monitoring stages.
8.
CHILDREN’S ISSUES
In 2015, media reporting in relation to children’s issues appeared to be more pronounced.
The unilateral conversion of minors, the prevalence of statutory rape, custody issues, and
deaths of Orang Asli schoolchildren were among the news highlights of the year. Aside
from the role played by the media, the Commission too pulled its weight in championing
children’s issues. The Commission undertook several activities to deal with issues affecting
children’s rights in Malaysia, including, among others, the right to education for children with
learning disabilities, and alternatives to detention for children in immigration detention. The
Commission opines that while Malaysia has been a State Party to the Convention on the
Rights of the Child (CRC) since 1995, much still needs to be done to ensure the protection
of children’s rights in this country.
Malaysia still maintains its reservations to Article 2 (on non-discrimination); Article 7 (on
citizenship); Article 14 (on freedom of thought, conscience, and religion); Article 28(1)(a) (on
the right to free primary school education), and Article 37 (on detention and punishment)
of the CRC. The Commission is of the view that as a State Party, Malaysia’s reservations
that are incompatible with the object and purpose of the CRC should be reviewed to ensure
that the best interest of the child is hailed as the primary consideration in decisions made
with regard to the child, irrespective of his or her political, economic, and social background.
Education is a basic right of all children without distinction. Yet, in Malaysia, not all children
are able to access education. Many children with learning disabilities, especially those living
in rural areas, do not have adequate access to special education and facilities since these
are mostly available in urban and suburban areas.
In addition to the above, there are still many Orang Asli children who are unable to obtain/
have access to formal education due to the location of the schools relative to their villages.
While steps have been taken by the Government to provide boarding schools for Orang Asli
children, complaints have been brought to the Commission’s attention that these schools
did not take into account the Orang Asli’s specific cultural context and needs.
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