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
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