CH A PT E R 2 As a State party to the CRC, Malaysia should enact a federal law that would bind all states in Malaysia and both the civil and syariah system to fully implement the spirit of the provisions in the CRC and the UN Resolution on Child, Early and Forced Marriage. By so doing, the Government will be able to adhere to its international obligations but also harmonise civil and Syariah Laws in Malaysia pertaining to the age of marriage. In the interim, among the safeguards that the government should consider is having specialist lawyers appointed on behalf of children below 18 years by the government when an application for marriage is made. Such a measure would ensure that the child is given the right to express his or her opinion and make an informed decision without the persuasion or coercion of his/her family and/or any other third party. This is to ensure that any decision for marriage is made with the informed, free and full consent of the intending spouses. SUHAKAM also urges the government to consider procedures to curb situations where rapists and those who sexually assault children are allowed to marry their victims to compensate for their crimes or resort to intimidation to ensure that their victims do not report the crimes to the authorities. In such instances, SUHAKAM calls upon the government to: i. Empower enforcement agencies to act even in circumstances where no official complaint has been filed by the victim or where a complaint has been withdrawn by the victim; ii. Provide for compulsory and comprehensive sex education in schools to ensure that children understand their bodies and are not exploited and forced into marriage or other forms of sexual exploitation; and iii. Provide support services that are tailored for children, especially young girls, and which are sensitive to their specific needs with a focus on empowering the victim and giving the child the ability to make an informed decision. 5. National Children’s Commission In view of the myriad of issues and the precarious position that domestic laws have put on children in Malaysia, SUHAKAM is encouraged by and fully supports the proposal to establish a National Children’s Commission as announced by the Deputy Minister of Women, Family and Community Development (MWFCD), YB Hannah Yeoh, in July. SUHAKAM is of the view that such a Commission would ensure children’s rights are effectively and fully protected and realised in Malaysia by taking into consideration the standards set forth by the near-universally ratified CRC. In this regard, SUHAKAM sought and met with the deputy minister on 30 August to discuss the proposed National Children’s Commission. An outcome of the meeting SUHAKAM ANNUAL REPORT 2018 105