Key Issues
Mohamad Nazri Abdul Aziz, the Minister in the Prime Minister’s Department, announced that
the amendment, which will be tabled and passed at the next session of Parliament, proposes to
take away the discretion of judges to reduce or impose lighter sentences in cases of statutory
rape.
The Commission is also concerned about incidents of child marriage. Notwithstanding the
legality of such marriages, the Commission draws the attention of the authorities to the
Convention on the Rights of the Child (CRC) which states, inter alia, that the child by reason
of his/her physical and mental immaturity needs special safeguards and care, including
appropriate legal protection.
The issue at hand in incidents of statutory rape and child marriages is whether or not, as a
signatory to the CRC, Malaysia has discharged its obligations insofar as the rights, protection
and best interests – and the future – of minors are concerned.
The Commission continues to pursue the protection of child rights on other fronts. In preparing
its 2012 CRC Report to the United Nations (UN), it has gathered information from, and sought the
views of, school children on specific human rights issues, such as the extent of the enjoyment of
freedom of expression, the right to education, race relations, corporal punishment and bullying,
disabled children, and the rights of indigenous, refugee and stateless children.
The Commission observes that, overall, there is lack of involvement within the Government
machinery in implementing the provisions, and realising the goals, of the CRC. There is also
lack of engagement by the relevant Ministries in making decisions that affect children, which
contravenes the spirit of the CRC.
The Commission therefore reiterates that the Government should adhere to an inclusive
approach in upholding, promoting and protecting the rights of children, guided by the principles
in the CRC. The Government must also engage with different stakeholders, including children
themselves, in any decision-making process that concerns full enjoyment of the child’s right to
survival, protection, development and participation.
Subsequent to a Roundtable Discussion held in 2011 on the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Commission calls upon
the Government to eradicate corporal punishment in school and take immediate steps to seek
alternative measures in disciplining children without causing them physical and mental harm.
The Commission also urges the Government to immediately remove reservations to Article
28(1)(A) of the CRC and Article 15 of the Convention on the Rights of Persons with Disabilities
(CRPD), both of which prohibit torture. The reservations to these Articles may reflect Malaysia’s
continuous omission to prevent torture.
(b) Women
The Commission is also preparing the 2012 Independent Report to the UN on the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW), with special focus
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