The Commission also took note of the Government’s current intention on
the non-withdrawal of the remaining reservations. Nevertheless, it should
not hinder the discussion on the need to continuously revise the related laws
to ensure that they are in line with current situations and international norms.
CHAPTER 1
The Commission is currently preparing its Parallel Report following the
submission of Malaysia’s State Report and hopes that the Government will
maintain its continuous engagement with the CEDAW Committee for the
benefit and development of women’s rights in Malaysia.
Recommendation
The Commission reiterates that the Government should continue to strive for
the improvement of women’s rights in Malaysia. Issues such as acquisition
of nationality for a child and the practice of polygamous marriages have
affected women in Malaysia for many years, and continues to do so. It is
timely for the Government and relevant agencies to discuss earnestly ways
to overcome these challenges.
(b) Convention on the Rights of the Child (CRC)
The Government has only submitted its 1st State Report in 2006 and has
yet to submit its 2nd, 3rd, and 4th State Reports which are due to the CRC
Committee. The Commission has highlighted the fact that the State
Report has been long overdue in its 2015 Annual Report11, however, the
Commission has not received any draft copy of the proposed State Report.
The Commission has been made to understand at the time of writing that
the draft State Report was being reviewed by the Attorney-General’s
Chambers.
With regard to the Commission’s recommendations in its previous RTDs
on the CRC on 18 June 2014 and 12 February 201512, the Commission
commends the recent amendment to the Child Act 200113 with particular
reference to the repeal of Section 91(1)(g) of the Child Act 2001, which
abolishes the power granted to the Court to order the caning of children.
The introduction of a community service order is welcomed by the
Commission and is in line with the objective and principles of the CRC.
Nonetheless, the Commission is concerned that corporal punishment is still
allowed and practised in schools as well as at home by some parents.
The Commission’s recommendation on the scope of Section 17(2) of the
Child Act 2001, which should be expanded to include any form of physical,
11 Human Rights Commission of Malaysia, `Annual Report 2015’; pages 46-47
12 Human Rights Commission of Malaysia, `Annual Report 2015’; pages 47-48
13 Child (Amendments) Act 2016
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