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and from rural areas found the birth registration process very confusing
and difficult as there were many administrative and procedural
requirements. In addition, many indigenous people still gave birth at
home instead of hospitals, and with the hassle in registration, many
children were not registered at birth, giving rise to many other related
problems as they would not possess a MYKID card;
vi)
The participants agreed that empowerment of children is needed.
Although Malaysia has a Child Council under the MWFCD, concerns
were raised as to its actual composition, selection process of the
child representatives and their functions, and whether it was able to
capture the voices of children from various backgrounds via the two
child representatives who sat in the Council;
vii)
On the issue of child marriage, participants advocated for the
standardisation of the age of marriage to 18 years; and
viii) As for the likelihood of reservations on the CRC being lifted, it was
highlighted that the stand of the Government was to ensure all
domestic laws and policies should be in line with CRC before it
withdrew any reservations.
Recommendations
(i)
Law Reform
The Commission recommends that the relevant criminal laws in
relation to sexual offences against children and the definition of rape
be amended to cover newer situations, and that all efforts be taken by
the Government and all relevant stakeholders to expedite the passing
of the new proposed Child Sexual Crimes Bill. Further, the Government
must also ensure that mechanisms are properly implemented and
the justice system is reformed to ensure that sexual abuse cases are
effectively reported and thoroughly prosecuted.14
As the Commission has not been invited to the task force discussions
pertaining to the Child Sexual Crimes Bill, the Commission hopes that
it will be consulted in the drafting process of the Bill in order to provide
any form of assistance from a human rights perspective.
The Commission reiterates that having ratified the CRC, Malaysia must
undertake to protect children from all forms of sexual exploitation
and sexual abuse, which includes the exploitative use of children in
pornographic materials. Regrettably, specific legislative measures are
still not in place to prohibit the specific offences of possession of child
pornography and activities relating to the making or dissemination
14 Human Rights Commission of Malaysia, Press Statement No.27 (15 November 2016): <http://www.suhakam.org.my/press-statementno-27-of-2016-sexual-offences-against-children/>
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