CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP Concern was raised about the proposal to classify those baby-dumping cases which have led to death as ‘murder’, since the incidents may have occurred out of panic and shame. Penalising those involved would only heighten their fear and may lead to undetected incidents. In discussing baby dumping, it was noted that it is the mother who is usually exposed to legal and cultural implications. In Malaysia, the courts cannot force a putative father to give intimate (like blood) or non-intimate (like hair) samples for DNA testing as this could cause hurt to the putative father. As a result, the father cannot be identified and the child would not be able to bear his or her father’s name in the birth certificate, while obligations towards the child cannot be placed on the father. This contradicts the CRC which provides that the child has the right to know his or her parents, and that parents have duties to the child. There is thus, a need to balance between the rights of the father and those of the child in Malaysia, to ensure that the interests of the child are protected. There is also a need to address the issue of forced child marriages, which seems to be an approach often taken by parents of pregnant teens as a way of dealing with births out of wedlock and ensuring that the name of the father is included in the birth certificate. This is, however, against human rights. (v) Child molestation Child molestation is a grave issue in Malaysia that requires serious attention. It is important for the public to note that cases that reach the media are only a fraction of the actual number of incidents. There is a necessity for Malaysia to implement the ‘good touch, bad touch’ programme for children. Additionally, it is imperative for the authorities to disclose data on such cases to raise public awareness of the extent of the issue and simultaneously obtain cooperation to deter such incidents. (vi) Children under detention Children under detention in Malaysia appear to lack access to their rights as guaranteed by the CRC. It has been claimed that some of these children have been placed under detention and restricted residence without the presence of probation officer. Hence, they are left to deal with their situation by themselves without any form of support. A study conducted by one of the participants has found that, while there is written provision for a Children’s Court and a room to be provided in the court building for proceedings involving accused children, no case has been heard in that room. Instead, it is being used as a storeroom. 79