The Commission hopes that the said matters raised during the pre-session will
be addressed by the government during the concluding observations by
the CEDAW Committee scheduled for 19 February 2018 and at Malaysia’s
Universal Periodic Review (UPR) scheduled for October/November 2018.
Furthermore, the government should ensure that these matters are looked
into, in line with the government’s efforts to promote the Sustainable
Development Goals (SDGs), in particular Goal 5 on achieving gender
equality and empowering all women and girls.
2.
EARLY AND FORCED MARRIAGES
Child marriage is a grave human rights violation, which could significantly
impact a child’s rights to health, education, equality, non-discrimination
and to live free from violence and exploitation. The best interests of the child
must prevail and must not be superseded by traditional practices when it
comes to child marriages.
The Commission is concerned with the omission of any provisions addressing
child marriages in the newly amended Child Act 2001(Child (Amendment)
Act 2016). Despite recommendations by the Commission to amend domestic
laws to raise the legal age of marriage for all to 18 years to be in compliance
with the Child Act 2001 and the Convention on the Rights of the Child (CRC)
which defines children as those below the age of 18, no amendments have
been forthcoming.2
Therefore, the Commission urges the government to consider providing
specific provisions on child marriages within the domestic law as it is
detrimental to the basic rights of women and children.
3.
SEXUAL OFFENCES AGAINST CHILDREN
The Commission notes with concern the rising number of sexual offences
committed against children in Malaysia.3In light of that, the Commission
welcomes the new Sexual Offences Against Children Act 2017 (SOACA
2
3
SUHAKAM Press Statement dated 18 April 2016.
http://www.themalaymailonline.com/malaysia/article/worrying-rise-of-sexual-crimes-againstchildren#fGQjY10wSx8bY3ZG.97
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