Rights of Women 32. SUHAKAM was disappointed that the government withdrew the proposed Section 88A in the 2017 Amendment Bill to the Law Reform (Marriage and Divorce) Act 1976, which would have resolved the issue of unilateral conversion of children. However, the Judiciary created a commendable precedent in the case of Indira Gandhi by declaring that both parents have the right over a child’s religion. 33. Non-citizen women married to Malaysian men are dependent on their husbands to maintain their legal status in the country, leaving the women in a vulnerable position especially in cases of domestic violence, estrangement, abandonment or death of the husband. 34. SUHAKAM welcomes the government’s move towards introducing a gender equality law. 35. i. ii. iii. iv. Recommendations: Enact a gender equality law. Adopt a comprehensive law on sexual harassment. Introduce clear provisions on marital rape within criminal legislation. Review legislation on domestic violence to provide legal protection to both married and non-married partners. Implement gender responsive budgeting. v. Rights of Children 36. SUHAKAM welcomes the decision of the National Fatwa Council in October 2014 that child marriages are not a healthy practice and are not obligatory or encouraged in Islam. However, certain provisions under existing laws still provide for marriages under the age of 18 years. 37. SUHAKAM commends the enactment of the Sexual Offences against Children Act 2017 and the establishment of the Special Court for Sexual Crimes against Children in 2017. 38. The detention of undocumented migrant children, especially unaccompanied minors, in immigration detention centres is a serious concern. The establishment of the Task Force on the improvement of the management of children at detention centres is a positive step in this regard. 39. i. Recommendations: Review all relevant laws to set the minimum legal age for marriage for all males and females to 18 years old. Create a register containing details of convicted child sex offenders. Introduce an alternative to detention policy for children with the necessary support to ensure access to education, healthcare and other relevant services. ii. iii. 5

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