Corporal Punishment

Proposer:

CSO Platform For Reform – Child Cluster

Affiliations:

Child Rights Coalition Malaysia (CRCM)

Policy Code:

2e Child

Problem Statement / Issue:

Corporal punishment for children is allowed in Malaysia and provided for under the Education
Regulations (Student Discipline) 2006, Child Act, Penal Code, Criminal Procedure Code, Prison Act
1995 and Syariah Criminal Offences which is not compatible with the safeguarding the rights and
well-beng of the child under CRC.
All forms of corporal punishment on children violates their rights on human dignity, physical
integrity, rights to health, development, education and freedom from torture and other cruel,
inhuman or degrading treatment or punishment. The legality of corporal punishment in Malaysia
violates their right to protection under the law.

Value(s) and Belief(s):

All forms of corporal punishment on children, its laws and policies must be eradicated to protect
children’s rights enshrined in the CRC.

Proposal of Solution and Call to Action:

1. Malaysia must commit in changing current laws to prohibit corporal punishment on children
and enacting legislation to explicitly to prohibit all forms of corporal punishment of children,
however light, in all settings.
2. Conduct more action oriented research on corporal punishment and the impact of children
and use the outcome to realign laws, policies and guidelines on educating, protecting and
rehabilitating children.
3. Raise awareness amongst parents,caregivers, teachers, school and learning centre staff,
enforcement agencies, judicial authorities, prosecutors, detention and prison officers,
residential care, NGOs and all communities on CRC, applying the best interests principle and
positive disciplining methods.
4. Establish an independent Children’s Commission on All Forms of Violence Against Children
which includes (non-biased) specialised NGOs on child protection to create and monitor
policies and guidelines implemented by relevant and multi-sectoral ministries and
authorities, agencies, NGOs, community-based organisations, schools, learning centres and
recommend policy changes to strengthen governance, safety and well-being of children.

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