Domestic Violence Against Children

Proposer:

CSO Platform For Reform – Child Cluster

Affiliations:

Child Rights Coalition Malaysia (CRCM)

Policy Code:

2e Child

Problem Statement / Issue:

1. Children are exposed to violence at home. If their mothers do not qualify for a Protection
Order, they would not be entitled to the same although it is in the Best Interest of the Child.
2. Although there is a legal and policy framework to protect children against violence, there
are gaps given the dual legal systems in Malaysia in the area of family law.
3. There is also a lack of synergy between the Child Act 2001, Sexual Offences Against Children
Act 2017, Domestic Violence Act 1994, Anti Trafficking in Persons and Anti-Smuggling of
Migrants Act 2007.

Value(s) and Belief(s):

Harmonise Child Act 2001, Sexual Offences Against Children Act 2017, Domestic Violence Act 1994,
Anti Trafficking in Persons and Anti-Smuggling of Migrants ACt 2007 in line with CRC, CEDAW and
international legal instruments.

Proposal of Solution and Call to Action:

1. Revoke all provisions that allow corporal punishment namely - Child Act, Education
Regulations, Penal Code, Criminal Procedure Code and Syariah Criminal Offences laws.
2. Establish an inter-agency data collection mechanism with confidentiality safeguards with the
police, JKM Hospitals, clinics, NGOs, UN agencies.
3. Conduct action-oriented research on violence affecting children at home, including refugee,
asylum-seeker and stateless children and share information with all stakeholders.
4. Institutionalise an independant and dedicated child hotline mechanism with a referral
system, and trained responders for child survivors of all forms of violence and neglect,
including online crimes.
5. Raise awareness and capacitate police, JKM including state child protectors and their
assistants, medical, enforcement and judicial authorities, NGOs, teachers, parents, school
staff on applying the best interests principle and determination, identification, child
protection case management, communicating with children and determining cases with
limited evidence.
6. Create awareness with families and communities on family unity, positive parenting, online
crimes against children, effective communication with children, sexual and reproductive
health including refugees, stateless and migrants.

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