Commissioner will ensure rights of children are protected, say legal experts


KUALA LUMPUR: The appointment of a Children's Commissioner under the Human Rights Commission of Malaysia (Suhakam) will ensure that the rights and welfare of children continue to be protected when the Children's Commission is established.

Suhakam Commissioner Prof Datuk Noor Aziah Mohd Awal said this is because the position carries the function of ensuring that any violation of children's rights is acted upon immediately.

"The task of the Children's Commissioner is to ensure that if any child is abused, an immediate investigation will be carried out and if someone is accused in court, the Commissioner needs to ensure that children are not treated like an adult, such as by not being handcuffed.

"We need to make sure that their rights are not neglected and they do not go on being victimised,” she told Bernama.

Prime Minister Datuk Seri Anwar Ibrahim today announced that a Children’s Commissioner has been appointed to Suhakam as part of efforts to tackle child abuse and other social problems affecting children.

The Minister’s Office of the Prime Minister’s Department (Law and Institutional Reform) had said earlier that the government was committed to establishing a Children’s Commission as an independent body to monitor and protect the rights of children in Malaysia.

However, the views of various stakeholders has to be considered and an act formulated first before the commission could be established.

Noor Aziah - who was a Children's Commissioner from 2019 to 2022 - said having the freedom in making decisions, including issuing media statements regarding cases involving children, should be among the job functions undertaken by a Children's Commissioner.

The Universiti Kebangsaan Malaysia Professor of Law in Family, Women and Children also voiced out the need for appropriate allocations in an effort to ensure that the appointed Commissioners can carry out their duties effectively, including awareness and education campaigns on the rights of the 9.7 million children in this country.

Meanwhile, Universiti Sains Islam Malaysia (USIM) Faculty of Syariah and Laws Associate Professor Dr Muzaffar Syah Mallow said that efforts to protect children must be emphasised through the enforcement of existing laws and the roles played by the surrounding community in protecting the group.

He said Malaysia already has specific laws to care for and protect children, namely the Child Act 2001 (Act 611) which focuses on aspects of rehabilitation and protection.

"In 2016 amendments were made to Section 31 (1) of Act 611 which clearly shows us all that parents and guardians need to play their role in protecting children under their care.

"Stern action can be taken against parents or guardians who fail to carry out their duties and responsibilities in protecting the children under their care,” he added. - Bernama

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