Child protection laws could be more child-centric

The definition of child neglect can be subjective, depending on how a child and society perceives the parents’ behaviour. But, one thing for sure child neglect is a type of maltreatment unto a child – when a parent fails to furnish basic physical health care, supervision, nutrition, emotional nurturing, education, safe housing and a safe environment.

Though child neglect or maltreatment has no clear cut definition, in our country, there are existing laws to cater to children’s welfare, specifically with regards to negligence.

In view of the rising cases of child death, for example, the abduction and murder of 2-year-old Siti Soffea Emelda Abdullah and the shocking shopping mall mishap that caused 7 year-old Nurul Emielda Nadia Sallehuddin to plung to her death whilst playing with her brother near an escalator, should more stringent legal action be taken on parents who neglect the well-being of their children?

Human rights lawyer, Nizam Bashir, said that Malaysia has made some strides forward where child rights are concerned, especially when we ratified the Convention on the Rights of the Child (CRC) in 1995 and a significant outcome of that ratification is the Child Act 2001.

Nizam cited that the existing Child Act 2001 makes it an offence for any person who cares for a child to neglect in a manner likely to cause him physical or emotional injury and that upon conviction, the sentence is a fine of RM20,000 or imprisonment not exceeding 10 years or both.

According to Nizam, there has been some discussion about amending a substantial portion of the Child Act aimed to hold parents more accountable for neglecting their children and introduce more options where sentencing is concerned.

He stressed that no matter what the decision is, when it comes to harsher punishment to be implemented or acts to be amended affecting children, it should be introduced or enacted with the best interests of the children in mind - that punishments should be dependent on facts and context.

“I find the idea of community service repugnant if it is meted out to parents who neglect their child to the extent that the life of the child has been lost. A child protection system or legislation should always be weighted towards the child," said Nizam.

He added that Malaysia can aspire to be more child-centric in our approach to protecting our children. Taking Sweden as an example, he said the Swedish government opted for appointment of children’s ombudsperson or public advocate to represent the interests of children and young people there.

In that capacity, the ombudsperson then monitors compliance with the CRC and submits a report every year to the Government highlighting opportunities and obstacles in fulfilling the rights of children as well as young people.

Approximately 44 other countries have officials acting in a similar capacity and the principal advantage of having such an official is the ombudsperson examines all issues outside of whichever State institution and avoids any question of conflict of interest.

“If Malaysia is serious about children's rights, then maybe this is something we can look at to complement, as it were, the role played by the Minister of Women, Family and Community Development," said Nizam.