Transmenu powered by JoomlArt.com - Mambo Joomla Professional Templates Club

The Bar Council Human Rights Committee ("HRC") welcomes the decision of the magistrate of the Court For Children, Muhamad Faizal Ismail, reported in the New Straits Times dated 26 May 2009 entitled "RM5,000 Fine On Father Who Caned Daughter". 

   

We are appalled by the fact that the father in this case had caned his own child until she bled profusely. The HRC regards corporal punishment on a child as not only compromising the dignity of the child but also violating the rights of the child, as set out in the Convention on the Rights of the Child ("CRC"), which Malaysia has ratified.  Article 37 of the CRC prohibits children from being punished or treated in a cruel and harmful way.  In particular, Article 37(a) of the CRC states that, "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment".

It must be highlighted that according to the statistics published in the New Straits Times on 30 May 2009, in the last year alone Selangor recorded the highest number of child abuse cases (949) while Kuala Lumpur had 595 cases.  It is therefore important for the essence of the CRC to be strongly embodied in the decisions relating to all child abuse cases.  We hold the strong view that no child should be subjected to such ill-treatment and abuse by anyone, much less their own parents.

We are also further concerned with the welfare of the child.  We urge the Social Welfare Department to conduct comprehensive investigations into the child’s complaint to her teacher of abuse by the step-mother, if the Department has not already done so.  We also urge the Department to undertake follow-up visits to the child's home in the event that the child is being returned to her father’s custody.  We hope that the Department will provide psychological counselling to the father, step-mother and child. 

 

The decision of the magistrate in this case is consistent with and upholds the principles set out in the CRC.  The HRC stands strongly behind the human rights principle that someone as helpless and vulnerable as a child should never be exposed to physical or emotional harm that could irreversibly affect their well-being.  We therefore hope that this judicial attitude will be set forth as a precedent to all judges when dealing with children and in cases related to violence in the family.