Abstract
All children have the right to live in an environment free from abuse and neglect. The safety of children is the paramount concern that must guide child protection efforts. It is in this context that reference of this paper will be made to The Child Act 2001, the key outcome of Malaysia’s ratification of the Convention on the Rights of the Child (CRC) which forms part of the protective legal environment for children in the country. Initiatives have been introduced under this Act to safeguard children from abuse, neglect and violence such as incest which has been criminalized by the Penal Code and the Domestic Violence Act which protects the child against violence within family. This Act was introduced to consolidate and amend the laws relating to the care, protection and rehabilitation of children. With the Act beforehand, numbers of child abuse cases are still alarming. Therefore, this article is an attempt to give an overview of care and protection provided under the Child Act 2001 towards children who are being the victims of abuse. The main purpose of this article is to evaluate the extent of the protection and care given under the Act to safeguard the children in the social justice system in Malaysia. At the end of the paper some areas are identified for further improvement and future amendment.
Highlights
History of Child MaltreatmentThroughout the centuries, infanticide, or the killing of the young children, was an established social custom practiced with great frequently in many cultures
The phenomenon of child maltreatment or child abuse has a long history
The present concern of child abuse in Malaysia can be traced back to the case of Balasundram, an innocent child aged 26 months that had been abused and eventually suffered to death This case was the turning point that gave rise to the Child Protection Act 1991 which is the epitome of Malaysian legislative prowess, for it has transcended the boundaries of a mere description of the circumstances in which a child is in need of protection to a reasoned definition of the major aspects of child abuse itself
Summary
Throughout the centuries, infanticide, or the killing of the young children, was an established social custom practiced with great frequently in many cultures. It served as a method of population control, war, famine, epidemic, and accident proved more effective in limiting the number of citizens. The killing of illegitimate babies was commonplace in Western societies for centuries In some societies, it was against the law for an illegitimate child to be permitted to live; in other cultures the stigma associated with illegitimacy was so great that unwed mothers routinely eliminated the tangible symbol of their sinfulness. As to apprehend the root of the problem since its early existence, it is perhaps better for us to examine the history of customary belief regarding the creation of a child in three leading races in Malaysia; Malay, Chinese and Indian
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